Parks and Outdoor Recreation

C.R.S. tit. 33, art. 10
in effect

C.R.S. § 33-10-101 Legislative declaration

33-10-101. Legislative declaration. (1) It is the policy of the state of Colorado that the natural, scenic, scientific, and outdoor recreation areas of this state are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and visitors of this state. It is further declared to be the policy of this state that there shall be provided a comprehensive program of outdoor recreation in order to offer the greatest possible variety of outdoor recreational opportunities to the people of this state and its visitors and that to carry out such program and policy there shall be a continuous operation of acquisition, development, and management of outdoor recreation lands, waters, and facilities. (2) In implementing the policy set forth in subsection (1) of this section, the state shall: (a) Develop state parks and state recreation areas suitable for such recreational activities as camping, picnicking, hiking, horseback riding, environmental education, sightseeing, hunting, boating, fishing, swimming, and other water sports, and other recreational activities; (b) Advise the citizens of this state and visitors of the location of state parks and recreation areas through the distribution of Colorado state park and recreation area guides and the use of other appropriate informational devices; (c) Not be responsible for development of neighborhood parks or recreation areas that are mainly designed to provide facilities for team or individual sports; (d) Charge a fee for required passes or permits for the use of any state park or state recreation area where appropriate supervision and maintenance is required and when certain facilities, as determined by the parks and wildlife commission, are maintained at any such area; (e) Allow sport hunting, trapping, and fishing as a wildlife management tool and as the primary method of effecting a necessary wildlife management on lands under the control of the division of parks and wildlife.

C.R.S. § 33-10-102 Definitions

33-10-102. Definitions. As used in articles 10 to 15 of this title 33, unless the context otherwise requires: (1) Repealed. (2) "Camping" means the erecting of a tent or shelter of natural or manmade material, the placing of a sleeping bag or other bedding material on the ground, the parking of a motor vehicle, motor home, or traveler, or the mooring of a vessel for the apparent purpose of overnight occupancy. (3) to (6) Repealed. (7) "Fishing" shall have the same meaning as that specified in section 33-1-102. (8) "Hours", unless otherwise stated, means the hours of the day or night when recreational activities shall take place on land and water under the control of the division. (9) Repealed. (10) "Littering" means the indiscriminate depositing of trash, garbage, or other waste on public or private lands or waters of this state. (11) and (12) Repealed. (13) "Outdoor recreation" means any activity conducted in an outdoor environment by persons, such as hiking, camping, boating, fishing, hunting, and the like. (14) "Outdoor recreation resources" means the land and water areas which provide or may in the future provide opportunities for outdoor recreation. (15) "Parks and recreation officer" or "special parks and recreation officer" means a person who is appointed by the director and authorized to enforce the park laws and the rules of the commission and who shall cooperate with the division in the enforcement of the wildlife laws and rules. (16) "Pass" or "registration" means a document issued by the division authorizing the use of land and water under the control of the division or the use of vessels or snowmobiles within this state. The term "pass" shall include a permit or card, and the term "registration" shall include decals issued by the division. (17) "Peace officer" means a sheriff, undersheriff, deputy sheriff, police officer, Colorado state patrol officer, or town marshal; a district attorney, assistant district attorney, deputy district attorney, or special deputy district attorney; an authorized investigator of a district attorney; an agent of the Colorado bureau of investigation; a Colorado wildlife officer or special wildlife officer; or a parks and recreation officer. A parks and recreation officer has the powers of a peace officer as set forth in sections 16-2.5-101 and 16-2.5-117, C.R.S., and has the authority to enforce the laws of the state of Colorado while in the performance of his duties. (18) "Permit" means a document issued pursuant to commission rule and includes such documents as campground permits, electrical hookup permits, group picnic area permits, and other permits as authorized by the commission. (19) "Person" means any individual, association, partnership, or public or private corporation, any municipal corporation, county, city, city and county, or other political subdivision of the state, or any other public or private organization of any character. (20) "Public road" means the traveled portion and the shoulders on each side of any road maintained for public travel by a county, city, or city and county, the state, or the United States government and includes all structures within the limits of the right-of-way of any such road. county, or other political subdivision of the state, or any other public or private organization of any character. (20) "Public road" means the traveled portion and the shoulders on each side of any road maintained for public travel by a county, city, or city and county, the state, or the United States government and includes all structures within the limits of the right-of-way of any such road. (21) "Resident" means any person who has been domiciled in this state for six consecutive months or more immediately preceding the date of application for or purchase of any registration or aspen leaf passport under articles 10 to 15 of this title or the rules of the commission, who resides in this state with the genuine intent of making this state his or her place of permanent abode, and who, when absent, intends to return to this state. A person who is a resident of this state does not terminate residency upon entering the armed services of the United States. A member of the armed services domiciled in Colorado at the time he or she entered military service is presumed to retain his or her status as a domiciliary of Colorado throughout his stay in the service, regardless of where he or she may be assigned to duty or for how long. For the purposes of this subsection (21), the following are deemed residents of this state: (a) Members of the armed services of the United States or any nation allied with the United States who are on active duty in this state under permanent orders and their spouses and dependent children; (b) Personnel in the diplomatic service of any nation recognized by the United States who are assigned to duty in this state; (c) Students who are enrolled in and have been attending any school, college, or university in this state for at least six months immediately prior to the date of application for any registration. Students who are temporarily absent from this state while still enrolled at any such school, college, or university shall be deemed residents for the purposes of this subsection (21). (22) "Sell" includes offering or possessing for sale, bartering, exchanging, or trading. (23) "State park" means a relatively spacious fee title area having outstanding scenic and natural qualities and often containing significant archaeological, ecological, geological, and other scientific values so as to make imperative the preservation of the area by the division for the enjoyment, education, and inspiration of residents and visitors. (24) "State recreation area" means a relatively spacious and scenically attractive land and water area under the control of the division offering a broad range of outdoor recreational opportunities. A relatively spacious water body with limited land area under the control of the division may be classified as a state recreation area if it offers a full range of water-based recreational activities such as boating, water skiing, hunting, trapping, fishing, and swimming and has sufficient adjacent land acreage for the associated camping and picnicking. A relatively spacious land area without a significant water body may be classified as a state recreation area if it offers a full range of land-based recreational activities such as camping, picnicking, bicycling, hiking, horseback riding, environmental education, target shooting, hunting, trapping, and motorized recreation. (25) "Transfer" means to pass, deliver, convey, or hand over from one person to another. (26) "Trapping" shall have the same meaning as that specified in section 33-1-102. (27) (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. and motorized recreation. (25) "Transfer" means to pass, deliver, convey, or hand over from one person to another. (26) "Trapping" shall have the same meaning as that specified in section 33-1-102. (27) (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. (28) "Waters of the state" means any natural streams, reservoirs, and lakes within the territorial limits of the state of Colorado. (29) "Wildlife" shall have the same meaning as that specified in section 33-1-102.

