Administration of Parks and Wildlife

C.R.S. tit. 33, art. 9
in effect

C.R.S. § 33-9-101 Commission - creation - composition - terms - vacancies - removal - meetings - strategic plan - legislative declaration - public engagement - reports

33-9-101. Commission - creation - composition - terms - vacancies - removal - meetings - strategic plan - legislative declaration - public engagement - reports. (1) (a) Effective July 1, 2012, there is hereby created the parks and wildlife commission, also referred to in this article as the "commission". (b) Repealed. (2) The commission consists of thirteen members, as follows: (a) Two members who are ex officio nonvoting members, as follows: (I) The executive director; and (II) The commissioner of the department of agriculture; (b) Eleven voting members who are appointed, in accordance with subsection (3) of this section, by the governor with the consent of the senate. (3) (a) The eleven voting members of the commission are as follows: (I) Three members who are sports persons who can demonstrate a reasonable knowledge of wildlife issues and who have obtained a hunting or fishing license issued under this title 33 for at least each of the three years prior to their appointments. One of the members appointed pursuant to this subsection (3)(a)(I) must be an outfitter registered pursuant to article 145 of title 12. (II) Three members who are actively involved in production agriculture as owners or lessees of the agricultural property and owners or partial owners of the commodities produced on the land and who can demonstrate a reasonable knowledge of wildlife issues; (III) Three members who can demonstrate that they regularly engage in outdoor recreation and utilize parks resources. One member appointed under this subparagraph (III) shall represent a nonprofit organization that supports and promotes the conservation and enhancement of Colorado's wildlife and habitat; recognizes and promotes primarily nonconsumptive wildlife use; and has expertise in wildlife issues, wildlife habitat, or wildlife management; and (IV) Two members appointed from the public at-large. (b) (I) In appointing members to the commission under paragraph (a) of this subsection (3), the governor shall make appointments that ensure that a reasonable balance of the following areas of knowledge and experience, as they relate to parks and wildlife, are represented: Outdoor business, service as a current or former local elected official, youth outdoor education, wildlife biology or science, energy, conservation, beneficial uses of water, land conservation and conservation easements, and diversified trails interests and activities. In order to satisfy the requirements of this paragraph (b), the governor shall give preference to persons with experience or expertise in multiple areas of knowledge. (II) Regardless of the particular interests or qualifications possessed by each member appointed to the commission pursuant to paragraph (a) of this subsection (3), each commissioner represents diverse parks, wildlife, and outdoor recreation throughout Colorado and is committed to the long-term financial stability and sustainability of the department. (c) Of the voting members appointed to the commission, there shall not be a difference of more than one person between those members affiliated with any major political party. (d) To the extent possible, voting members shall be appointed to the commission in a manner that ensures balanced geographical representation of diverse areas of the state. At least four voting members shall be appointed from west of the continental divide. (e) (I) Terms of members serving pursuant to subsection (2)(b) of this section are for four years. (II) No member serving pursuant to paragraph (b) of subsection (2) of this section is permitted to serve more than two consecutive terms. (f) Repealed. ed geographical representation of diverse areas of the state. At least four voting members shall be appointed from west of the continental divide. (e) (I) Terms of members serving pursuant to subsection (2)(b) of this section are for four years. (II) No member serving pursuant to paragraph (b) of subsection (2) of this section is permitted to serve more than two consecutive terms. (f) Repealed. (g) [Editor's note: Subsection (3)(g) is effective January 1, 2025.] (I) Each year that a voting member of the commission serves on the commission, the voting member shall participate in at least two public meetings to directly engage people in the geographic area that the member represents; except that each of the members appointed to represent the public at large shall participate in at least one meeting per year west of the continental divide and at least one meeting per year east of the continental divide, unless the meeting is virtual. (II) The director shall: (A) For each commission member subject to the public meetings requirement set forth in subsection (3)(g)(I) of this section, track and report to the chair of the commission on the status of the member's public meetings at least once per year at a time determined by the chair; and (B) Provide the data tracked under subsection (3)(g)(II)(A) of this section to the executive director for inclusion in the department's annual "SMART Act" presentation to the general assembly pursuant to section 2-7-203. (III) The governor may determine that a voting member's failure to participate in public meetings pursuant to this subsection (3)(g) qualifies as cause for removal pursuant to subsection (5) of this section. (4) The governor shall fill vacancies on the commission for any unexpired term, with the consent of the senate. The member appointed to fill a vacancy shall be from the same category described in paragraph (a) of subsection (3) of this section as the member vacating the position. (5) The governor is permitted to remove members of the commission only for cause. (6) Six voting commissioners constitute a quorum for purposes of conducting the business of the commission. (7) For purposes of mailing and service, the commission's principal office is in the office of the executive director. (8) [Editor's note: This version of subsection (8) is effective until January 1, 2025.] For each day actually engaged in the duties of the commission, the commission members are entitled to receive a per diem amount of fifty dollars, together with all actual and necessary travel expenses to be paid after the expenses are incurred. Mileage rates are as provided in section 24-9-104, C.R.S. (8) [Editor's note: This version of subsection (8) is effective January 1, 2025.] For each day actually engaged in the duties of the commission, the commission members are entitled to receive a per diem amount of fifty dollars, together with all actual and necessary travel expenses to be paid after the expenses are incurred. Mileage rates are as provided in section 24-9-104. Voting commission members are entitled to be reimbursed for reasonable costs incurred in participating in public meetings pursuant to subsection (3)(g) of this section. (9) The 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 and the executive director of the department. provided in section 24-9-104. Voting commission members are entitled to be reimbursed for reasonable costs incurred in participating in public meetings pursuant to subsection (3)(g) of this section. (9) The 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 and the executive director of the department. (10) (a) (I) The initial meeting of the commission shall be convened by the executive director. (II) At the first meeting, the commission shall: (A) Elect a chair and vice-chair from the members serving pursuant to paragraph (b) of subsection (2) of this section, who shall serve in that capacity for a term of one year but who may be reelected for additional terms; and (B) Designate two members to serve as representatives to the state board of the great outdoors Colorado trust fund established under article XXVII of the state constitution. One representative must be a commissioner with wildlife knowledge appointed pursuant to subparagraph (I) of paragraph (a) of subsection (3) of this section, and the other representative must be a commissioner with experience in outdoor recreation appointed pursuant to subparagraph (III) of paragraph (a) of subsection (3) of this section. (b) The commission shall meet as often as necessary and may adopt policies and procedures necessary to carry out its duties. The commission shall conduct at least two meetings per calendar year at locations west of the continental divide. (11) (a) In addition to discharging its regular duties and functions, the commission shall specifically discuss and formulate a five-year strategic plan to address ongoing or new issues resulting after, and identify increased efficiencies and cost savings that may be realized from, the 2011 merger of the former division of wildlife and the former division of parks and outdoor recreation into the division of parks and wildlife. The strategic plan must address how the merger has affected policies, objectives, strategies, and estimated annual fiscal costs and savings associated with the duties and programs of the division. (b) The commission shall finalize the strategic plan required by this subsection (11) by December 31, 2013. In developing the strategic plan, the commission shall place special emphasis on obtaining meaningful statewide input. (c) Repealed. (12) (a) The general assembly hereby finds, determines, and declares that it is the policy of the state that: (I) Colorado's wildlife, natural, scenic, and scientific resources must be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of the state and its visitors; (II) Colorado's agriculture plays a vital role in providing the state's wildlife, natural, scenic, and scientific resources the habitat and conditions that allow these resources to thrive; (III) A comprehensive program designed to offer the greatest possible variety of recreational opportunity to the people of the state and its visitors is provided; (IV) There must be a continuous operation of planning, acquisition, development, and management of wildlife habitats, state parks, outdoor recreation lands, trails, waters, and facilities in a manner that recognizes the private property rights of individual property owners; and (V) Both education and outreach activities must be used to promote natural resources stewardship. (b) The general assembly further finds and declares that the mission of the commission and the division is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources.

