Limitation on division and commission authority

Colo. Rev. Stat. § 33-10-114, under Parks and Wildlife.

Colo. Rev. Stat. § 33-10-114

(1) Neither the commission nor the division shall enter into any mitigation agreements with any agency of the federal government relating to the transfer or exchange of land or water condemned by the federal government without the express consent of the general assembly.

(2) Nothing in subsection (1) of this section prevents the commission or the division from entering into common agreements with a federal agency pertaining to the administration or management of federally owned lands.

Source: L. 84: Entire article added, p. 888, � 2, effective January 1, 1985. L. 2012: Entire section amended, (HB 12-1317), ch. 248, p. 1219, � 37, effective June 4.

Editor's note: This section is similar to former � 33-30-107.5 as it existed prior to 1984.

33-10-115. Use of parks and recreational areas by nonprofit backcountry search and rescue organizations - definitions - rules. (1) This section shall be known and may be cited as the Colorado Backcountry Search and Rescue State Parks Usage Act.

(2) As used in this section:

(a) Backcountry search and rescue activities means official drills, exercises, live incidents, or other such activities that provide instruction to backcountry search and rescue personnel, and that are conducted at any time of the day, including, without limitation, overnight or over several days and nights.

(b) Park, recreation area, or facility means:

(I) A state park;

(II) A state recreation area; or

(III) A state-owned facility that is open to the public and related to or adjoining a state park or a state recreation area.

(c) Public or nonprofit backcountry search and rescue organization means a not-for-profit entity that performs backcountry search and rescue, disaster relief, or national defense missions in Colorado. The term includes, without limitation, the Colorado civil air patrol, governmental search and rescue organizations, and the Colorado search and rescue association.

(3) A public or nonprofit backcountry search and rescue organization shall be exempt from all park fees when the organization is using a park, recreation area, or facility to conduct backcountry search and rescue activities.

(4) The commission may promulgate rules as are reasonably necessary to implement this section.

Source: L. 2009: Entire section added, (SB 09-182), ch. 148, p. 616, � 2, effective April 20. L. 2012: (4) amended, (HB 12-1317), ch. 248, p. 1219, � 38, effective June 4. L. 2021: Entire section amended, (SB 21-245), ch. 358, p. 2338, � 6, effective June 27.

Cross references: For the legislative declaration in SB 21-245, see section 1 of chapter 358, Session Laws of Colorado 2021.

33-10-116. Backcountry search and rescue - study - training and physical and psychological support pilot program. (1) (a) The division shall conduct a study and develop recommendations on how to address the challenges associated with backcountry search and rescue in the state. At a minimum, the study must address:

(I) How to improve and develop a sustainable structure for coordination among the state of Colorado, county sheriffs and local law enforcement agencies, public or nonprofit organizations that provide backcountry search and rescue services, and federal agencies;

(II) The availability and adequacy of workers' compensation or other benefits for individuals who are injured in the course of providing backcountry search and rescue services, including as volunteers;

(III) The availability and adequacy of retirement benefits for individuals who provide backcountry search and rescue services, including as volunteers;

(IV) Compensation and reimbursement of expenses for volunteers who provide backcountry search and rescue services;

(V) The availability of necessary equipment and the need for funding to obtain, maintain, and replace equipment and operate backcountry search and rescue teams;

(VI) The physical and psychological impacts of providing backcountry search and rescue and the availability and adequacy of physical and psychological support and resources for individuals who provide backcountry search and rescue services, including as volunteers;

(VII) Issues related to governmental immunity for volunteers who provide backcountry search and rescue services;

(VIII) Training needs for volunteers involved in backcountry search and rescue; and

(IX) The need for public outdoor safety education.

(b) In conducting the study required by this subsection (1), the division shall consult with affected stakeholders, including county sheriffs, public and nonprofit backcountry search and rescue organizations, the department of public safety, the department of local affairs, the Colorado avalanche information center, local governments, and other entities affected by or involved with backcountry search and rescue.

(c) The department shall report on the division's findings as part of the department's State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing required by section 2-7-203 in January 2022 to the rural affairs and agriculture committee of the house of representatives and the agriculture and natural resources committee of the senate, or their successor committees.

(2) The division shall conduct outreach and training across the state on physical and psychological stress injuries and impacts faced by backcountry search and rescue volunteers. The outreach and training may include working with a qualified consultant to assess the physical and psychological needs of volunteers and provide training on recognizing and addressing those needs, developing a grant program for local government agencies or backcountry search and rescue organizations to provide physical and psychological support and training to volunteers, or developing other outreach, training, and services for backcountry search and rescue volunteers across the state.

Source: L. 2021: Entire section added, (SB 21-245), ch. 358, p. 2335, � 3, effective June 27.

Cross references: For the legislative declaration in SB 21-245, see section 1 of chapter 358, Session Laws of Colorado 2021.