Title 35, Agriculture
0 chapters · 839 sections in this title.
Colo. Rev. Stat. § 35-44-109 Official state livestock paper
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It is the duty of the state board of stock inspection commissioners to designate a livestock newspaper, of general circulation among the cattle and horse owners of the state, as the official state livestock paper, wherein all estray notices and advertisements of estrays may be le…
Colo. Rev. Stat. § 35-44-110 Application as to municipalities
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Nothing in this article shall be construed to repeal any of the laws now in effect in regard to the impounding of estray animals by municipalities. Source: L. 03: p. 219, � 10. R.S. 08: � 6435. C.L. � 3239. CSA: C. 160, � 156. CRS 53: � 8-4-10. C.R.S. 1963: � 8-4-10.
Colo. Rev. Stat. § 35-44-111 Concealing estray - penalty
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A person who conceals an estray found or taken into the person's custody, or effaces or changes a mark or brand on an estray, or carries an estray beyond the limits of the county where found, or knowingly permits the concealment, effacing, or changing of a mark or brand on an est…
Colo. Rev. Stat. § 35-44-112 Abandoned livestock
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(1) The state board of stock inspection commissioners shall have the charge and control of all livestock abandoned or neglected by the owners thereof, and any officer or agent of the state board of stock inspection commissioners may take charge of any such stock or animals found …
Colo. Rev. Stat. § 35-44-113 Publication of notice - sale - rules
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If the owners of any animals or livestock found abandoned or neglected, as provided for in section 35-44-112, are unknown to the state board of stock inspection commissioners, its officers, or agents, the notice required by section 35-44-112 shall be given by publishing the same …
Colo. Rev. Stat. § 35-44-114 Disputed ownership - animal deemed not alternative livestock
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In any instance where the board determines that an animal is not an alternative livestock, any dispute as to ownership shall be decided by the parks and wildlife commission created in section 33-9-101, C.R.S. Source: L. 94: Entire section added, p. 1710, � 9, effective July 1. L.…
Colo. Rev. Stat. § 35-45-101 Determination of grazing rights
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To prevent dissension and breach of the peace, the question as to the kind of livestock, whether cattle or sheep, that shall have the preferred or better right to graze upon any particular portion of the public domain within this state shall be determined according to the use mad…
Colo. Rev. Stat. § 35-45-102 Mixed range apportioned
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Any range being used as a mixed cattle and sheep range may be apportioned and divided between the different classes of livestock, that is cattle or sheep, grazed thereon by the district court having jurisdiction whenever a controversy or dispute arises upon complaint of any inter…
Colo. Rev. Stat. § 35-45-103 District court has jurisdiction
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(1) Whenever a dispute arises as to which respective class of livestock has the better right to graze upon a particular portion of the public domain, the district court of the county in which some or all of the disputed area lies has jurisdiction to determine the matters in an ac…
Colo. Rev. Stat. § 35-45-104 Contents and posting of notice - violations - penalties
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Whenever any such portion of such public domain is decreed as a sheep or cattle range or it is decreed that the same is entitled to be used by sheep or cattle owners, as the case may be, the court shall enter an order directing the clerk of the court to give notice of the establi…
Colo. Rev. Stat. § 35-45-105 Reapportionment of range
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(1) If any given area has been adjudged to be subject to use either as a cattle or sheep range, any person in interest may thereafter institute a supplemental proceeding in the same court which rendered the original decree, by filing a supplemental petition setting forth that suc…
Colo. Rev. Stat. § 35-45-106 Overstocking range
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(1) It is declared the policy of this state to preserve the grasses and vegetation on the public domain and protect the wild game of this state in their natural ranges, and especially on the winter ranges, and to prevent erosion of the soil and thereby conserve the waters and wat…
Colo. Rev. Stat. § 35-45-107 How article construed
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Nothing in sections 35-45-101 to 35-45-106 shall be construed to prohibit free transit over the public domain as provided by the acts of congress or to confer upon any individual as such an exclusive right to the use or occupancy of any part of the public domain. Source: L. 29: p…
Colo. Rev. Stat. § 35-45-108 Distribution of receipts
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(1) All moneys received by the state treasurer as the state's share of the amounts collected by the federal government under the provisions of sections 3 and 15 of the Taylor Grazing Act, and any act amendatory thereof, and under the provisions of Public Law 136, 82nd congress, a…
Colo. Rev. Stat. § 35-45-109 Range improvement fund - board of district advisers
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(1) All money paid to the counties shall be deposited with the county treasurer in a special fund to be known as the range improvement fund of district no. __. The county treasurer of a county in which a district is located is the ex officio district treasurer and custodian of mo…
Colo. Rev. Stat. § 35-45-110 Purposes of fund
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The money deposited in the range improvement fund of any county shall be expended within such county for such purposes as may be directed by the board of district advisers of such grazing district or by the board of county commissioners in counties where there is no grazing distr…
Colo. Rev. Stat. § 35-46-101 Definitions
