§ 33-3-103.5 — Game damage prevention materials - definitions

Colorado § 33-3-103.5

• Jurisdiction: Colorado
• Title 33: Parks and
• Art.: Damage by Wildlife

Text

(1) This
section shall be applicable in determining the liability of the state under paragraph
(e) of subsection (3) of this section and section 33-3-103 (1)(d) and (1)(e).

(2) (a) (I) Every landowner shall be eligible to receive sufficient and
appropriate temporary game damage prevention materials pursuant to this section.

(II) Permanent game damage prevention materials shall be available only to
a landowner who does not unreasonably restrict hunting of species likely to cause
damage on land under the landowner's control or restrict the hunting of species
likely to cause damage on any other lands by restricting access across lands under
the landowner's control, and:

(A) Who charges not more than five hundred dollars per person, per season,
for big game hunting access on or across the landowner's property; or

(B) Who charges a fee in excess of five hundred dollars per person, per
season, for big game hunting access on or across the landowner's property, if the
landowner has requested and been denied game damage prevention materials from
the habitat partnership program created in section 33-1-110 (8) and the division
determines that excessive game damage is occurring, and may continue to occur in
the future.

(III) The division shall not deny a landowner game damage claims or game
damage prevention materials on the grounds that the landowner received a voucher
pursuant to the wildlife conservation landowner hunting preference program for
wildlife habitat improvement under section 33-4-103.

(IV) As used in this section:

(A) Temporary game damage prevention materials means materials of an
adequate substance that are utilized to protect private property for a period of time
agreed upon by the landowner and the division. Such materials may include, but are
not limited to, transferable panels or pyrotechnics.

(B) Permanent game damage prevention materials means materials of an
adequate substance that are erected in such a way to protect private property for
the expected normal life of the materials. The normal life of the materials shall be
as specified in a written agreement between the landowner and the division.

(b) The division has the responsibility to supply useable, sufficient, and
appropriate game damage prevention materials to a requesting landowner, and the
landowner shall keep such materials in good repair throughout their normal life, if
such materials have not been destroyed or damaged by wildlife.

(3) (a) The division shall respond to a landowner making an inquiry related to
game damage within two business days after receiving the inquiry.

(b) (I) Within five business days after receiving a request for game damage
prevention materials, the division shall consult with the landowner to discuss the
sufficient and appropriate materials to prevent or mitigate the game damage.
Temporary game damage prevention materials shall be delivered to the landowner
within fifteen business days after the consultation, unless otherwise agreed to by
the division and the landowner.

(II) For a landowner eligible to receive permanent game damage prevention
materials pursuant to subparagraph (II) of paragraph (a) of subsection (2) of this
section, such materials shall be provided within forty-five days after the date that
the landowner makes the initial request for the materials.

(c) The division shall deliver game damage prevention materials to the
specific site as directed by the landowner, if such delivery may be made by truck.

(d) When agreed upon by the landowner, the division may construct
permanent stackyards or orchard fencing in those areas of high wildlife damage
potential within the limitations of appropriation by the general assembly for that
purpose.

(e) (I) If the division does not provide game damage prevention materials
within the amount of time established by paragraph (b) of this subsection (3), the
division shall have the sole responsibility to supply and erect the damage
prevention materials, and the state shall be liable for game damages incurred on
and after the date by which the division should have provided the game damage
prevention materials.

(II) When erecting game damage prevention materials pursuant to
subparagraph (I) of this paragraph (e), the division may use division employees,
individuals under contract to the division, or voluntary workers. If the division uses
voluntary workers to assist in erecting game damage prevention materials, the
division shall keep in force workers' compensation insurance as necessary to
protect the landowner from liability resulting from injuries or death of said
voluntary workers while engaged in the erection of such game damage prevention
materials. If the division uses contract workers to assist in erecting game damage
prevention materials as provided in this section, the division shall require the
contractor to provide evidence of workers' compensation insurance as necessary to
protect the landowner from liability resulting from injuries or death of said contract
workers while engaged in the erection of such game damage prevention materials.

(4) If the game damage prevention materials that the division provides to a
landowner fail to prevent game damage due to insufficiency or inappropriateness
of such materials, or if the division's insufficient or inappropriate erection of such
materials fail to prevent game damage, the state shall be liable for damages
caused by such materials or erection.

Legislative History

Source: L. 2009: Entire section added, (SB 09-024), ch. 323, p. 1724, � 2, effective June 1. L. 2013: (2)(a)(III) amended, (SB 13-188), ch. 244, p. 1182, � 2, effective August 7.