C.R.S. § 33-10-103 Division and board created

33-10-103. Division and board created. (Repealed)

C.R.S. § 33-10-104 Board composition - jurisdiction

33-10-104. Board composition - jurisdiction. (Repealed)

C.R.S. § 33-10-106 Duties of the commission - rules

33-10-106. Duties of the commission - rules. (1) The commission shall: (a) Promulgate rules and orders relating to parks and outdoor recreation programs which are necessary to carry out the purposes of articles 10 to 15 and 32 of this title; (b) Administer the provisions of articles 10 to 15 and 32 of this title through the division and control, manage, develop, and maintain all state parks and state recreation areas, consistent with the state policy as set forth in section 33-10-101; (c) Establish parks and outdoor recreation uses for the areas, lakes, properties, and facilities under its control or which may be acquired or come under its control or supervision after July 1, 1972, where such areas, lakes, properties, or facilities are suitable for such uses; (d) Relate the parks and outdoor recreation programs to the populations and economies of the regions to be served and attempt to acquire pursuant to legislative authorization suitable lands for parks and outdoor recreation before their price has placed them beyond the means of the public treasury; (e) Through the division, enforce the laws and rules relating to parks and outdoor recreation areas; (f) Assure maximum development and protection of wildlife habitat consistent with park and outdoor recreation operations and provide full opportunity for the hunter and fisherman to harvest the surplus wildlife resources on all state park and outdoor recreation areas whenever public safety can be maintained; (g) Review dollar amount certifications submitted to it by eligible counties pursuant to part 3 of article 25 of title 30, C.R.S., determine the amounts to be certified to the general assembly, and certify said amounts pursuant to part 3 of article 25 of title 30, C.R.S.; (h) Select areas in proximity to lakes, streams, or reservoirs to be studied by the division for purposes of determining their suitability for the establishment of trails under article 11 of this title; (i) Designate trails to be part of the Colorado greenway trails system based on recommendations of the division pursuant to section 33-10-108 (1)(h); (j) (I) Promulgate rules as necessary to implement section 33-10-108.5, including, without limitation: (A) Procedures for entering into contracts or agreements for interpretive or educational services; (B) If a contract or agreement calls for the provision of interpretive or educational materials by a private organization, guidelines for approval of the interpretive or educational materials, including both printed matter and the content of any lecture, guided tour, audiovisual program, or other presentation, to ensure that factual representations are scientifically valid and objectively supported and that, where there is more than one responsible viewpoint on an issue, all such responsible viewpoints are presented in a balanced manner; and (C) Procedures for renewal and dissolution of contracts or agreements for interpretive or educational services. (II) In adopting rules pursuant to this paragraph (j), the commission shall consult with the director and personnel of the division and shall not initiate any special or additional rule-making hearings outside the commission's normal rule-making schedule. The intent of this subparagraph (II) is to allow the commission and the division to implement section 33-10-108.5 within existing appropriations. (III) Whenever the commission negotiates a contract or agreement affecting a specific state park, natural area, or facility, the commission shall promptly give written notice to the staff assigned to that park, area, or facility. (2) The commission shall adopt such rules as may be reasonably necessary for the administration, protection, and maintenance of all state parks and recreation areas under the direct control of the division. Specifically, the commission has the power to adopt rules for such areas on the following matters: ion shall promptly give written notice to the staff assigned to that park, area, or facility. (2) The commission shall adopt such rules as may be reasonably necessary for the administration, protection, and maintenance of all state parks and recreation areas under the direct control of the division. Specifically, the commission has the power to adopt rules for such areas on the following matters: (a) Preservation of property, vegetation, wildlife, signs, markers, or buildings or other structures, and any object of scientific value or interest; (b) Restriction or limitation of the use of any such area either as to time, manner, or permitted activities; (c) Prohibition of activities or conduct which may be reasonably expected to substantially interfere with the use and enjoyment of such areas by the general public or which may constitute a general nuisance; (d) Necessary sanitation, health, and safety measures; (e) Camping and picnicking, including the place, time, and manner in which such activities are permitted; (f) Use of motor vehicles and vessels, as to place, time, and manner of operation; (g) Control and limitation of fires and designation of places where fires are permitted; (h) Requirements essential for the proper management of state parks and outdoor recreation functions and uses. (3) Rules that apply to any particular area under the control of the division shall be prominently posted at such area, and general parks and outdoor recreation rules applying to all state parks and recreation areas shall be prominently posted at all public entrances to any such areas and at such other places as the division deems necessary. Permission to enter and use any state park or recreation area under the control of the division shall be conditioned upon compliance with the rules governing any such area, and any person who violates such rules may be cited for violations thereof, or required to leave the area for a twenty-four-hour period by division personnel or by other persons specifically authorized to enforce such rules by the division, or both. (4) (a) Rule-making procedures are as prescribed in article 4 of title 24, C.R.S., except as otherwise provided in articles 10 to 15 and 32 of this title. Notice of rules may also be given other publicity as the commission may deem desirable. (b) A certified copy, which may be certified by the director or the director's designee, of any rule or order of the commission constitutes prima facie evidence in any court of this state. A printed copy of any rule purporting or proved to have been adopted and published by the authority of the commission or as published in the code of Colorado regulations in accordance with section 24-4-103, C.R.S., is presumptive evidence of such rule and its adoption. (c) All rules and orders of the commission, lawfully adopted and in force on December 31, 1984, continue to be effective until revised, amended, repealed, or nullified, or until they have expired, pursuant to law.