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As used in this article, unless the context otherwise requires: (1) Lawful fence is a well-constructed three barbed wire fence with substantial posts set at a distance of approximately twenty feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as…
Colo. Rev. Stat. § 35-46-102 Owner may recover for trespass
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(1) Any person maintaining in good repair a lawful fence, as described in section 35-46-101, may recover damages for trespass and injury to grass, garden or vegetable products, or other crops of such person from the owner of any livestock which break through such fence. No person…
Colo. Rev. Stat. § 35-46-103 Board of arbitration
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When a person is trespassed upon or damaged by any livestock or takes into the person's custody any livestock under section 35-46-102, the claim for damages occasioned by the livestock may be arbitrated by a board of three arbitrators, at the option of the party aggrieved selecti…
Colo. Rev. Stat. § 35-46-104 Finding of board - enforcement
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The finding of the board of arbitration, when reduced to writing and signed by a majority of the members of the board, constitutes an obligation on the part of the person against whom the finding is made to pay to the aggrieved party the sum set forth in the finding of the board …
Colo. Rev. Stat. § 35-46-105 Grazing on roads and in municipalities - penalty
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(1) It is unlawful for the owner or any person in charge of any livestock knowingly to cause or permit such livestock to graze or run at large in any incorporated or unincorporated municipality, lane, road, or public highway if the same is separated from the land or range of such…
Colo. Rev. Stat. § 35-46-106 Care of stock taken into custody
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A person who takes an animal into custody under the provisions of this article 46 shall feed and care for the animal in a reasonable, careful, and prudent manner and keep the animal in as good order and condition as when so taken into custody, and the person is liable for any dam…
Colo. Rev. Stat. § 35-46-107 Unlawful to break fence or open gate
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It is unlawful for any person to willfully break down or cause to be broken down any fence or gate or to leave open any gate in such fence. This section shall not apply to the owner or occupant unless such owner or occupant causes such fence or gate to be broken down or left open…
Colo. Rev. Stat. § 35-46-108 Lien for trespass and care
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Any party taking into custody animals under the provisions of this article shall have a lien upon such animals for the damages occasioned by the trespass of such animals and for a reasonable compensation for their feed and care while in the possession of the party, if damages are…
Colo. Rev. Stat. § 35-46-109 Taking into custody or release unlawful - penalty
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It is unlawful for any person to take into the person's custody any livestock without complying with the provisions of sections 35-46-102 to 35-46-105 unless such taking be done in good faith. It is unlawful for any person, forcibly or by trickery, fraud, or deceit, or without th…
Colo. Rev. Stat. § 35-46-110 Public highways - railways excluded
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Public highways, as used in this article, shall not be construed to include railways of any kind or railway rights-of-way of any kind. Source: L. 17: p. 349, � 15. C.L. � 3167. CSA: C. 160, � 70. CRS 53: � 8-13-11. C.R.S. 1963: � 8-13-11.
Colo. Rev. Stat. § 35-46-111 Right-of-way fences
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(1) (a) Except as otherwise provided in paragraph (b) of this subsection (1) and subsection (4) of this section, it is the duty of the department of transportation to maintain right-of-way fences constructed as of June 1, 1994, by the department at or near the boundary of the dep…
Colo. Rev. Stat. § 35-46-112 Partition fences
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Where the agriculture or grazing lands of two or more persons adjoin, whether or not such lands are farmed or grazed, it is the duty of the owner of each tract to build one-half of the line fence, such fence to be a lawful fence as described in section 35-46-101. When the owner o…
Colo. Rev. Stat. § 35-46-113 Cost and repair - how recovered
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Partition fences between agricultural and grazing land shall be erected and also kept in repair at the joint cost of the owners of the respective adjoining tracts, except as otherwise agreed by such owners. If, after thirty days' written notice, served personally or by registered…
Colo. Rev. Stat. § 35-46-114 Fence may be removed - when
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When any person unwittingly, or by mistake, erects a fence upon the land of another and when, by a line legally determined, that fact is ascertained, such person may enter upon such premises and remove such fence at any time within one year after giving or receiving notice that t…
Colo. Rev. Stat. § 35-47-101 Horses and mules running at large
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It is unlawful for any owner, or the agent, lessee, bailee, or employee of such owner of any horses or mules, to knowingly permit any of said animals to run at large, within a distance of ten miles from any city having one hundred thousand or more population; within a distance of…
Colo. Rev. Stat. § 35-47-102 Duty of custodian - fees - recovery
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Where animals are in violation of section 35-47-101, a sheriff or other peace officer of the county, on complaint of any person, shall take custody of the animal and place it on feed and water. The sheriff or other peace officer may appoint a custodian for such purpose and pay th…
Colo. Rev. Stat. § 35-47-103 Penalty
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Any person who knowingly permits any of said animals to run at large commits a civil infraction. Source: L. 57: p. 143, � 3. CRS 53: � 8-19-3. C.R.S. 1963: � 8-18-3. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3283, � 646, effective March 1, 2022.
