2 Colo. Code Regs. § 406-17-17164

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

Section 2 CCR 406-17-17164 - NOTICE OF LOSS

A. In order for claimants to be eligible to receive state funds for damage caused by gray wolves, claimants must give the Division timely notice of their discovery of such suspected damage on Notice of Loss forms provided by the Division. Claimants may provide initial notice of such damage to the Division verbally but must file a Notice of Loss form with the relevant CPW Area Office within ten (10) days of discovering such damage. Said ten (10) day period may be extended for up to an additional ten (10) days for good cause shown, provided the claimant gave the Division verbal notice within ten (10) days of discovering such damage. Good cause exists where the Division fails to provide the necessary forms in a timely manner or other circumstances beyond the claimant's control.

B. Notices of Loss must identify the date or dates that death or injury to animals eligible for reimbursement occurred or the date or dates that disappearance of such animals was discovered, the number of gray wolves causing such damage, if known, the date such damage was discovered, and the estimated location and extent of such damage.

C. If the Division receives the claimant's first written Notice of Loss more than ten (10) days after the date of discovery, the claimant shall provide an explanation for the delay. Absent a showing of good cause, claimant's failure to file a timely Notice of Loss shall be cause for denial of the claim.

D. Claimants must file timely Notices of Loss for each gray wolf depredation event discovered.

1. If the same type of damage caused by gray wolves is ongoing at a single site, additional notices are not required every ten (10) days if the claimant keeps the Division reasonably informed of ongoing damage and the claimant files a comprehensive Notice of Loss when the damage ends. The comprehensive Notice of Loss shall include an estimate of the total extent of damage, specify beginning and ending dates that the damage occurred, and provide the other information required above. Gray wolf damage is not considered as ongoing if more than 30 days have elapsed between instances where damage occurred.

2. A single site is a single herd of cattle or band of sheep, under one ownership and continuous control between spring and winter range. If damage occurs at different sites or is of a different type, separate claims and separate investigation reports shall be required, even if the claimant is the same and gray wolves are the cause of all such damage.

E. A Division representative accompanied by the claimant shall in cases of claims in excess of $1,000 and may in cases of $1,000 or less as is appropriate and necessary to determine the facts underlying the claim make an on-site inspection and investigation within ten days of the receipt of the initial notification or as soon thereafter as practicable. The claimant shall cooperate in the Division's investigation, including reasonably assisting in locating and investigating evidence of alleged damage, and authorizing the Division to enter private property under the claimant's control as is reasonably necessary to conduct the investigation.

2 CCR 406-17-17164

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

47 CR 13, July 10, 2024, effective 8/1/2024