Colorado § 33-41-102 Definitions

Colorado Statutes

§ 33-41-102 — Definitions

Colorado·Title 33 Parks and·Art. Owners of Recreational Areas - Liability

As used in this article 41, unless the context otherwise requires:

(1)Charge means a consideration paid for entry upon or use of the land or any facilities thereon or adjacent thereto; except that, in a case of land leased to a public entity or in which a public entity has been granted an easement or other rights to use land for recreational purposes, any consideration received by the owner for such lease, easement, or other right shall not be deemed a charge within the meaning of this article nor shall any consideration received by an owner from any federal governmental agency for the purposes of admitting any person constitute such a charge.

(2)Land also means roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment thereon, when attach

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As used in this article 41, unless the context
otherwise requires:

(1) Charge means a consideration paid for entry upon or use of the land or
any facilities thereon or adjacent thereto; except that, in a case of land leased to a
public entity or in which a public entity has been granted an easement or other
rights to use land for recreational purposes, any consideration received by the
owner for such lease, easement, or other right shall not be deemed a charge within
the meaning of this article nor shall any consideration received by an owner from
any federal governmental agency for the purposes of admitting any person
constitute such a charge.

(2) Land also means roads, water, watercourses, private ways, and
buildings, structures, and machinery or equipment thereon, when attached to real
property.

(3) Owner includes:

(a) The possessor of a fee interest;

(b) A tenant, lessee, or occupant;

(c) The possessor of any other interest in land, including a possessor or
holder of a conservation easement, or any person having a right to grant permission
to use the land; or

(d) Any public entity, as defined in the Colorado Governmental Immunity
Act, article 10 of title 24, that has an interest in land.

(4) Person includes any individual, regardless of age, maturity, or
experience, or any corporation, government or governmental subdivision or agency,
business trust, estate, trust, partnership, or association, or any other legal entity.

(4.2) Primary access point means a location at a trailhead or along a trail,
route, area, or roadway upon an owner's land where the owner allows individuals to
legally enter the land for recreational purposes.

(4.5) Public entity means the same as defined in section 24-10-103 (5),
C.R.S.

(5) Recreational purpose means any hobby, diversion, sport, or other
recreational activity undertaken by a person while using the land, including ponds,
lakes, reservoirs, streams, paths, and trails appurtenant to the land. The term
includes but is not limited to hunting, fishing, camping, picnicking, hiking, trail
running, horseback riding, snowshoeing, cross country skiing, backcountry skiing
and snowboarding, bicycling, riding or driving motorized recreational vehicles,
swimming, tubing, paddleboarding, kayaking, rafting, diving, spelunking, sight-seeing, exploring, hang gliding, paragliding, rock climbing, ice climbing, kite flying,
roller skating, bird watching, gold panning, target shooting, ice skating, ice fishing,
and photography.

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Legislative History

Source: L. 69: R&RE, p. 411, � 1. C.R.S. 1963: � 62-4-2. L. 73: p. 661, � 1. L. 83: (3) and (4) amended and (5) R&RE, p. 1302, �� 1, 2, effective March 17. L. 88: (4.5) added, p. 1181, � 1, effective May 29. L. 97: (1) amended, p. 53, � 2, effective March 21. L. 2024: IP(1), (3), and (5) amended and (4.2) added, (SB 24-058), ch. 27, p. 83, � 1, effective August 7.