Colo. Rev. Stat. § 35-48-101 Lien one year
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The keepers of bulls, rams, and boars, in this state, have liens upon the get of such animals for the space of one year from the birth of same, for payment of service of such bull, ram, or boar. Source: L. 1879: p. 190, � 1. G.S. � 3193. R.S. 08: � 6445. C.L. � 3269. CSA: C. 160,…
Colo. Rev. Stat. § 35-48-102 Bona fide purchasers protected
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Section 35-48-101 shall not apply to a bona fide purchaser without notice of the lien. Source: L. 1879: p. 190, � 2. G.S. � 3194. R.S. 08: � 6446. C.L. � 3270. CSA: C. 160, � 200. CRS 53: � 8-9-9. C.R.S. 1963: � 8-9-9.
Colo. Rev. Stat. § 35-48-103 Inferior bulls or rams - penalty
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(1) It is unlawful for any person, firm, or corporation to permit any inferior bull over the age of one year or any inferior ram over the age of two months to run at large in this state. Any bull shall be considered an inferior bull that is not registered or eligible for registra…
Colo. Rev. Stat. § 35-48-104 Castration of inferior animals
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It is lawful for any stock grower to castrate or cause to be castrated any inferior animal found running at large; but, if any person castrates any animal belonging to another, without permission, and on proper evidence before any competent court it is proved to the satisfaction …
Colo. Rev. Stat. § 35-49-101 Short title
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This article shall be known and may be cited as the Livestock Water Tank Act of Colorado. Source: L. 41: p. 525, � 1. CSA: C. 160, � 226. CRS 53: � 8-17-1. C.R.S. 1963: � 8-17-1.
Colo. Rev. Stat. § 35-49-102 Legislative declaration
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It is the policy of the state of Colorado to encourage and improve range conditions for livestock within its borders through the construction of watering tanks, to provide a system of priorities of right of use thereof, and to protect adjudicated water rights and the public inter…
Colo. Rev. Stat. § 35-49-103 Definitions
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As used in this article, unless the context otherwise requires: (1) Livestock water tanks includes all reservoirs created by dams constructed after April 17, 1941, on watercourses, the channels of which are normally dry as determined by the state engineer, having a capacity not e…
Colo. Rev. Stat. § 35-49-104 Statutes inapplicable
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The provisions of sections 37-87-101 to 37-87-108 and 37-87-114 to 37-87-115, C.R.S., shall not apply to livestock water tanks of the character defined in section 35-49-103. Source: L. 41: p. 525, � 3. CSA: C. 160, � 228. CRS 53: � 8-17-3. C.R.S. 1963: � 8-17-3. L. 86: Entire sec…
Colo. Rev. Stat. § 35-49-105 Not used for irrigation
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No livestock water tanks constructed under the provisions of this article shall be used for irrigation purposes, and nothing contained in this article shall be construed as conferring upon the owner of any such livestock water tank a priority of use superior to any vested water r…
Colo. Rev. Stat. § 35-49-106 Plans submitted to state engineer
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Anyone proposing to construct a dam for the creation of a livestock water tank, as described in section 35-49-103, shall submit to the state engineer for approval an application on a form provided by the state engineer showing the general location of such proposed dam with refere…
Colo. Rev. Stat. § 35-49-107 Construction requirements
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(1) The state engineer shall examine each application submitted and, if the state engineer approves the same, shall return one copy of each such application with the approval of the state engineer thereon to the person submitting the same and file the other copy at the office of …
Colo. Rev. Stat. § 35-49-108 State engineer to inspect dam
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When such a dam is completed the state engineer shall be notified of such completion and, thereafter, may inspect said stock water tank. If the state engineer finds that the construction fails to conform with the application approved by the state engineer, it then becomes the dut…
Colo. Rev. Stat. § 35-49-109 Priority determined - how
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The state engineer's certificate of approval of a livestock water tank on each normally dry stream and its tributaries shall be chronologically numbered in the order of approval and in concert with any erosion control dams approved pursuant to section 37-87-122, C.R.S. Priority o…
Colo. Rev. Stat. § 35-49-110 Standard plans - publication
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The state engineer shall prepare and keep in file at the office of the state engineer standard plans, drawings, and specifications for livestock water tanks, which shall be subject to revision by the state engineer and shall in general be used as a guide by persons proposing to c…
Colo. Rev. Stat. § 35-49-111 When conduits not required
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Where, in the judgment of the state engineer, tanks upon any stream and its tributaries do not require conduits for purposes of safety or the protection of prior livestock water tank rights, it is lawful for the state engineer to approve an application not calling for conduits. N…
Colo. Rev. Stat. § 35-49-112 Fees deposited in general fund
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Each application for a livestock water tank submitted to the state engineer under the provisions of this article shall be accompanied by a fee of fifteen dollars. This fee shall be deposited by the state engineer with the state treasurer who shall credit all such fees to the gene…
Colo. Rev. Stat. § 35-49-113 Assignment of priority number. (Repealed)
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Source: L. 41: p. 528, � 13. CSA: C. 160, � 238. CRS 53: � 8-17-13. C.R.S. 1963: � 8-17-13. L. 92: Entire section repealed, p. 2306, � 8, effective June 3.