(1) (a) As used in this section, unless the context otherwise requires, introduction means the release of a nonaquatic wildlife species that is currently not found or no longer found in this state into the environment of Colorado, and shall include reintroduction; except that introduction shall not include any nonaquatic wildlife species the actual initial release of which occurred prior to May 24, 2000, or any release that has previously been approved by the general assembly acting by bill.
(b) The general assembly determines and declares that the introduction of species is a matter of statewide concern and should be conducted by the state through specific legislation. Such introduction may cause substantial harm to the state's overall ecosystem, including native plants and animal wildlife. The introduction of wildlife species also has far-reaching impacts on benefits from the use of both public and private lands within the state.
(2) Before any wildlife species may be introduced, the department shall prepare a report that includes, at a minimum, the following information:
(a) The potential ecological and economic impacts, including whether the introduction of a wildlife species will prevent or impair the then-existing use or uses of private land, and the benefits of the introduction;
(b) The probable survival rates of the introduced animals;
(c) The possible impacts should the introduction not take place; and
(d) An assessment evaluating whether the introduction of the wildlife species will impair any use of private land or beneficial use of water existing at the time of such introduction. If the assessment concludes that any such use will be impaired by the introduction, the report shall also describe the reason for the impact and possible actions to reduce such impact.
(3) The department shall deliver the report prepared pursuant to subsection (2) of this section to the general assembly, in accordance with section 24-1-136 (9), C.R.S., within thirty days after its completion.
(4) The department shall annually prepare a report for each of the five years after an introduction occurs that shall include, at a minimum, the following information:
(a) The status of the introduction effort;
(b) A report on the estimated survival rates of the introduced wildlife species and their progeny;
(c) If the survival rate of the introduced wildlife species and their progeny is below the initial projected range, an assessment of why the survival rate is lower than expected and the steps that have been considered and put in place to increase survival rates; and
(d) The recovery goals and anticipated timelines of the recovery program.
Source: L. 2000: Entire section added, p. 812, � 1, effective May 24.
33-2-105.8. Reintroduction of gray wolves on designated lands west of the continental divide - public input in commission development of restoration plan - compensation to owners of livestock - definitions - repeal. (1) The voters of Colorado find and declare that:
(a) Historically, wolves were an essential part of the wild habitat of Colorado but were exterminated and have been functionally extinct for seventy-five years in the state;
(b) The gray wolf is listed as an endangered species on the commission's list of endangered or threatened species;
(c) Once restored to Colorado, gray wolves will help restore a critical balance in nature; and
(d) Restoration of the gray wolf to the state must be designed to resolve conflicts with persons engaged in ranching and farming in this state.
(2) Notwithstanding any provision of state law to the contrary, including section 33-2-105.5 (2), and in order to restore gray wolves to the state, the commission shall:
(a) Develop a plan to restore and manage gray wolves in Colorado, using the best scientific data available;
(b) Hold statewide hearings to acquire information to be considered in developing such plan, including scientific, economic, and social considerations pertaining to such restoration;
(c) Periodically obtain public input to update such plan;
(d) Take the steps necessary to begin reintroductions of gray wolves by December 31, 2023, only on designated lands; and
(e) Oversee gray wolf restoration and management, including the distribution of state funds that are made available to:
(I) Assist owners of livestock in preventing and resolving conflicts between gray wolves and livestock; and
(II) Pay fair compensation to owners of livestock for any losses of livestock caused by gray wolves, as verified pursuant to the claim procedures authorized by sections 33-3-107 to 33-3-110.
(3) (a) The commission's plan must comply with section 33-2-105.7 (2), (3), and (4) and must include:
(I) The selection of donor populations of gray wolves;
(II) The places, manner, and scheduling of reintroductions of gray wolves by the division, with such reintroductions being restricted to designated lands;
(III) Details for the restoration and management of gray wolves, including actions necessary or beneficial for establishing and maintaining a self-sustaining population, as authorized by section 33-2-104; and
(IV) Methodologies for determining when the gray wolf population is sustaining itself successfully and when to remove the gray wolf from the list of endangered or threatened species, as provided for in section 33-2-105 (2).
(b) The commission shall not impose any land, water, or resource use restrictions on private landowners in furtherance of the plan.
(4) In furtherance of this section and the expressed intent of voters, the general assembly:
(a) Shall make such appropriations as are necessary to fund the programs authorized and obligations imposed by this section, including fair compensation for livestock losses that are authorized by this section; and
(b) May adopt such other legislation as will facilitate the implementation of the restoration of gray wolves to Colorado.
(4.5) (a) For purposes of implementing and administering this section, the general assembly shall appropriate money to the division or otherwise authorize the division to expend money from one or more of the following funds:
(I) The general fund;
(II) The species conservation trust fund created in section 24-33-111 (2)(a);
(III) The Colorado nongame conservation and wildlife restoration cash fund created in section 33-1-125; or
(IV) The wildlife cash fund created in section 33-1-112 (1); except that any money within the wildlife cash fund that is generated from the sale of hunting and fishing licenses or from associated federal grants is not available for appropriation under this section.
(b) The lack of an appropriation from the general fund shall not halt reintroduction of gray wolves as required under subsection (2)(d) of this section.