C.R.S. § 33-10-107 Powers of commission - rules - definitions

33-10-107. Powers of commission - rules - definitions. (1) The commission may: (a) Acquire by gift, transfer, lease, purchase, or long-term operating agreement such land and water, or interests in land and water, as the director, with the approval of the executive director, deems necessary, suitable, or proper for parks and outdoor recreation purposes or for the preservation or conservation of sites, scenes, open space, and vistas of public interest. As used in this section, "interest in land and water" means any and all rights and interest in land less than the full fee interest, including future interests, easements, covenants, and contractual rights. Every interest in land and water held by the commission when properly recorded runs with the land or water to which it pertains for the benefit of the citizens of this state and may be protected and enforced by the commission in the district court of the county in which the land or water, or any portion thereof, is located. (b) Lease, exchange, or sell any property, water rights, land, or interest in land or water rights, including oil, gas, and other organic and inorganic substances which now are or may become surplus or which, in the proper management of the division, the commission desires to lease, exchange, or sell. All sales of property, water rights, or lands shall be at public sale, and the commission has the right to reject any or all bids. As used in this paragraph (b), "exchange" means the transferring of property, water rights, land, or interest in land or water rights to another person in consideration for the transfer to the commission of other property, water rights, land, or interest in land or water rights, or cash, or any combination thereof; except that any cash received may not exceed fifty percent of the total value of the consideration. A transaction otherwise qualifying as an exchange is not deemed a sale merely because dollar values have been assigned to any property, water rights, land, or interest in land or water rights, for the purpose of ensuring that the commission will receive adequate compensation. (c) Construct, lease, or otherwise establish public parks or outdoor recreational facilities and conveniences at any site or on any land controlled by the commission or in which it holds an interest, operate and maintain any such lands, facilities, and conveniences, and provide services with respect thereto, and, when appropriate, make reasonable charges for their use or enter into contracts for their maintenance or operation; (d) Enter into cooperative agreements with state and other agencies, educational institutions, municipalities, political subdivisions, corporations, clubs, landowners, associations, and individuals for the development and promotion of parks and outdoor recreation programs; (e) (I) Receive and expend: (A) Grants, gifts, sponsorships, contributions, donations, and bequests, including federal money, made available for the purposes for which the commission is authorized; and (B) Moneys made available to the division for the purpose of mitigating or offsetting adverse impacts of development on state parks or state recreation areas. (II) The commission may provide matching funds whenever appropriate moneys are available. The commission shall provide such information as may be required in order to secure matching funds. The receipt and expenditure of money so received shall be reported to the executive director prior to the time of submission of the commission's annual budget requests. (f) Contract with the political subdivisions of the state for development, operation, and maintenance of parks and outdoor recreation areas owned by any such political subdivision, but any such contract need not transfer possession or right of possession from said political subdivision; (g) Encourage the organization of public parks and outdoor recreational activities in political subdivisions of the state; t with the political subdivisions of the state for development, operation, and maintenance of parks and outdoor recreation areas owned by any such political subdivision, but any such contract need not transfer possession or right of possession from said political subdivision; (g) Encourage the organization of public parks and outdoor recreational activities in political subdivisions of the state; (h) [Editor's note: For the applicability of this subsection (1)(h) on or after January 1, 2025, see the editor's note following this section.] Establish by rule the amounts of fees for certificates, permits, licenses, and passes and any other special charges in order to provide for cash revenues necessary for the continuous operation of the state park and recreation system, subject to section 33-10-115; except that fees shall not be used for capital construction other than controlled maintenance activities, except for revenues generated from the sale of keep Colorado wild passes created in section 33-12-108. Fees and charges collected pursuant to this subsection (1)(h) shall be credited to the parks and outdoor recreation cash fund in accordance with section 33-10-111 (1). (2) In the event that the commission plans to acquire the fee title to any real property at a cost that exceeds one hundred thousand dollars or to acquire an easement for a period that exceeds twenty-five years or at a cost that exceeds one hundred thousand dollars or to enter into any lease agreement for the use of real property for a period that exceeds twenty-five years or at a cost that exceeds one hundred thousand dollars, or to sell or otherwise dispose of such property, after the commission has approved of the transaction but before it has completed the transaction, the commission shall submit a report to the capital development committee that outlines the anticipated use of the real property, the maintenance costs related to the property, the current value of the property, any conditions or limitations that may restrict the use of the property, and, in the event real property is acquired, the potential liability to the state that will result from the acquisition. The capital development committee shall review the reports submitted by the commission and make recommendations to the commission concerning the proposed land transaction within thirty days from the day on which the report is received. The commission shall not complete the transaction without considering the recommendations of the capital development committee, if the recommendations are made in a timely manner.

