(1) Except as provided in subsection (7) of this section, before the commission purchases any fee title interest in real property or any interest in water pursuant to section 33-1-105 (1)(a), it shall solicit bid proposals from all interested parties through the issuance of a request for proposals. Notice of such request for proposals shall be published in a newspaper of general circulation in the area where the commission plans to purchase the real property or interest in water.
(2) The notices required to be published pursuant to subsection (1) of this section shall include, but shall not be limited to, the following information:
(a) The approximate amount of money available to the commission for the type of property, interest in water, and habitat to be acquired;
(b) The nature of the wildlife habitat, other property, or interest in water desired, including the type or types of recreational opportunities, if any;
(c) The expected terms and conditions of the proposed acquisitions;
(d) The name, address, and phone number of a contact person employed by the division who shall be responsible for providing further information relating to the bid process to any interested party;
(e) The deadlines for the submission of proposals and the address where proposals are to be sent; and
(f) Any other information deemed relevant by the commission.
(3) All proposals received by the commission shall be opened in a manner which is designed to prevent the disclosure of the offering price information contained in such proposals to competing bidders. Once a successful bidder has been selected and the acquisition is completed, the acquisition price and any other information deemed relevant by the commission shall be made available to the public.
(4) The commission, or its designee, may conduct discussions with any person who submits a proposal pursuant to this section for the purpose of clarifying whether the bidder is responsive to, or has a full understanding of, the solicitation requirements. The commission, or its designee, shall, at the request of any person making a proposal, unless it deems such proposal nonresponsive to the bid solicitation, assist such person in restructuring the proposal for the purpose of making the most attractive possible proposal. Bidders shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The commission, or its designee, shall not disclose any information regarding the offering prices of other proposals during the course of such discussions. Bidders may submit revisions to proposals after the initial submission of the proposal, so long as such revisions are made prior to the date listed in the request for proposals for final submission of all proposals. The commission has the right to reject any and all bids.
(5) The commission shall evaluate the proposals based on the following criteria:
(a) Whether the ability of the commission to attain the goals established in the long-range plan of the division is enhanced by the acquisition of the property or interest in water;
(b) Whether the acquisition results in the establishment of additional wildlife habitat or in the potential for additional habitat through the use of habitat improvement methods;
(c) Whether the acquisition will improve access to other public lands;
(d) Whether additional wildlife-oriented recreational opportunities will result from the acquisition;
(e) The size and location of the property or interest in water, including the proximity of the property or interest in water to other property controlled by the division; and
(f) Such other criteria as the commission may establish.
(6) Prior to acceptance of proposals by the commission, said proposals must be reviewed by boards of commissioners of counties with lands or water included in the proposals.
(7) The commission may decide not to use the bid process established in this section when the property or interest in water being purchased is located in such proximity to other property controlled by the division that, in the judgment of the commission, the bid process would not be effective, or when the property or interest in water to be purchased is offered through foreclosure, receivership, or auction, or when the property or interest in water is to be purchased from another governmental entity. In the event that the bid process is not used, the purchase of any fee title interest in real property or any interest in water shall be approved by the general assembly acting by bill.
(8) The commission may adopt such rules as are necessary to implement the acquisition process established in this section.
(9) Notwithstanding section 24-1-136 (11)(a)(I), the commission shall include in its annual report, which report shall be submitted to the capital development committee and to the agriculture, livestock, and natural resources committee of the house of representatives and the agriculture, natural resources, and energy committee of the senate, a listing of all acquisitions of real property or interests in water made pursuant to the provisions of this section. The report must describe all property and interests in water acquired within the previous five years, the acquisition cost of each such property or interest in water, and the appraised value of each such property or interest in water, and must contain a description of all pending acquisitions of property and interests in water.
(10) Repealed.
Source: L. 92: Entire section added, p. 1898, � 2, effective July 1. L. 93: (1) amended, p. 1791, � 82, effective June 6. L. 95: Entire section RC&RE, p. 1010, � 1, effective May 25. L. 2000: (10) amended, p. 397, � 2, effective April 11. L. 2004: (10) repealed, p. 417, � 4, effective April 13. L. 2017: (9) amended, (HB 17-1257), ch. 254, p. 1064, � 3, effective August 9. L. 2024: (9) amended, (SB 24-135), ch. 34, p. 118, � 34, effective March 22.
Editor's note: Prior to the recreation and reenactment of this section, subsection (10) provided for the repeal of this section, effective March 15, 1995. (See L. 92, p. 1898.)
Cross references: For the legislative declaration and acquisition authorization for the Frisco Creek wildlife hospital and rehabilitation center contained in the 2004 act repealing subsection (10), see sections 1 and 2 of chapter 135, Session Laws of Colorado 2004.
33-1-106. Authority to regulate taking, possession, and use of wildlife - rules. (1) In order to provide an adequate, flexible, and coordinated statewide system of wildlife management and to maintain adequate and proper populations of wildlife species, the commission shall have authority in this state, by appropriate rules and regulations, to:
(a) Determine under what circumstances, when, in which localities, by what means, what sex of, and in what amounts and numbers the wildlife of this state may be taken and, further, to shorten, extend, or close seasons on any species of wildlife in any specific locality or the entire state when it finds after investigation that such action is necessary to assure maintenance of adequate populations of wildlife or to preserve the proper ecological balance of the environment. In no event, however, shall the commission adopt any regulation concerning the taking of black bears which is in conflict with the provisions of section 33-4-101.3.
