2 Colo. Code Regs. § 406-17-1792
Current through Register Vol. 48, No. 1, January 10, 2025
Section 2 CCR 406-17-1792 - EVALUATION AND SETTLEMENT PROCEDUREA. The amount of damage shall be the difference between the grazing capacity of the area and the amount of grazing actually realized by the claimant, provided that the amount of damage calculated in this way could have been caused by the number and kind of big game animals documented to have used the designated area or damage can be determined strictly on the basis of the number of big game animals counted on the property during the damage period. The amount of damage that could have been caused by big game shall be based on the following annual average livestock animal unit month (AUM) equivalents: 13.6 pronghorn months = 1 AUM
8.7 bighorn months = 1 AUM
9.9 deer months = 1 AUM
2.5 elk months = 1 AUM
1.4 moose months = 1 AUM
10.3 mountain goat months = 1 AUM
Each AUM equivalent represents the average total amount of forage that could have been eaten by big game. Actual consumption is determined by establishing the proportion of the big game animals' daily forage intake that occurred on the damaged area and dividing the wildlife UM's by this fraction. In the event that these average equivalents are not applicable to the circumstances of an individual case either party may come before the Commission to request a change in regulation in that instance.
1. The Division may compensate landowners or lessees with the comparable amount of hay or feed or equivalent thereof in lieu of AUM equivalents of the wildlife causing damage where the loss of livestock forage required supplemental feeding.B. Grazing capacity shall be determined by forage measurement procedures which meet U.S. Soil Conservation Service standards, contained in the National Range Handbook published by the U.S. Soil Conservation Service (July 13, 1976). (note: later amendments to these standards are not hereby incorporated). Copies of the SCS handbook may be obtained at cost by writing: Director, Colorado Parks and Wildlife, 6060 Broadway, Denver, CO 80216.C. The amount of grazing actually realized by the claimant shall be determined by taking the actual number of animal unit months of livestock grazing which occurred on the area and adding the estimated amount of grazeable forage remaining after termination of grazing or subtracting the amount by which the area was overgrazed.D. Liability is limited to that proportion of the damage in excess of the historic big game use levels, and the state shall be liable for such damages only if they are more than ten (10) percent in excess of normal historic wildlife use levels. This proportion is obtained by subtracting the 1953 to 1973 average population from the current population for the species causing damage and dividing this difference by the current population. If the Division does not agree with the claimant on the historic levels of any species, or this proportion, it may be determined by arbitration. If a satisfactory solution cannot be established by arbitration then the proportion shall be determined by the legal process described in 33-3-104(1)(d) and 33-3-108, C.R.S.E. Value of grazing shall be the current market value at the time and place of the forage loss.40 CR 23, December 10, 2017, effective 1/1/201842 CR 23, December 10, 2019, effective 1/1/202046 CR 11, June 10, 2023, effective 7/1/2023