C.R.S. § 33-10-108 Duties of the division of parks and wildlife - gifts, grants, or donations - definitions

33-10-108. Duties of the division of parks and wildlife - gifts, grants, or donations - definitions. (1) The division, unless otherwise provided by law, has the following duties: (a) To enter into contracts and agreements with the United States or any appropriate agency thereof for purposes authorized under the federal "Land and Water Conservation Fund Act of 1965", as amended, and to keep financial and other records relating thereto; (a.5) To enter into contracts and agreements with private organizations for purposes authorized under section 33-10-108.5 and to keep financial and other records relating thereto; (b) To furnish such reports and information as may be reasonably necessary to enable appropriate officials and agencies of the United States to perform their duties under the federal "Land and Water Conservation Fund Act of 1965", as amended; (c) To prepare, maintain, and keep up to date a comprehensive plan for the development of the outdoor recreation resources of this state; (d) To receive and disburse federal moneys to carry out the purposes of a comprehensive statewide outdoor recreation plan, but, of such allocation, not more than seventy-five percent, exclusive of administrative costs, shall be retained for development of the state-operated facilities by the division. In the event that requests on behalf of any county, city, or other political subdivision do not fully utilize the federal aid funds available, the state may use such funds. (e) To undertake projects for the development of the state resources for outdoor recreation, but areas acquired or developed pursuant to any program participated in by this state under the authority of this section or section 33-10-114 shall be publicly maintained and operated for outdoor recreational purposes by the division; (f) To enter into and administer agreements with the United States, or any appropriate agency thereof, for the planning, acquisition, and development of projects involving participating federal aid funds on behalf of any county, city, or other political subdivision if such county, city, or other political subdivision gives necessary assurances to the division that it has available sufficient funds to meet its share of the cost of the project and that the acquired or developed areas will be operated and maintained in perpetuity at its expense for public outdoor recreation use. Funds distributed to a city, county, or any other political subdivision pursuant to this section and not utilized shall, pursuant to rules adopted by the commission, revert to the division for its use. Any administrative costs assessed by the division to any county, city, or other political subdivision for local projects shall be for actual administrative costs incurred by the division, not to exceed five percent of federal aid funds distributed to such political subdivision. (g) To provide technical assistance and information to counties, cities, or other political subdivisions of the state for local planning, financing, construction, operation, and maintenance of recreational trails, including trails along lakes, streams, or reservoirs, in accordance with article 11 of this title; to exceed five percent of federal aid funds distributed to such political subdivision. (g) To provide technical assistance and information to counties, cities, or other political subdivisions of the state for local planning, financing, construction, operation, and maintenance of recreational trails, including trails along lakes, streams, or reservoirs, in accordance with article 11 of this title; (h) To study the availability of areas selected by the commission pursuant to section 33-10-106 (1)(h) for the establishment of trails under article 11 of this title and to recommend trails to be included in the Colorado greenway trails system. (2) Pursuant to a contract or agreement with an organization authorized by section 33-10-108.5, the division may provide personnel services to help the organization carry out its interpretive or educational program and provide space at or within any state park, natural area, or facility, as defined in said section, for interpretive or educational materials provided by the organization. (3) (a) Pursuant to a contract, intergovernmental agreement, or memorandum of understanding, the division may allow fire mitigation personnel and accompanying equipment and material under the control or supervision of a fire department to enter state parks, state recreation areas, and natural areas for the purpose of mitigating forest land or wildland fires in or around such parks, recreation areas, and natural areas. Permissible activities to be undertaken by a fire department under this paragraph (a) include, without limitation, prescribed burning as a component of wildfire mitigation or forest or wildland management and exercises to promote the training of firefighting personnel. (b) As used in this subsection (3): (I) "Fire department" shall have the same meaning as set forth in section 29-20-105.5 (2)(a), C.R.S. (II) "Natural area" shall have the same meaning as set forth in section 33-33-103 (8). (4) The division is authorized to enter into cooperative agreements with other land management agencies for the purpose of implementing the keep Colorado wild pass offered pursuant to section 33-12-108 to provide access to participating federal and other public lands and for other purposes set forth in this article 10 and articles 10.5 to 15 and article 33 of this title 33. (5) The division shall develop a program to seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes set forth in this article 10 and articles 10.5 to 15 and article 33 of this title 33.