C.R.S. § 33-9-102 Powers and duties of commission - rules

33-9-102. Powers and duties of commission - rules. (1) The commission is vested with all the powers, responsibilities, obligations, functions, and duties that previously were under the jurisdiction of the former wildlife commission or the former board of parks and outdoor recreation as of June 30, 2011. (2) In addition to any other specific grant of rule-making authority, the commission may adopt or revise any rules, in accordance with article 4 of title 24, C.R.S., that the commission deems necessary or convenient to effect the purposes of, and fulfill its duties under, this title. (3) The commission shall designate a commission member with wildlife knowledge appointed pursuant to section 33-9-101 (3)(a)(I) to serve as a representative to the state board of the great outdoors Colorado trust fund established under article XXVII of the state constitution. The commission shall designate a commission member with parks and outdoor recreation knowledge appointed pursuant to section 33-9-101 (3)(a)(III) to serve as a representative to the state board of the great outdoors Colorado trust fund established under article XXVII of the state constitution. (4) (a) In promulgating a rule to increase or decrease a park fee or charge under articles 10 to 15 and 32 of this title 33, the commission shall consider the effect that the change in the fee or charge would have on park usage, the demand for the service for which the fee or charge is used, and opportunities to implement differential pricing. (b) (Deleted by amendment, L. 2018.) (c) Repealed.

