Protection of Fishing Streams

C.R.S. tit. 33, art. 5
in effect

C.R.S. § 33-5-101 Legislative declaration

33-5-101. Legislative declaration. It is declared to be the policy of this state that its fish and wildlife resources, and particularly the fishing waters within the state, are to be protected and preserved from the actions of any state agency to the end that they be available for all time and without change in their natural existing state, except as may be necessary and appropriate after due consideration of all factors involved.

C.R.S. § 33-5-102 Projects affecting streams - submission of plans

33-5-102. Projects affecting streams - submission of plans. No agency of the state, referred to in this article as an "applicant", shall obstruct, damage, diminish, destroy, change, modify, or vary the natural existing shape and form of any stream or its banks or tributaries by any type of construction without first notifying the commission of such planned construction. Such notice shall be on forms furnished by the commission and shall be submitted not less than ninety days prior to the date of the commencement of planned construction. The notice shall include detailed plans and specifications of so much of the project as may or will affect, as set forth in this section, any stream.

C.R.S. § 33-5-103 Examination of plans

33-5-103. Examination of plans. The commission shall promptly examine and investigate all plans submitted to it pursuant to the provisions of section 33-5-102. If the commission determines that the plans and specifications are technically inadequate to accomplish the purposes set forth in section 33-5-101, it shall notify the applicant and may render aid in preparing adequate plans and specifications.

C.R.S. § 33-5-104 Notice by commission

33-5-104. Notice by commission. Within thirty days after the receipt of any plans submitted to it, the commission shall notify the applicant if the planned construction or project will adversely affect the stream involved. If an applicant is notified that the planned construction will adversely affect any stream involved, the commission shall accompany such notice with recommendations or alternative plans which will eliminate or diminish such adverse effect.

C.R.S. § 33-5-105 Arbitration

33-5-105. Arbitration. (1) If the commission notifies an applicant that the construction will adversely affect the stream involved, the applicant, within fifteen days after receiving the recommendations and alternatives of the commission, shall notify the commission if it refuses to modify its plans in accordance with such recommendations or alternatives. (2) Upon receipt of such refusal, the commission shall determine if it desires to have the matter arbitrated. Within ten days after an affirmative decision and after notice to the other agency or agencies involved, the commission shall notify, in writing, the governor. No further action shall be taken to advance the planned construction until the governor issues a written decision within thirty days after receipt of written notice which shall be binding on all parties concerned, and there shall be no judicial review thereof.

C.R.S. § 33-5-106 Vested water rights

33-5-106. Vested water rights. This article shall not operate or be so construed as to impair, diminish, or divest any existing or vested water rights acquired under the laws of this state or the United States, nor shall this article apply in emergency situations.

C.R.S. § 33-5-107 Irrigation projects exempt

33-5-107. Irrigation projects exempt. This article shall not apply to any irrigation project.
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