C.R.S. § 33-10-108.5 Interpretive and educational services - agreements with nonprofit groups - definitions

33-10-108.5. Interpretive and educational services - agreements with nonprofit groups - definitions. (1) To provide interpretive or educational services at state parks, natural areas, and facilities, the division may enter into a contract or agreement with any private nonprofit, scientific, historic, volunteer, or educational organization organized primarily for the purpose of providing interpretive or educational services at such parks, natural areas, and facilities. An eligible organization may include, but is not limited to, a group designated as "friends of" an identified state park or area. (2) In accordance with a contract or agreement under this section, an organization may: (a) Offer interpretive or educational materials for sale at the state park, natural area, or facility for which the organization provides services under the terms of the contract. Net proceeds received from sales under this paragraph (a) shall be used to provide interpretive or educational services at the state park, natural area, or facility. (b) Acquire display materials and equipment for exhibit at the state park, natural area, or facility for which the organization provides services under the terms of the contract; (c) Support special state park, natural area, or facility interpretive or educational programs and other interpretive projects related to a specific park, natural area, or facility; or (d) Support state park, natural area, or facility resource centers. (3) As used in this section, "state parks, natural areas, and facilities" means: (a) State parks; (b) State recreation areas; (c) Natural areas, as defined in section 33-33-103 (8); and (d) Any state-owned facility related to or adjoining a park or area listed in paragraphs (a) to (c) of this subsection (3), whether indoor or outdoor, and including the department's management offices and other buildings.

C.R.S. § 33-10-109 Powers and duties of director

33-10-109. Powers and duties of director. (1) It is the duty of the director to: (a) Appoint such personnel, subject to the provisions of section 13 of article XII of the state constitution, as are necessary for the efficient operation of the division, including such personnel designated as parks and recreation officers. An employee of the division may be certified as a parks and recreation officer by the issuance of a parks and recreation officer law enforcement card. The commission card, signed by the director, shall evidence that such parks and recreation officer has satisfied the certification requirements established by the division, including basic certification from the peace officers standards and training board. Certified parks and recreation officers shall have the power to enforce the provisions of articles 10 to 15 and 32 of this title relating to parks and outdoor recreation areas and shall cooperate with the division of parks and wildlife in the enforcement of laws, rules, and regulations. (b) Exercise general supervisory control over all activities, functions, and employees of the division; (c) Repealed. (d) Prepare such reports as the executive director requires the commission or director to submit; (e) Authorize, with approval of the commission, such studies as are necessary to collect, classify, and disseminate statistics, data, and other information which, in the director's discretion, tend to accomplish the objectives of articles 10 to 15 and 32 of this title, consistent with the state policy as set forth in section 33-10-101; (f) Appoint special parks and recreation officers who have the power to enforce articles 10 to 15 and 32 of this title and rules of the commission. Special parks and recreation officers' commissions shall not be issued until the applicant has submitted an application to the division setting forth his or her qualifications. The director may revoke such appointments at any time. (g) (I) Obtain from powersports vehicle manufacturers the engine rotations per minute needed to conduct the SAE J1287, as defined in section 25-12-102, and to make the information available to law enforcement agencies in Colorado; (II) Provide, at the director's discretion, training programs to local law enforcement agencies concerning the enforcement of section 25-12-110 (1) and (2); and (III) Cooperate with federal agencies, Colorado agencies, and political subdivisions of Colorado to enforce section 25-12-110 (1) and (2). (IV) (Deleted by amendment, L.2024.)