C.R.S. § 33-9-103 Office of director of division created - duties

33-9-103. Office of director of division created - duties. (1) (a) The office of director of the division is hereby created. The commission, with the consent of the executive director, shall appoint the director. The director shall devote his or her entire time to the service of the state in the discharge of his or her official duties and shall not hold any other public office. The appointment or removal of the director is subject to section 13 of article XII of the state constitution. The director shall possess such qualifications as may be established by the commission, the executive director, and the state personnel director. (b) (Deleted by amendment, L. 2012.) (2) The director shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested previously in the director of the division of wildlife and the director of the division of parks and outdoor recreation, including those duties described under sections 33-1-110 and 33-10-109. (3) The director shall exercise all the powers and perform all the functions of the commission in the interim between its meetings, subject to the ratification of the commission. The director shall act as recording secretary for the commission and is the custodian of all minutes and other records of the commission. The director shall perform such duties as prescribed by the commission, by the executive director, or by law; except that the director has no authority to promulgate rules.

C.R.S. § 33-9-104 Division of parks and wildlife - creation - duties

33-9-104. Division of parks and wildlife - creation - duties. (1) There is hereby created a division of parks and wildlife in the department of natural resources, also referred to in this article as the "division". The division is under the jurisdiction of the commission. (2) The division 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 title 33 under the department of natural resources and the executive director thereof. The division has all the powers, duties, obligations, and functions previously exercised by the division of wildlife or the division of parks and outdoor recreation, as those divisions existed on June 30, 2011.

C.R.S. § 33-9-105 Enterprise status of commission and division

33-9-105. Enterprise status of commission and division. (1) The division and the commission constitute an enterprise for the purposes of section 20 of article X of the state constitution, so long as the commission retains the authority to issue revenue bonds and the division receives less than ten percent of its total annual revenues in grants, as defined in section 24-77-102 (7), C.R.S., from all Colorado state and local governments combined. So long as they constitute an enterprise pursuant to this section, the division and the commission are not subject to any of the provisions of section 20 of article X of the state constitution. (2) The enterprise created pursuant to this section has all the powers and duties of the commission and the division as authorized under this title. (3) Nothing in this section limits or restricts the authority of the division to expend its revenues consistent with this title.

C.R.S. § 33-9-106 Reports

33-9-106. Reports. (Deleted by amendment, L. 2012.) (2) Repealed.

C.R.S. § 33-9-107 Reaffirmation of assent to federal Pittman-Robertson and Dingell-Johnson acts

33-9-107. Reaffirmation of assent to federal Pittman-Robertson and Dingell-Johnson acts. Nothing in this article alters or affects the state's assent to the federal acts described in sections 33-1-117 and 33-1-118, which assent prohibits diversion of license fees paid by hunters and sport fishermen to purposes other than administration of the fish and wildlife agency.

C.R.S. § 33-9-108 Transfer of functions - employees - property - records - rules - contracts - lawsuits - statutory references

33-9-108. Transfer of functions - employees - property - records - rules - contracts - lawsuits - statutory references. (1) (a) The commission shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested previously in the former wildlife commission or the former board of parks and outdoor recreation. (b) (I) The division shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested previously in the division of wildlife or the division of parks and outdoor recreation. (II) The director shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested previously in the director of the division of wildlife or the director of the division of parks and outdoor recreation. (2) (a) All positions of employment in the wildlife commission and the board of parks and outdoor recreation concerning the powers, duties, and functions transferred to the parks and wildlife commission pursuant to this article and determined to be necessary to carry out the purposes of this title by the parks and wildlife commission are transferred to the commission and are employment positions therein. All such employees are employees of the commission for purposes of section 24-50-124, C.R.S., and retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services shall be deemed continuous. (b) All positions of employment in the division of wildlife and the division of parks and outdoor recreation concerning the powers, duties, and functions transferred to the division of parks and wildlife pursuant to this article and determined to be necessary to carry out the purposes of this title by the director are transferred to the division and are employment positions therein. All such employees are employees of the division for purposes of section 24-50-124, C.R.S., and retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services shall be deemed continuous. (3) (a) All items of property, real and personal, including office furniture and fixtures, books, documents, and records of the wildlife commission or the board of parks and outdoor recreation are transferred to the parks and wildlife commission and become the property thereof. (b) All items of property, real and personal, including office furniture and fixtures, books, documents, and records of the division of wildlife or the division of parks and outdoor recreation are transferred to the division of parks and wildlife and become the property thereof. (c) All personal and real property acquired in whole or in part with license fees or federal grant funds is subject to accountability and control by the division to assure that the property serves the purpose for which it was originally acquired throughout its useful life. (4) (a) Whenever the wildlife commission or the board of parks and outdoor recreation is referred to or designated by any contract or other document, the reference or designation applies to the parks and wildlife commission. All contracts entered into by the wildlife commission or the board of parks and outdoor recreation prior to June 30, 2011, are hereby validated, with the commission succeeding to all rights and obligations under such contracts. Any cash funds, custodial funds, trusts, grants, and any appropriations of funds from prior fiscal years available to satisfy obligations incurred under such contracts shall be transferred and appropriated to the commission for the payment of such obligations. recreation prior to June 30, 2011, are hereby validated, with the commission succeeding to all rights and obligations under such contracts. Any cash funds, custodial funds, trusts, grants, and any appropriations of funds from prior fiscal years available to satisfy obligations incurred under such contracts shall be transferred and appropriated to the commission for the payment of such obligations. (b) Whenever the division of wildlife or the division of parks and outdoor recreation is referred to or designated by any contract or other document, the reference or designation applies to the division of parks and wildlife. All contracts entered into by the former divisions prior to June 30, 2011, are hereby validated, with the division succeeding to all rights and obligations under such contracts. Any cash funds, custodial funds, trusts, grants, and any appropriations of funds from prior fiscal years available to satisfy obligations incurred under such contracts are transferred and appropriated to the division for the payment of such obligations. (5) (a) Unless otherwise specified: (I) Whenever any law refers to the wildlife commission, the board of parks and outdoor recreation, or the parks and wildlife board, that law shall be construed as referring to the parks and wildlife commission; and (II) Whenever any law refers to the division of wildlife or the division of parks and outdoor recreation, that law shall be construed as referring to the division of parks and wildlife. (b) The revisor of statutes is hereby authorized to change all references in the Colorado Revised Statutes to the wildlife commission, the board of parks and outdoor recreation, or the parks and wildlife board from such references to the parks and wildlife commission, as appropriate. The revisor of statutes is also authorized to change all references in the Colorado Revised Statutes to the division of wildlife or the division of parks and outdoor recreation from such references to the division of parks and wildlife, as appropriate. In connection with this authority, the revisor of statutes is hereby authorized to amend or delete provisions of the Colorado Revised Statutes so as to make the statutes consistent with the powers, duties, and functions transferred pursuant to this article. (6) All rules and orders of the wildlife commission or the board of parks and outdoor recreation continue to be effective and shall be enforced by the commission until superseded, revised, amended, repealed, or nullified pursuant to law. The commission shall adopt any rules necessary for the administration of the division and as otherwise authorized by this title. (7) All commissioned peace officers of the division of parks and wildlife have all the powers, duties, functions, special protections, and responsibilities that such officers exercised or enjoyed under the division of wildlife or the division of parks and outdoor recreation. (8) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the wildlife commission, the board of parks and outdoor recreation, the parks and wildlife board, the division of wildlife, or the division of parks and outdoor recreation, or any officer thereof in such officer's official capacity or in relation to the discharge of the official's duties, is abated by reason of the transfer of duties and functions to the parks and wildlife commission or the division under this article.

