(1)It is
the duty of each state board, department, or agency that administers or supervises
state lands to manage noxious weeds on any lands under its jurisdiction using the
methods prescribed by the local governing body in whose jurisdiction such state
lands are located. The local governing body may give notice to any such state
board, department, or agency advising of the presence of noxious weeds and
naming them. Such notice shall specify the best available methods of integrated
management that are not in conflict with federal law or contractual restrictions
included in federal land conveyances to the state. Wherever possible, the local
governing body shall consult with the affected state board, department, or agency
in the development of a plan for the management of noxious
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(1) It is
the duty of each state board, department, or agency that administers or supervises
state lands to manage noxious weeds on any lands under its jurisdiction using the
methods prescribed by the local governing body in whose jurisdiction such state
lands are located. The local governing body may give notice to any such state
board, department, or agency advising of the presence of noxious weeds and
naming them. Such notice shall specify the best available methods of integrated
management that are not in conflict with federal law or contractual restrictions
included in federal land conveyances to the state. Wherever possible, the local
governing body shall consult with the affected state board, department, or agency
in the development of a plan for the management of noxious weeds on the premises
or lands.
(2) (a) Within a reasonable time after receipt of notification, which at no time
shall exceed ten days, the state board, department, or agency shall do one of the
following:
(I) Comply with the terms of the notification;
(II) Acknowledge the terms of the notification and submit an acceptable plan
and schedule for the completion of the plan for compliance;
(III) Request an arbitration panel to determine the final management plan.
(b) The arbitration panel selected by the local governing body shall be
comprised of a weed management specialist or weed scientist, a landowner of
similar land in the same county, and a third panel member chosen by agreement of
the first two panel members. The state board, department, or agency shall be
entitled to challenge any one member of the panel, and the local governing body
shall name a new panel member from the same category. The decision of the
arbitration panel shall be final.
(3) In the event the state board, department, or agency fails to comply with
the notice to manage the identified noxious weeds or implement the plan developed
by the arbitration panel, the local governing body in whose jurisdiction the
infestation is located may enter upon such lands and undertake the management of
such noxious weeds or cause the same to be done, the expense thereof to be a
proper charge against said state board, department, or agency which has
jurisdiction over the lands. An agreement for payment shall be reached within two
weeks after the date such an expense is submitted, with respect to the amount of
reimbursement to be paid. Such agreement shall be in writing. If no agreement has
been reached and if the charge is not immediately paid, such charge shall be
submitted to the controller, who shall treat such amount as an encumbrance on the
budget of the state board, department, or agency involved, or such charge may be
recovered in any court with jurisdiction over such lands. Any state board,
department, or agency may enter into a contract with the local governing body to
authorize the management of noxious weeds on state-administered land on terms
and conditions satisfactory to both parties.
(4) In addition to the requirements of subsection (3) of this section, the
division shall enter into agreements with local governing bodies for the control of
weeds on any property the division owns in fee title or has effective surface control
over pursuant to a long-term lease or easement agreement. For purposes of this
subsection (4) and subsection (5) of this section, long-term lease or easement
agreement means any lease or easement agreement that exceeds ten years.
Agreements between the division and local governing bodies for weed control shall
describe the terms and conditions of weed control, provide an annual estimated
budget for such weed control, and identify specific weed control responsibilities for
the division and the property owner, if different than the division. Weed control
agreements required pursuant to this subsection (4) shall be executed on or before
July 1, 1997.
(5) Any weed control expense incurred by a local governing body pursuant to
subsection (3) of this section on any lands held by the division in fee title or by long-term lease or easement agreement, as described in subsection (4) of this section,
and for which a weed control agreement as described in subsection (4) of this
section has been signed, and which costs are in accordance with that long-term
agreement, shall be deemed correct and final and shall be paid by the division
pursuant to section 33-1-110 (6.5), C.R.S.