2 Colo. Code Regs. § 406-17-1700

Current through Register Vol. 48, No. 1, January 10, 2025

Section 2 CCR 406-17-1700 - DEFINITIONS FOR ARTICLES IXI

A."Aftermath" means the usable livestock forage left from an alfalfa crop after the last annual harvesting or after the first killing fall frost. The "first killing frost" is the time the temperature drops below 25°F after September 1 each year. This date/temperature shall be determined by negotiation with the claimant based upon weather station data for the local area.

B."Alfalfa" means land on which alfalfa has been seeded and has become established to the extent that fifty (50) percent or more of the useable livestock forage is alfalfa.

C."Artificially seeded rangelands" means land on which grasses or legumes have been seeded, and have become established to the extent that 50 percent or more of the useable livestock forage production is from the seeded species and whose primary use is grazing by livestock.

D."Big game being moved or under direct control of Division personnel" includes, but is not limited to the following:

1. If they are being driven or through-herded.

2. If they are intentionally moved as a result of actions of Division personnel.

E."Claimant" means a person who has filed a big game damage claim with the Division and in the case of commercial orchards, shall be the legal owner of said orchard.

F."Commercial Market Garden" means a tract of land not less than one acre in size farmed by an individual or entity for the production of agricultural products, including, but not limited to, fruits, vegetables, or flowers, for commercial sale; provided further the person or entity can demonstrate the commercial nature of the operation through possession of an established commercial sales location, or by producing associated documents, which may include a valid business license, a defined business plan, commercial sales receipts, income tax forms, or contractual sales agreement(s).

G."Crops under cultivation" means all products of the soil that are planted, managed, grown, severed and saved by manual labor and/or mechanical means on an annual basis, including grasses and legumes maturing for harvest, small grains, row crops and vegetables, but not grasses or other forage on lands used primarily for pasturage, windbreaks, gardens (except commercial market gardens) or ornamental trees and shrubs.

H."Damage" means any change in the quality or quantity of any property which reduces its value. Damage shall include all costs necessary to restore property to its condition immediately prior to damage, to replace it with property of equal value or to compensate for restoration or replacement.

I."Damage to fences" means any damage in excess of ten (10) percent of the value of any specific fence just prior to damage. A "specific fence" means that portion of any fence between corner posts; in a situation where corner posts are greater than one-quarter (1/4) mile apart, "specific fence" shall mean a one-quarter (1/4) mile section of fence.

J."Damage prevention materials damaged or destroyed by wildlife" means materials which have been damaged by big game to the extent that such materials have been rendered unusable for the purpose intended.

K."Division"means the Division of Colorado Parks and Wildlife.

L."Grazing land" means land used primarily for production of native forage plants for livestock grazing as differentiated from lands where a crop is harvested.

M."Grazing land which is deferred for seasonal use" means grazing land that is designated for a postponement of grazing by livestock for a specific season(s) with the purpose of reserving forage available for grazing by livestock during a later season.

N."Harvested crops" means any crops that have been reaped, severed, gathered and appropriately saved, stored for subsequent use. Saving or storage will not be considered as appropriate unless done by a method representing accepted agriculture practices.

O."Hay meadows" means land that is used primarily for production of hay but may also be used for grazing by livestock prior to and following cutting for hay. Production is from a long term stand of grasses or legumes and is irrigated or is classified by the Soil Conservation Service as wet meadow, salt meadow, sandy meadow or mountain meadow range sites.

P."Historic levels"means the average number of a species of big game that occurred on the property in question during the 20-year period of January 1, 1953 through December 31, 1972.

Q."Normal life" means the period of time that panels and permanent fencing reasonably can be maintained by the person to whom they were issued specifically:

1. Panels are presumed to have a normal life of 5 years or as agreed upon by the property owner and the Division through written agreement when constructed according to Division specifications.

2. Permanent fencing materials are presumed to have a normal life of 20-30 years or as agreed upon by the property owner and the Division through written agreement when constructed according to Division specifications.

R."Nurseries" means a group of trees and/or shrubs propagated for sale, transplant, or for use as stock for budding and grafting for commercial purposes.

S."Orchard"means a planting of fruit trees cultivated for commercial purposes. Such orchards may be subdivided for game damage claim purposes into one of the following groups:

1. Commercial producing orchard shall be defined as a planting of fruit trees that for 1 of the last 3 years has produced fruit for sale in amounts of no less than one thousand (1,000) 40-lb.-boxes of apples or pears; or no less than two hundred and fifty (250) 40-lb. boxes of peaches or other stone fruit; or one ton (2,000 lbs.) of cherries or any combination of the above so long as the size of the orchard exceeds one acre.

2. "Commercial non-producing orchards" shall be defined as an orchard planting of no less than one (1) acre of non-producing fruit trees planted at no less than one hundred (100) trees per acre for all species except that sweet cherry trees shall be planted at no less than sixty (60) trees per acre.

U."Pasture meadows" means land is used primarily for the production of grasses or legumes grazed by livestock and is irrigated or is classified by the Soil Conservation Service as wet meadow, salt meadow, sandy meadow or mountain meadow range sites.

V."Personal property" means everything that is subject to ownership, other than real estate. Personal property includes moveable and tangible things, such as animals, furniture, merchandise.

W."Real property" means land and generally whatever is erected or growing upon or affixed to land.

X."Season" for hunting means any period of time established by the Wildlife Commission for the taking of big game. When investigating a big game damage claim, the Division shall consider all big game hunting seasons established during the 12-month period immediately preceding the date when the first notice of loss was made.

2 CCR 406-17-1700

40 CR 23, December 10, 2017, effective 1/1/2018

42 CR 23, December 10, 2019, effective 1/1/2020

46 CR 11, June 10, 2023, effective 7/1/2023