C.R.S. § 33-9-109 Funds - appropriations to former divisions in 2011 general appropriations act

33-9-109. Funds - appropriations to former divisions in 2011 general appropriations act. (1) Nothing in this article alters or affects funds previously administered by the former wildlife commission or the former board of parks and outdoor recreation; except that the parks and wildlife commission shall administer such funds. (2) The commission shall adopt policies, procedures, or accounting methods to ensure transparency and prevent the unauthorized commingling or impermissible use of moneys in distinct funds, to ensure that moneys are expended consistent with the purposes for which they are received, collected, or appropriated, and to ensure that appropriate records are maintained for audit purposes. (3) (a) The commission shall segregate all moneys received pursuant to section 3 (1)(b)(II) of article XXVII of the state constitution from all other moneys and shall spend these moneys solely for development and improvement of new and existing state parks, recreation areas, and recreational trails. (b) The commission shall segregate all moneys received pursuant to section 5 (1)(a)(I) of article XXVII of the state constitution and spend these moneys solely for investments in the wildlife resources of Colorado, including the protection and restoration of crucial wildlife habitats, appropriate programs for maintaining Colorado's diverse wildlife heritage, wildlife watching, and educational programs about wildlife and wildlife environment, consistent with the purposes set forth under section 1 (1)(a) of article XXVII. (c) The commission shall segregate all moneys received pursuant to section 5 (1)(a)(II) of article XXVII of the state constitution and spend these moneys solely for investments in the outdoor recreation resources of Colorado, including the state parks system, trails, public information and environmental education resources, and water for recreational facilities, consistent with the purposes set forth under section 1 (1)(a) of article XXVII. (4) Repealed.

C.R.S. § 33-9-110 Black bears - methods to address bear-human conflicts - study - report - repeal

33-9-110. Black bears - methods to address bear-human conflicts - study - report - repeal. (Repealed)

C.R.S. § 33-9-111 Disclosure of knowing misrepresentation by a peace officer required - disclosure waivers - reports - definitions

