2 Colo. Code Regs. § 406-17-1730

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

Section 2 CCR 406-17-1730 - GENERAL PROVISIONS

A. Initial notification of damage may be verbal, but must be followed by written notice to the District Wildlife Manager or Area Wildlife Manager within ten (10) days of the discovery thereof. Said ten (10) day period may be extended for good cause shown provided, however, that verbal notice has been given within ten (10) days of discovery. Failure to submit written notice within ten (10) days of discovery:

(a) because of failure of Division personnel to supply claim forms in time to allow timely filing; or

(b) because of other reasons not due to the claimant's lack of diligence shall all be considered "good cause."

B. Notifications must include:

1. date or dates damage occurred.

2. number and species of big game causing damage;

3. date damage discovered;

4. estimated extent of damage;

5. location of damage; and

6. If the Division receives the first written notice of damage more than ten (10) days after the date of discovery, the claimant shall provide an explanation for the delay. Failure to provide timely notification as herein required shall be cause for denial of the claim.

1. If the same type of damage caused by the same species of big game is ongoing at a single site, additional notices every ten days after the initial written notification shall be required unless the DWM or AWM concerned is advised by the claimant by some means of the ongoing damage activity and an additional written notice is submitted when the damage ends. Said notice 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 in #1730(a)(1) through (7) of these regulations. Proof of Loss forms shall be filed within 90 days after claimant submits this last written notice. Damage is not considered as ongoing if more than 30 days have elapsed between instances where damage occurred.

2. A single site is a complete orchard, adjoining fields of growing crops, haystacks under the same contiguous ownership or control, or 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 (e.g., harvested alfalfa instead of growing alfalfa), separate claims and separate investigation reports shall be required, even if the claimant is the same and the species of big game causing damage is the same.

D. A Division representative accompanied by the complainant shall in cases of claims in excess of $1,000.00 and may in cases of claims of $1,000.00 or less as is appropriate and necessary to determine the facts underlying the claim make an on-site inspection and investigation within ten (10) days of the receipt of the initial notification or as soon thereafter as practicable.

2 CCR 406-17-1730

40 CR 23, December 10, 2017, effective 1/1/2018

42 CR 23, December 10, 2019, effective 1/1/2020

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