C.R.S. § 33-10-110 Expenses of employees

33-10-110. Expenses of employees. (1) In addition to their salaries, all employees of the division shall be reimbursed for all actual and necessary expenses incurred by them in the discharge of their official duties. (2) In addition to the compensation paid employees of the division and in addition to reimbursement for all actual and necessary expenses as provided in subsection (1) of this section, each employee of the division who is vested with the rights and powers of a certified parks and recreation officer, including the chief enforcement officer and the assistant chief enforcement officer, shall, because of the number of hours and the extraordinary service performed by such an employee, be further reimbursed for maintenance and ordinary expenses incurred in the performance of his duties in such amount as shall be determined by the director, but the amount authorized under this subsection (2) for any such employee of the division shall not exceed the sum of fifty dollars per month.

C.R.S. § 33-10-111 Parks and outdoor recreation cash fund - parks for future generations trust fund - creation - fees - accounting expenditures for roads and highways - definition

33-10-111. Parks and outdoor recreation cash fund - parks for future generations trust fund - creation - fees - accounting expenditures for roads and highways - definition. (1) Except as provided in subsection (6) of this section and sections 33-10.5-104.5, 33-10.5-105, 33-14-106, 33-14.5-106, and 33-15-103, all money derived pursuant to articles 10 to 15 of this title 33 from division facilities and fees, and all interest earned on the money, shall be credited to the parks and outdoor recreation cash fund, which is hereby created, together with all money donated, transferred, or appropriated from whatever source for the use of the division in administering, managing, and supervising the state parks and outdoor recreation system and in the financing of impact assistance grants pursuant to part 3 of article 25 of title 30. All cash receipts from state-owned desert, saline, and internal improvement lands shall be credited to the parks and outdoor recreation cash fund. (1.5) Repealed. (2) The director, with the consent and approval of the executive director, is authorized and directed to establish an adequate system of accounting which will accurately record: (a) All moneys received and from what sources; (b) All moneys expended and for what purposes; (c) All passes, permits, and registrations that are issued, numbering each type separately. (3) In his annual budget request to the governor, the executive director shall clearly show the allocation of funds used for parks and outdoor recreation purposes among operations, land acquisition, capital construction, and other purposes. (4) At each regular session, the general assembly shall determine the amounts to be expended by the division for the acquisition of rights-of-way for the construction, improvement, repair, and maintenance of public roads and highways in state recreation areas and parks and shall appropriate such amounts from the state allocation provided by section 43-4-206, C.R.S., from the highway users tax fund to the division as are necessary to accomplish these purposes. (5) Repealed. (6) (a) (I) (A) There is hereby created in the state treasury the parks for future generations trust fund. The fund consists of moneys appropriated to the fund by the general assembly, moneys received from energy or mineral royalties or leases of energy or mineral rights on park properties, and gifts, grants, and donations. (B) For purposes of this subparagraph (I), "park properties" means each state park and state recreation area and any other park properties in which the division owns mineral interests. (II) No less than fifty percent of the total moneys deposited in the fund other than interest shall be accrued and maintained intact, and the remaining balance of the moneys deposited into the fund may be expended subject to appropriation by the general assembly; except that the interest earned on moneys in the fund is continuously appropriated and may be expended on such property operation and maintenance and other park projects and programs as the commission deems appropriate. (b) The fund is under the control of and administered by the commission. The controller shall authorize disbursements from the fund as directed by the commission on receipt of a voucher from the commission stating that the disbursement is in accordance with this subsection (6). (c) Repealed. (d) All moneys and interest in the fund remain in the fund to be used for the purposes set forth in this subsection (6) and shall not be deposited in or transferred to the general fund or any other fund.