33-9-111. Disclosure of knowing misrepresentation by a peace officer required - disclosure waivers - reports - definitions. (1) Subject to the limitations of this section, if the division employs, employed, or deputized on or after January 1, 2010, a peace officer who applies for employment with another Colorado law enforcement agency, the division shall disclose to the hiring agency information, if available, indicating whether the peace officer's employment history included any instances in which the peace officer had a sustained violation for making a knowing misrepresentation: (a) In any testimony or affidavit relating to the arrest or prosecution of a person or to a civil case pertaining to the peace officer or to the peace officer's employment history; or (b) During the course of any internal investigation by a law enforcement agency, which investigation is related to the peace officer's alleged criminal conduct; official misconduct, as described in section 18-8-404 or 18-8-405, C.R.S.; or use of excessive force, regardless of whether the alleged criminal conduct, official misconduct, or use of excessive force occurred while the peace officer was on duty, off duty, or acting pursuant to a service contract to which the division is a party. (2) The disclosure described in subsection (1) of this section is required only upon the presentation of a written waiver to the division, which waiver explicitly authorizes the division to disclose the information described in said subsection (1), has been signed by the applicant peace officer, and identifies the Colorado law enforcement agency that is considering the applicant peace officer for employment. If the division receives such a waiver, the division shall provide the disclosure to the Colorado law enforcement agency that is considering the applicant peace officer for employment not more than seven days after such receipt. (3) The division is not required to provide the disclosure described in subsection (1) of this section if the division is prohibited from providing such disclosure pursuant to a binding nondisclosure agreement to which the division is a party, which agreement was executed before August 5, 2015. (4) (a) The division shall notify the local district attorney whenever the division determines there is a sustained finding that any peace officer of the division has made a knowing misrepresentation: (I) In any testimony or affidavit relating to the arrest or prosecution of a person or to a civil case pertaining to the peace officer or to the peace officer's employment history; or (II) During the course of any internal investigation by a law enforcement agency, which investigation is related to the peace officer's alleged criminal conduct; official misconduct, as described in section 18-8-404 or 18-8-405, C.R.S.; or use of excessive force, regardless of whether the alleged criminal conduct, official misconduct, or use of excessive force occurred while the peace officer was on duty, off duty, or acting pursuant to a service contract to which the division is a party. (b) The division shall provide the notice described in paragraph (a) of this subsection (4) not more than seven days after the division determines there is a sustained finding that a peace officer of the division has made a knowing misrepresentation, as described in said paragraph (a). (5) The division is not liable for complying with the provisions of this section. (6) As used in this section, unless the context requires otherwise, "state or local law enforcement agency" means: (a) The Colorado state patrol created pursuant to section 24-33.5-201, C.R.S.; (b) The Colorado bureau of investigation created pursuant to section 24-33.5-401, C.R.S.; (c) A county sheriff's office; (d) A municipal police department; (e) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124, C.R.S.; or (f) A town marshal's office.

C.R.S. § 33-9-112 Peace officer hiring - required use of waiver - definitions

33-9-112. Peace officer hiring - required use of waiver - definitions. (1) The division shall require each candidate that it interviews for a peace officer position who has been employed by another law enforcement agency or governmental agency to execute a written waiver that explicitly authorizes each law enforcement agency or governmental agency that has employed the candidate to disclose the applicant's files, including internal affairs files, to the division and releases the division and each law enforcement agency or governmental agency that employed the candidate from any liability related to the use and disclosure of the files. A law enforcement agency or governmental agency may disclose the applicant's files by either providing copies or allowing the division to review the files at the law enforcement agency's office or governmental agency's office. A candidate who refuses to execute the waiver shall not be considered for employment by the division. The division shall, at least twenty-one days prior to making the hiring decision, submit the waiver to each law enforcement agency or governmental agency that has employed the candidate. A state or local law enforcement agency or governmental agency that receives such a waiver shall provide the disclosure to the division not more than twenty-one days after such receipt. (2) A state or local law enforcement agency is not required to provide the disclosures described in subsection (1) of this section if the agency is prohibited from providing the disclosure pursuant to a binding nondisclosure agreement to which the agency is a party, which agreement was executed before June 10, 2016. (3) A state or local law enforcement agency or governmental agency is not liable for complying with the provisions of this section or participating in an official oral interview with an investigator regarding the candidate. (4) As used in this section, unless the context otherwise requires: (a) "Files" means all performance reviews, any other files related to job performance, administrative files, grievances, previous personnel applications, personnel-related claims, disciplinary actions, and all complaints, early warnings, and commendations, but does not include nonperformance or conduct-related data, including medical files, schedules, pay and benefit information, or similar administrative data or information. (b) "State or local law enforcement agency" means: (I) The Colorado state patrol created pursuant to section 24-33.5-201, C.R.S.; (II) The Colorado bureau of investigation created pursuant to section 24-33.5-401, C.R.S.; (III) A county sheriff's office; (IV) A municipal police department; (V) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124, C.R.S.; or (VI) A town marshal's office.

