§ 35-11-102 — Definitions

Colorado § 35-11-102

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Colorado Chemigation Act

Text

As used in this article 11, unless the context
otherwise requires:

(1) Chemical means any fertilizer or pesticide.

(2) Chemigation means any process whereby chemicals are applied to land
or crops in or with water through a closed irrigation system. Chemigation does not
mean any process whereby chemicals are applied to land or crops in or with water
pumped from a stock watering well, a domestic well with a diameter of two inches
or less, or from a tailwater collection pond.

(3) Commissioner means the commissioner of agriculture.

(4) Contamination means the degradation of natural water quality as a
result of human activities.

(5) Department means the department of agriculture.

(6) Fertilizer means any formulation or product used as a plant nutrient
which is intended to promote plant growth and contains one or more plant
nutrients.

(7) Groundwater means any water not visible on the surface of the ground
under natural conditions.

(8) Irrigation system means any device or combination of devices having a
hose, pipe, or other conduit, which connects directly to any source of groundwater
or surface water, through which water or a mixture of water and chemicals is drawn
and applied for agricultural or horticultural purposes. Irrigation system does not
include any hand-held hose sprayer or other similar device which is constructed so
that an interruption in water flow automatically prevents any backflow to the water
source and does not include stock water wells, any domestic well with a diameter
of two inches or less, or a system which includes a tailwater collection pond.

(9) Open discharge system means a system in which the water is pumped
or diverted directly into a ditch or canal in such a manner that the force of gravity at
the point of discharge into the ditch or canal cannot cause water to flow back to the
point from which the water was pumped or diverted.

(10) Person means a natural person, corporation, business trust, estate,
trust, partnership, association, joint venture, or any other legal or commercial entity.

(11) Pesticide means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest, insect, rodent, nematode,
fungus, weed, or other form of plant or animal life or virus, except viruses on or in
living humans or animals, and any substance or mixture of substances intended for
use as a plant regulator, defoliant, or desiccant.

(12) Pollution means the human-made or human-induced alteration of the
physical, chemical, biological, or radiological integrity of water.

Legislative History

Source: L. 87: Entire article RC&RE, p. 1278, � 1, effective July 1. L. 88: (2) and (8) amended, p. 1219, � 1, effective July 1. L. 2025: IP, (4), and (12) amended, (HB 25-1084), ch. 24, p. 106, � 51, effective August 6.