(b) Provide for the disposal of the usable portions of wildlife confiscated, abandoned, or unclaimed at meat processing and storage facilities or by taxidermists or otherwise obtained under the provisions of articles 1 to 6 of this title;
(c) Control the exportation, importation, transportation, release, possession, sale, transfer, and donation of wildlife;
(d) Establish requirements for persons who are engaged in the business of buying, selling, processing, or otherwise handling wildlife for the keeping of records of such transactions and to make such records available for inspection;
(e) Provide for the issuance of and require persons to obtain licenses for the purpose of hunting, fishing, trapping, taking, or possession of wildlife in accordance with the provisions of articles 1 to 6 of this title and the rules and regulations adopted pursuant thereto;
(f) Authorize fishing without a license on a statewide basis for up to two days during the calendar year.
(2) The commission shall adopt rules which regulate the conduct of fishing contests in public waters of the state. Such rules may prohibit the holding of such a contest on specific waters and at specific times of the year, but such rules shall not unreasonably restrict persons conducting such a contest from charging an entry fee, awarding prizes to participants, or using marked or tagged fish.
(3) (a) The state agricultural commission shall review the rules concerning captive wild ungulates submitted by the division and make recommendations to the parks and wildlife commission concerning the rules. The parks and wildlife commission shall not pass nor implement rules concerning captive wild ungulates without the approval of the state agricultural commission. If the parks and wildlife commission makes the possession of red deer unlawful in this state, the division shall compensate any person who owns or possesses any red deer on the effective date of the prohibition for the cost to replace such red deer with a legal elk of the same sex and comparable age.
(b) For purposes of this subsection (3), captive wild ungulates means wildlife which are ungulates lawfully acquired and held in confinement for breeding for agricultural purposes, production of meat, or other animal products; except that captive wild ungulates does not include wildlife held or used for the purpose of hunting or domestic elk or fallow deer held by persons licensed pursuant to section 35-41.5-104, C.R.S.
(c) Captive wild mammals and alternative livestock which have escaped from an owner's control may be removed from the wild by the division of parks and wildlife at the owner's expense, but not sooner than seventy-two hours after the division has given the owner or his designee actual notice of such escape, or the owner has notified the division of such escape. The amount the division of parks and wildlife may charge an owner shall be limited to actual costs incurred by the division to accomplish such removal, subject to further limitation by the following maximum caps:
(I) For native wildlife and for nonnative or exotic wildlife, one thousand dollars per animal not to exceed in the aggregate five thousand dollars per incident; and
(II) For prohibited species, no maximum cap per animal and no maximum cap per incident.
(4) (a) The commission may propose rules concerning:
(I) Hunting of alternative livestock as defined in section 35-41.5-102 (1), C.R.S.;
(II) Maintaining the purity of the native species of elk in the elk herds of Colorado by preventing the introduction of red deer or hybrid nonnative species, whether by the importation of untested live animals, gametes, eggs, sperm, or other genetic material, into Colorado. For purposes of this subparagraph (II), native species of elk includes those subspecies native to North America including cervus elaphus roosevelti, cervus elaphus nannodes, cervus elaphus nelsoni, cervus elaphus manitobensis, cervus elaphus canadensis, and cervus elaphus merriavi.
(III) Requirements that owners of alternative livestock have samples taken for the purpose of identifying individual animals;
(IV) Perimeter fences for alternative livestock farms, licensed pursuant to article 41.5 of title 35, C.R.S., to prevent ingress of big game wildlife and egress of alternative livestock.
(b) The state agricultural commission shall review any rules proposed by the commission and may make recommendations to the commission concerning such rules. The state agricultural commission shall approve all rules promulgated pursuant to this section prior to adoption by the commission.
(c) For purposes of carrying out the rules promulgated pursuant to this section, at any reasonable time during regular business hours, the director or the director's designee shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant to:
(I) All buildings, yards, pens, pastures, and other areas in which any alternative livestock is kept, handled, or transported; and
(II) All records required to be kept and to make copies of such records.
(5) Nothing in this section shall be construed to preclude the commissioner of agriculture from authorizing, pursuant to section 35-40-101, C.R.S., the taking of depredating animals.
(6) The commission may adopt rules governing wildlife sanctuaries.
Source: L. 84: Entire article R&RE, p. 856, � 1, effective January 1, 1985. L. 89: (1)(f) added, p. 1342, � 1, effective July 1. L. 90: (3) added, p. 1528, � 2, effective July 1. Initiated 92: (1)(a) amended, effective January 14, 1993. L. 94: (3)(b) and IP(3)(c) amended and (4) added, p. 1693, � 1, effective July 1. L. 96: (5) added, p. 294, � 1, effective April 12. L. 2004: (6) added, p. 1323, � 2, effective August 4. L. 2012: (3)(a) amended, (HB 12-1317), ch. 248, p. 1207, � 16, effective June 4.
Editor's note: (1) This section is similar to former �� 33-1-110 and 33-1-111 as they existed prior to 1984.
(2) Subsection (1)(a) was amended by an initiated measure, effective January 14, 1993, prohibiting the taking of black bears under certain circumstances. The vote count on the measure at the general election held November 3, 1992, was as follows:
FOR: 1,054,032
AGAINST: 458,260