C.R.S. § 33-9-113 Parks and wildlife commission duties - gifts, grants, and donations for Fishers Peak state park - funding needs reporting - repeal

33-9-113. Parks and wildlife commission duties - gifts, grants, and donations for Fishers Peak state park - funding needs reporting - repeal. (Repealed)

C.R.S. § 33-9-114 Chatfield state park - water quality fee - Chatfield watershed authority - process for requesting a water quality fee - definitions - rules

33-9-114. Chatfield state park - water quality fee - Chatfield watershed authority - process for requesting a water quality fee - definitions - rules. (1) As used in this section, unless the context otherwise requires: (a) "Chatfield watershed authority" means the Chatfield watershed authority established by an intergovernmental agreement executed pursuant to sections 29-1-203 and 29-1-204.2 and including the following members: (I) Jefferson county; (II) Douglas county; (III) The city of Littleton; (IV) The town of Castle Rock; (V) The town of Larkspur; (VI) Castle Pines metropolitan district; (VII) Centennial water and sanitation district; (VIII) Dominion water and sanitation district; (IX) Louviers water and sanitation district; (X) Perry Park water and sanitation district; (XI) Roxborough water and sanitation district; (XII) The city and county of Denver, acting by and through its board of water commissioners; and (XIII) The Plum Creek water reclamation authority. (b) "Fund" means the parks and outdoor recreation cash fund created in section 33-10-111 (1). (c) "Water quality fee" means a water quality fee established by rules promulgated by the commission pursuant to subsection (2) of this section. (2) (a) On or before July 1, 2024, the commission shall promulgate rules establishing: (I) A process by which the Chatfield watershed authority may request that the commission create by rule a water quality fee to be collected by the division from visitors to Chatfield state park; (II) Criteria for approving a request for a water quality fee; and (III) Criteria for determining which visitors to Chatfield state park should be required to pay a water quality fee; except that in promulgating such rules, the commission shall ensure that the division shall not collect a water quality fee from a visitor who holds an annual or lifetime pass to visit state parks. (b) In promulgating rules pursuant to subsection (2)(a) of this section, the commission shall ensure that the amount of a water quality fee: (I) Is rounded to the nearest dollar; and (II) Does not exceed two dollars, except as described in subsection (4)(c) of this section. (c) On and after July 1, 2024, the commission may create a water quality fee pursuant to rules promulgated pursuant to this subsection (2). (3) The commission shall not unreasonably deny a request by the Chatfield watershed authority to create a water quality fee as described in subsection (2) of this section. (4) If the commission establishes a water quality fee pursuant to rules promulgated pursuant to subsection (2) of this section, the commission: (a) Shall require the Chatfield watershed authority to expend up to twenty-five percent, as determined by the commission, of the money received from the division pursuant to subsection (5)(a) of this section on water quality projects within the boundaries of Chatfield state park; (b) May include additional requirements and restrictions concerning the expenditure by the Chatfield watershed authority of money received from the division pursuant to subsection (5)(a) of this section on water quality projects inside the boundaries of Chatfield state park; and (c) Shall review the water quality fee on January 1, 2030, and on each January 1 every five years thereafter. After each such review, the commission may either: (I) Eliminate the water quality fee if the commission determines that the water quality fee is no longer necessary; or (II) Adjust the amount of the water quality fee to account for inflation or deflation. In calculating inflation or deflation, the commission shall use the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index. (5) If the commission establishes a water quality fee pursuant to rules promulgated pursuant to subsection (2) of this section: In calculating inflation or deflation, the commission shall use the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index. (5) If the commission establishes a water quality fee pursuant to rules promulgated pursuant to subsection (2) of this section: (a) The division shall collect the water quality fee on and after January 1, 2025, in the manner prescribed by rules of the commission. Except as described in subsection (5)(c) of this section, the division shall transfer the total amount of money collected as water quality fees to the state treasurer, who shall credit the money to the fund. Money in the fund that was collected as water quality fees is continuously appropriated to the department for allocation to the division for purposes described in this section. (b) Beginning July 1, 2025, and each six months thereafter, except as described in subsection (5)(c) of this section, the division shall pay to the Chatfield watershed authority the total amount of money collected as water quality fees during the preceding six months. The money shall be paid from the fund. (c) The division shall annually perform an analysis to determine the net incremental costs incurred by the division in collecting and administering the water quality fee. The division may retain a portion of the amount of money collected as water quality fees to pay such costs; except that the division shall not retain more than three and one-third percent of such money. (6) The Chatfield watershed authority shall expend the money received from the division pursuant to subsection (5)(b) of this section to support water quality projects, including projects that provide for the construction, operation, and maintenance of nonpoint source projects, water quality monitoring, and urban runoff and erosion management and control.