(c) The division may solicit, accept, and expend any grants, gifts, sponsorships, contributions, donations, and bequests, including federal funds, for the purpose of implementing and administering this section.
(4.7) (a) The division shall not use money appropriated from the general fund for state fiscal year 2025-26 for the purpose of acquiring or reintroducing gray wolves. The division may use money appropriated for state fiscal year 2025-26 for the purposes listed in subsections (2)(e)(I) and (2)(e)(II) of this section.
(b) This subsection (4.7) is repealed, effective July 1, 2026.
(5) As used in this section, unless the context otherwise requires:
(a) Designated lands means those lands west of the continental divide in Colorado that the commission determines are consistent with its plan to restore and manage gray wolves.
(b) Gray wolf means nongame wildlife of the species canis lupus.
(c) Livestock means cattle, horses, mules, burros, sheep, lambs, swine, llama, alpaca, and goats.
(d) Restore or restoration means any reintroduction, as provided for in section 33-2-105.7 (1)(a), as well as post-release management of the gray wolf in a manner that fosters the species' capacity to sustain itself successfully.
Source: Initiated 2020: Entire section added, Proposition 114, L. 2020, p. 4220, effective upon proclamation of the Governor, December 31, 2020. L. 2021: (2)(e)(II) and (4)(a) amended and (4.5) added, (HB 21-1243), ch. 359, p. 2341, � 1, effective June 27. L. 2025, 1st Ex. Sess.: (4.7) added, (SB 25B-005), ch. 4, p. 13, � 2, effective August 28.
Editor's note: This section was added by Proposition 114, effective upon proclamation of the governor, December 31, 2020. The vote count for the measure at the general election held November 3, 2020, was as follows:
FOR: 1,590,299
AGAINST: 1,533,313
33-2-105.9. Reintroduction of the North American wolverine - requirements - compensation to owners of livestock - reports - rules - definitions - legislative declaration. (1) As used in this section, unless the context otherwise requires:
(a) Federal act means the federal Endangered Species Act of 1973, 16 U.S.C. sec. 1531 et seq., as amended.
(b) Livestock has the meaning set forth in section 33-2-105.8 (5).
(c) North American wolverine means the species Gulo gulo luscus.
(2) Subject to the requirements of this section, the general assembly authorizes the division to reintroduce the North American wolverine in the state.
(3) As long as the North American wolverine remains on the list of threatened or endangered species pursuant to the federal act, the division shall not reintroduce the North American wolverine in the state until the effective date of a final rule designating the North American wolverine in Colorado as a nonessential experimental population pursuant to 16 U.S.C. sec. 1539 (j), as published in the federal register by the United States fish and wildlife service.
(4) In conducting the reintroduction of the North American wolverine in the state, the division shall:
(a) Comply with:
(I) The final rule described in subsection (3) of this section;
(II) The approach described in a North American wolverine restoration plan developed by the division; and
(III) All applicable federal laws, including, if applicable, the federal National Environmental Policy Act of 1969, 42 U.S.C. sec. 4321 et seq., as amended; and
(b) Work cooperatively with federal land management agencies that have jurisdiction over federal public lands where North American wolverines may be released in Colorado.
(5) The division shall develop a North American wolverine restoration plan pursuant to subsection (4)(a)(II) of this section, and before the division reintroduces the North American wolverine in the state, the commission shall adopt rules providing for payment of fair compensation to owners of livestock for losses of livestock caused by the North American wolverine pursuant to the claim procedures described in sections 33-3-107 to 33-3-110.
(6) (a) Before the reintroduction of the North American wolverine in the state occurs, the department shall:
(I) Prepare a report in accordance with section 33-2-105.7 (2) and deliver the report in accordance with section 33-2-105.7 (3); and
(II) Develop a communications plan that outlines the division's planned communications for proposed releases of the North American wolverine. The communications plan must include a description of how the division will communicate with stakeholders and boards of county commissioners in general locations of proposed releases of the North American wolverine.
(b) The department shall prepare a report in accordance with section 33-2-105.7 (4) for each of the five years after the reintroduction of the North American wolverine occurs. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the department shall deliver the report in accordance with section 33-2-105.7 (3).
(7) The division may compensate owners of livestock pursuant to subsection (5) of this section from the wildlife cash fund created in section 33-1-112 (1); except that the division shall not use money within the wildlife cash fund that is generated from the sale of hunting and fishing licenses or from associated federal grants to implement this subsection (7).
(8) The general assembly deems the recommended expenditure described in this subsection (8) to be in the interest of the people of the state. Pursuant to section 24-33-111 (3), the executive director is authorized to obligate and expend seven hundred fifty thousand dollars from the species conservation trust fund created in section 24-33-111 (2)(a) for the purposes of implementing and administering this section, except as set forth in subsection (7) of this section. The money described in this subsection (8) is available in state fiscal year 2024-25 and remains available for the authorized purposes until the money is fully expended.
Source: L. 2024: Entire section added, (SB 24-171), ch. 213, p. 1302, � 2, effective August 7.
Cross references: For the legislative declaration in SB 24-171, see section 1 of chapter 213, Session Laws of Colorado 2024.