2 Colo. Code Regs. § 406-17-1791

Current through Register Vol. 48, No. 1, January 10, 2025
Section 2 CCR 406-17-1791 - DOCUMENTATION OF CLAIM
A. Documentation by the claimant which is necessary to support a claim for damage to livestock forage in hay meadows, pasture meadows and artificially seeded rangelands shall include but not necessarily be limited to:
1. A statement of the actual beginning and ending dates that the area was grazed.
2. A statement of the numbers of livestock animal units grazed by species.
3. A proof-of-loss form prepared jointly by the claimant and a Division investigator after the livestock grazing period has been completed. Such form shall include an estimate of the amount of grazing which was still available, if any, at the time of investigation. If disagreements exist these will be separately noted on the proof-of-loss form.
4.
a. The landowner shall provide the Division with written documentation of when (including time and dates) and where (including specific locations) the damage is occurring.
b. Head counts of the wildlife causing damage made by the claimant shall be made in accordance with Section 33-3-202, C.R.S. to include timely notice to the Division. The required 24-hour notice to the Division shall be given either in person or by direct telephone contact to the nearest regional or area office.
c. The claimant shall provide the Division with the results of their counts with the proof of loss forms. Nothing herein shall prevent the Division from making additional head counts.
5. A statement characterizing the nature of the growing season in one of three categories and a statement as to the basis for such characterization: favorable, normal, or unfavorable. Such statement may include data on normal and current year dates of last killing frost and amount of rainfall by week from the nearest weather station or by other records or evidence where such records are kept.
6. An estimate by a professional range conservationist or other similarly qualified person, acceptable to the Division and claimant, of the normal grazing capacity of the damaged area considering the actual growing conditions, range condition and type of livestock grazed or the normal grazing capacity can be determined by an arbitration panel composed of one arbitrator chosen by the landowner, one chosen by the Division and a third arbitrator chosen by the other two arbitrators as stated in 33-3-104(d). The panel shall provide an estimate within ninety (90) days of the claim submitted.
7. If the damaged area is a hay meadow, a certified statement of the date of last hay cutting.
8. A statement designating the historic average number(s) of big game, by species, present on the property in question.

2 CCR 406-17-1791

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