C.R.S. § 33-9-201 Legislative declaration

33-9-201. Legislative declaration. (1) The general assembly finds that: (a) The purpose of the outdoor equity grant program is to increase access and opportunity for underserved youth and their families to experience Colorado's open spaces, state parks, public lands, and other outdoor areas through programs with a focus on conservation, the environment, outdoor education, or outdoor recreation; (b) Colorado is a state of dynamic growth, change, and progress. It is internationally renowned for its beauty and vast scope of year-round outdoor activities, natural landscapes, and mountain adventures. (c) Paradoxically, despite the plethora of outdoor opportunities, certain demographics of Colorado youth and their families face real challenges and obstacles to accessing nature; (d) A clear lack of equity exists for low-income, inner-city, rural, or racially and ethnically diverse youth, for youth who are lesbian, gay, bisexual, transgender, or queer or questioning, for Native American or indigenous youth, and for youth with disabilities to engage in meaningful outdoor experiences and nature-based education; (e) Historic and chronic systemic inequities have made access to nature more challenging for these youth; (f) Research confirms that time spent outside is essential to health and well-being; it improves physical and mental health, reduces stress, and enhances social skills; and (g) More time spent in nature for dispossessed youth can translate to better academic performance, increased enthusiasm for school and school activities, and a lessened likelihood for attendance problems. (2) The general assembly further finds and declares that it is necessary to establish an outdoor equity grant program to fund programs and meaningful experiences led by community members and leaders who understand the unique needs and perspectives of underserved youth and their communities in order to ensure long-term and sustainable investments for new generations of outdoor enthusiasts and conservationists.

C.R.S. § 33-9-202 Definitions

33-9-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Applicant" means a governmental entity, a nonprofit organization, a for-profit organization, or a federally recognized tribe that is located in the state. (2) "Colorado outdoors" means Colorado's open spaces, state parks, public lands, and other outdoor recreation areas. (3) "Department" means the department of natural resources. (4) "Director" means the director of the division of parks and wildlife. (5) "Division" means the division of parks and wildlife, created in section 33-9-104. (6) "Eligible youth" means a person who resides in Colorado and who is eligible for admission to public school in the state or who is no longer eligible for admission to public school in the state but is not yet twenty-six years old, and includes the person's family. (7) "Executive director" means the executive director of the department of natural resources. (8) "Low income" means median household income that is less than or equal to two hundred percent of the federal poverty line. (9) "Outdoor equity board" or "board" means the outdoor equity board created in section 33-9-203. (10) "Outdoor equity fund" or "fund" means the outdoor equity fund created in section 33-9-206. (11) "Outdoor equity grant program" or "grant program" means the outdoor equity grant program created in section 33-9-205.

C.R.S. § 33-9-203 Outdoor equity board - creation - terms - per diem and expense reimbursement

33-9-203. Outdoor equity board - creation - terms - per diem and expense reimbursement. (1) There is hereby created the outdoor equity board in the division of parks and wildlife. The board is responsible for the governance of the outdoor equity grant program. (2) The board consists of the following nine voting members as follows: (a) One member personally impacted by and with experience in racial justice issues; (b) One member personally impacted by and with experience in environmental justice issues; (c) One member with experience working on conservation issues; (d) One member with experience in providing outdoor education programs; (e) One member personally impacted by and with experience in disability-accessible outdoor programming; (f) One member personally impacted by and with experience in equity for individuals who are lesbian, gay, bisexual, transgender, or queer or questioning; and (g) Three youth members from communities eligible to be served by the grant program at the time of their appointment. (3) The board consists of the following three nonvoting members as follows: (a) The director of the Colorado outdoor recreation industry office, created in section 24-48.5-129, or their appointee; (b) The director of the division of parks and wildlife, or their appointee; and (c) The executive director of the great outdoors Colorado program, or their appointee. (4) (a) The director shall appoint the voting members of the board in consultation with the executive director. (b) The director shall accept nominations for board members through an open and public process established by the division that engages nonprofit and public organizations that have a focus on racial equity, environmental justice, conservation and stewardship, youth activity and engagement, education, disability advocacy and accessibility, advocacy and accessibility for individuals who are lesbian, gay, bisexual, transgender, or queer or questioning, advocacy for Native American or indigenous people, and other relevant areas of focus, and that: (I) Work to ensure that youth and their families have access, representation, meaningful participation, and quality experiences in the outdoors; (II) Promote culturally responsive programs, policies, protocols, and staffing in the outdoors; and (III) Raise awareness of and seek to address the root causes of the environmental disparities facing underserved communities. (5) To the extent possible, the director shall attempt to appoint voting members of the board: (a) Who have experience providing educational experiences to underserved youth; and (b) Who reflect the diversity of the state with regard to race, ethnicity, gender, immigration status, income, wealth, ability, and geography. (6) The director shall make initial appointments to the board by October 15, 2021. (7) (a) Except as provided in subsections (7)(b) and (7)(c) of this section, the term of office of the members of the board appointed by the director is four years. (b) In order to ensure staggered terms of office, the initial term of office of the members of the board is: (I) Two years for the members appointed pursuant to subsections (2)(a), (2)(b), and (2)(c) of this section; and (II) Four years for the members appointed pursuant to subsections (2)(d), (2)(e), and (2)(f) of this section. (c) The term of office for two of the youth members of the board is two years and the term of office for one of the youth members of the board is one year, as established by the director. (d) Board members may serve no more than two terms. (2)(a), (2)(b), and (2)(c) of this section; and (II) Four years for the members appointed pursuant to subsections (2)(d), (2)(e), and (2)(f) of this section. (c) The term of office for two of the youth members of the board is two years and the term of office for one of the youth members of the board is one year, as established by the director. (d) Board members may serve no more than two terms. (e) A member who is appointed to fill a vacancy shall serve the remainder of the unexpired term of the member whose vacancy is being filled; the remainder counts as one term for that appointee. (8) (a) Voting members of the board receive a per diem of two hundred dollars for attendance at regularly scheduled meetings of the board during the 2021-22 state fiscal year, and two hundred dollars as annually adjusted for inflation based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index, during the 2022-23 state fiscal year and each state fiscal year thereafter. Voting members of the board are also reimbursed for actual and necessary expenses incurred while performing official duties, together with mileage at the rate at which members of the general assembly are reimbursed pursuant to section 2-2-317. (b) Nonvoting members may not receive per diem, but may be reimbursed for actual and necessary expenses incurred while performing official duties, together with mileage at the rate at which members of the general assembly are reimbursed pursuant to section 2-2-317.