C.R.S. § 33-10-111.5 Parks and outdoor recreation emergency reserve cash fund - stores revolving fund - created

33-10-111.5. Parks and outdoor recreation emergency reserve cash fund - stores revolving fund - created. (1) There is hereby created in the state treasury a fund to be known as the parks and outdoor recreation emergency reserve cash fund. Moneys in an amount as specified in subsection (2) of this section from the parks and outdoor recreation cash fund created in section 33-10-111 that are not otherwise expended pursuant to that section shall be credited to the parks and outdoor recreation emergency reserve cash fund. Such fund shall be available to be used if there are insufficient funds in the parks and outdoor recreation cash fund at the end of any fiscal year for appropriations affecting the division made in that fiscal year. (2) For the fiscal year 2008 and for each fiscal year thereafter, the balance in the parks and outdoor recreation emergency reserve cash fund shall increase by one percent of the overall appropriation to the division of parks and wildlife for state park operations; except that the balance in the parks and outdoor recreation emergency reserve cash fund shall not exceed ten percent of the total amount appropriated for state park operations. (3) The parks and outdoor recreation cash fund shall not be unreasonably used to offset any general fund restriction or reduction that is imposed on the department of natural resources. (4) There is hereby created a stores revolving fund, which fund shall be maintained to acquire stock for warehousing and distributing supplies for retail sales to visitors. The money in the fund is continuously appropriated to the division for the purchase of stock for retail sales to visitors. The purpose of the fund is to provide better budgetary control. Nothing contained in this subsection (4) authorizes the division to make any purchases or acquisitions in any manner except as provided by law. Any surplus in the revolving fund in excess of the amount needed for stock purchases may be reverted, as appropriate, to any other cash fund administered by the division.

C.R.S. § 33-10-112 Federal aid projects income fund

33-10-112. Federal aid projects income fund. There is hereby created a fund designated as the federal aid projects income fund to which shall be credited certain revenues and earnings derived from properties purchased and operated jointly by the United States government and the state of Colorado under the provisions of this article, and the provisions of the acts of congress referred to therein, and the rules and regulations of the United States department of the interior. Such revenues and earnings so credited shall be limited to those specific revenues and earnings to which each has a right under the provisions of cooperative agreements establishing such rights. All moneys credited under the provisions of this section are specifically appropriated for the purposes for which such moneys may accrue.

C.R.S. § 33-10-113 Designation of agency

33-10-113. Designation of agency. The division is authorized to accept and administer funds provided for the planning and development of the outdoor recreation resources of this state pursuant to the provisions of the act of congress entitled the "Land and Water Conservation Fund Act of 1965", as amended. In connection with obtaining for the state of Colorado the benefits of any such programs, the division shall coordinate its activities with and represent the interest of all agencies of the state and of counties, cities, and other local governments having an interest in the planning, development, and maintenance of outdoor recreation resources within the state.

C.R.S. § 33-10-114 Limitation on division and commission authority

33-10-114. Limitation on division and commission authority. (1) Neither the commission nor the division shall enter into any mitigation agreements with any agency of the federal government relating to the transfer or exchange of land or water condemned by the federal government without the express consent of the general assembly. (2) Nothing in subsection (1) of this section prevents the commission or the division from entering into common agreements with a federal agency pertaining to the administration or management of federally owned lands.

C.R.S. § 33-10-115 Use of parks and recreational areas by nonprofit backcountry search and rescue organizations - definitions - rules

33-10-115. Use of parks and recreational areas by nonprofit backcountry search and rescue organizations - definitions - rules. (1) This section shall be known and may be cited as the "Colorado Backcountry Search and Rescue State Parks Usage Act". (2) As used in this section: (a) "Backcountry search and rescue activities" means official drills, exercises, live incidents, or other such activities that provide instruction to backcountry search and rescue personnel, and that are conducted at any time of the day, including, without limitation, overnight or over several days and nights. (b) "Park, recreation area, or facility" means: (I) A state park; (II) A state recreation area; or (III) A state-owned facility that is open to the public and related to or adjoining a state park or a state recreation area. (c) "Public or nonprofit backcountry search and rescue organization" means a not-for-profit entity that performs backcountry search and rescue, disaster relief, or national defense missions in Colorado. The term includes, without limitation, the Colorado civil air patrol, governmental search and rescue organizations, and the Colorado search and rescue association. (3) A public or nonprofit backcountry search and rescue organization shall be exempt from all park fees when the organization is using a park, recreation area, or facility to conduct backcountry search and rescue activities. (4) The commission may promulgate rules as are reasonably necessary to implement this section.

C.R.S. § 33-10-116 Backcountry search and rescue - study - training and physical and psychological support pilot program

33-10-116. Backcountry search and rescue - study - training and physical and psychological support pilot program. (1) (a) The division shall conduct a study and develop recommendations on how to address the challenges associated with backcountry search and rescue in the state. At a minimum, the study must address: (I) How to improve and develop a sustainable structure for coordination among the state of Colorado, county sheriffs and local law enforcement agencies, public or nonprofit organizations that provide backcountry search and rescue services, and federal agencies; (II) The availability and adequacy of workers' compensation or other benefits for individuals who are injured in the course of providing backcountry search and rescue services, including as volunteers; (III) The availability and adequacy of retirement benefits for individuals who provide backcountry search and rescue services, including as volunteers; (IV) Compensation and reimbursement of expenses for volunteers who provide backcountry search and rescue services; (V) The availability of necessary equipment and the need for funding to obtain, maintain, and replace equipment and operate backcountry search and rescue teams; (VI) The physical and psychological impacts of providing backcountry search and rescue and the availability and adequacy of physical and psychological support and resources for individuals who provide backcountry search and rescue services, including as volunteers; (VII) Issues related to governmental immunity for volunteers who provide backcountry search and rescue services; (VIII) Training needs for volunteers involved in backcountry search and rescue; and (IX) The need for public outdoor safety education. (b) In conducting the study required by this subsection (1), the division shall consult with affected stakeholders, including county sheriffs, public and nonprofit backcountry search and rescue organizations, the department of public safety, the department of local affairs, the Colorado avalanche information center, local governments, and other entities affected by or involved with backcountry search and rescue. (c) The department shall report on the division's findings as part of the department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203 in January 2022 to the rural affairs and agriculture committee of the house of representatives and the agriculture and natural resources committee of the senate, or their successor committees. (2) The division shall conduct outreach and training across the state on physical and psychological stress injuries and impacts faced by backcountry search and rescue volunteers. The outreach and training may include working with a qualified consultant to assess the physical and psychological needs of volunteers and provide training on recognizing and addressing those needs, developing a grant program for local government agencies or backcountry search and rescue organizations to provide physical and psychological support and training to volunteers, or developing other outreach, training, and services for backcountry search and rescue volunteers across the state.

C.R.S. § 33-10-117 State park access - fees - fund - definitions - rules

33-10-117. State park access - fees - fund - definitions - rules. (1) (a) (I) By July 1, 2024, the commission shall establish, by rule: (A) A process for local governments to request an additional fee to be charged on a daily vehicle pass that authorizes the use of a state park located within the local government's geographic boundaries; and (B) Criteria for approving a request made under subsection (1)(a)(I)(A) of this section. (II) The division shall not collect the fee from a state park visitor who holds an annual or lifetime pass to visit state parks. The commission shall not unreasonably withhold approval of a request to create the fee. (b) The rules promulgated by the commission must set the fee so that the fee: (I) Does not exceed two dollars, but the commission shall adjust the fee every five years to account for inflation or deflation as provided in subsection (1)(c) of this section, and the adjustment may allow the fee to exceed two dollars; and (II) Is rounded to the nearest dollar. (c) In calculating inflation or deflation, the commission shall use the statistics published by the Colorado department of transportation as the construction cost index. (d) (I) (A) The local access route cash fund is created in the state treasury. The fund consists of money credited to the fund in accordance with this subsection (1) and any other money that the general assembly may appropriate or transfer to the fund. (B) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (C) Money in the fund is continuously appropriated to the division to implement this section. (II) The division shall perform, on an annual basis, an analysis to determine the net incremental cost of the collection and administration of the fee. The division may retain a portion of the fee to cover the cost of collecting and administering the fee, but may retain only the amount of the fee that is determined to be necessary by the cost analysis. The division shall not retain more than three and one-third percent of the fee. The division shall transmit the retained portion of the fee to the state treasurer, who shall credit the same to the parks and outdoor recreation cash fund created in section 33-10-111. (2) (a) Beginning January 1, 2025, the division shall collect any fee established under subsection (1) of this section from each person using a daily vehicle pass that visits a state park for which an additional fee has been established and shall transfer the fee, minus the amount retained under subsection (1)(d) of this section, to the state treasurer, who shall credit the fee to the fund. The division shall transfer the remainder of the fee from the fund to the local government that requested the fee and is responsible for the local access route. If a state park has multiple local access routes that are maintained by multiple local governments, all of which requested the additional fee pursuant to subsection (1)(a) of this section, the local governments shall determine by agreement how the fee revenue is to be apportioned, and the division shall not distribute the fee revenue to the local governments until the local governments have provided the division with the agreement. (b) A local government shall use any fee received under this subsection (2) to support access to state parks. Supporting access may include maintaining and constructing local roads, bicycle lanes, shuttle operations, and multimodal access routes. (3) As used in this section, unless the context otherwise requires: (a) "Daily vehicle pass" means any fee paid by a visitor to a state park assessed on a daily basis and based on a motor vehicle entering the state park. (b) "Fee" means the fee established under subsection (1) of this section. (c) "Fund" means the local access route cash fund created in subsection (1)(d)(I) of this section. s. (3) As used in this section, unless the context otherwise requires: (a) "Daily vehicle pass" means any fee paid by a visitor to a state park assessed on a daily basis and based on a motor vehicle entering the state park. (b) "Fee" means the fee established under subsection (1) of this section. (c) "Fund" means the local access route cash fund created in subsection (1)(d)(I) of this section. (d) "Local access route" means a right-of-way, including a bike or pedestrian path, that is normally used to travel to or from a state park. (e) "Local government" means a city, county, city and county, or special district of this state.

C.R.S. § 33-10-118 Division to study access to state parks

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: 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

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