C.R.S. § 33-9-204 Outdoor equity board - duties

33-9-204. Outdoor equity board - duties. (1) The board shall meet as often as necessary to carry out the following duties and responsibilities: (a) To create an outdoor equity website; (b) To administer the grant program and, subject to available appropriations, award grants as provided in section 33-9-205; (c) To establish any policies as are necessary or expedient for the conduct of its affairs and its meetings and to post those policies on its website, including: (I) A conflict of interest policy for its members in order to prevent those who serve on the board from benefitting from the grant program; (II) Policies related to time frames for applying for grants and for the distribution of grant money under section 33-9-205; and (III) Policies related to the form of the grant program application, so as to ensure that the applications are concise, straightforward, objective, inclusive, and accessible to all interested parties; (d) To establish meaningful quantitative and qualitative grant reporting requirements that allow the grantees to highlight who they are serving and how they are serving them, including reports on the ethnic and racial makeup of the participants of programs funded, the ages and localities of program participants, the types of programming funded, and other relevant criteria that the board sees fit; (e) To compile an annual report that details information about the programs that are awarded grants, including: The ethnic and racial makeup of the participants, the ages and localities of participants, the types of programs, and other relevant information that the board sees fit; and (f) (I) To present the report described in subsection (1)(e) of this section to the department and the parks and wildlife commission and to make the report publicly accessible, including posting the report on the board's website. (II) In January 2023, and each January thereafter, the department shall report on the grant program, including a summary of the report described in subsection (1)(e) of this section, as part of the department's presentation to its committee 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". (2) The board is subject to all the applicable requirements of the "Colorado Open Records Act", part 2 of article 72 of title 24, and the open meetings law contained in part 4 of article 6 of title 24.

C.R.S. § 33-9-205 Outdoor equity grant program - creation

33-9-205. Outdoor equity grant program - creation. (1) The board shall implement the grant program in accordance with this section and the policies it establishes under section 33-9-204 (1)(c). (2) To receive a grant, an applicant must submit an application to the board. (3) The board shall review each application it receives and may award grants to applicants that will directly utilize the grant to engage racially or ethnically diverse eligible youth who are from low-income families, engage eligible youth who are lesbian, gay, bisexual, transgender, or queer or questioning, engage Native American or indigenous youth, or engage eligible youth with disabilities in such a way so as to build sustainability and capacity for such historically underserved communities, and so as to: (a) Reduce barriers to the Colorado outdoors; (b) Create pathways for formal or informal conservation of the Colorado outdoors; or (c) Offer environmental and Colorado outdoor-based educational opportunities. (4) Subject to available appropriations, grants shall be paid out of the outdoor equity fund created in section 33-9-206.

C.R.S. § 33-9-206 Outdoor equity fund

33-9-206. Outdoor equity fund. (1) (a) The outdoor equity fund is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to section 44-40-111 (12). All interest and income derived from the deposit and investment of money in the outdoor equity fund must be credited to the fund and may not be transferred to the general fund or any other fund at the end of any fiscal year. Any unexpended and unencumbered money remaining in the outdoor equity fund at the end of a fiscal year stays in the fund. (b) The money credited to the outdoor equity fund pursuant to subsection (1)(a) of this section 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. (2) Subject to annual appropriation by the general assembly, the division may expend money from the outdoor equity fund to implement the outdoor equity grant program. The department may use money in the outdoor equity fund to pay the direct and indirect costs that the department incurs to administer this part 2, assist the outdoor equity board, and pay the per diem and expenses of the outdoor equity board members. (3) The outdoor equity board may seek, accept, and expend gifts, grants, donations, loans of money, or aid in any form from the federal government, any state agency, any local government, or from private sources, or any combination thereof, for the purposes of this part 2, and any such money must be credited to the gifts, grants, and donations account created in the fund. The money in the gifts, grants, and donations account is continuously appropriated to the division to implement the outdoor equity grant program. (4) Repealed.
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