2 Colo. Code Regs. § 406-17-17170

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

Section 2 CCR 406-17-17170 - ITEMIZED CLAIMS; ITEMIZED CLAIM FORMS

A. Missing Calves, Yearlings and Sheep

1. Itemized Claims enable claimants to seek compensation for missing calves and yearlings of species listed in § 33-2-105.8(5)(c), CRS and missing sheep, provided the claimant reasonably believes such animals were taken by gray wolves. Claimants are eligible to receive compensation for such losses only to the extent that the documented number of such missing animals claimed for the current year exceeds the claimant's Baseline Death Loss.

2. The claimant may only pursue claims for missing calves, yearlings or sheep where grazing occurs in large, open range situations, where locating carcasses is difficult due to geographic / topographic factors. The burden of proving that a claimant cannot seek compensation for missing calves, yearlings or sheep in any particular case due to such factors shall be on the Division. During its initial investigation into each Notice of Loss, the Division shall determine whether such factors prevent the claimant from pursuing compensation for missing calves, yearlings or sheep and the Division shall promptly notify the claimant of such determination.

3. The claimant must produce tangible evidence that gray wolves were present in the area throughout the claim period, such as photographs of gray wolves, photographs of gray wolf tracks, or confirmed fur or scat samples. The claimant should provide such evidence to the Division on a monthly basis throughout the claim period. The claimant may also present evidence in the form of certified statements that gray wolves were in the area based on personal, firsthand observations.

4. The claimant must provide documents and information establishing their Baseline Death Loss.

5. The claimant must provide documents and information establishing that the missing animals were vaccinated or self-certify vaccination status.

6. In order to receive compensation, claimants must complete an Itemized Claim form provided by the Division and file the same with the relevant CPW Area Office no later than December 31 for all losses sustained during the calendar year. Claimants may file Itemized Claims prior to such deadline. Claimants may file multiple Itemized Claims, provided separate claims relate to separate bands or flocks of sheep, or herds of domestic cattle and there was a Confirmed Wolf Depredation associated with each such band, flock or herd.

7. On an Itemized Claim form provided by the Division, the claimant must certify, to the best of their knowledge, that the missing calves, yearlings or sheep were lost due to gray wolves and not other predators, disease, or other factors. The claimant must also certify, to the best of their knowledge, that the missing calves, yearlings or sheep were from the same band or flock of sheep, or herd of domestic cattle as the band, flock or herd associated with the prior Confirmed Wolf Depredation(s). Under no circumstances may the number of documented missing calves, yearlings or sheep claimed exceed the actual number of documented calves, yearlings or sheep missing. In the event, CPW pays for missing animals and an animal is subsequently returned to the claimant, the claimant shall repay CPW the amount equal to the amount the claimant received from CPW for that animal with 30 days of the animal being returned.

B. Indirect Losses

1. Itemized Claims for Indirect Losses, meaning decreased weights for calves, yearlings, and all classes of sheep, and decreased conception rates for domestic cattle and sheep, are only available to the extent of the difference between the claimant's current, allegedly reduced, weights and rates relative to the average of such weights and rates for the three years preceding the first Confirmed Wolf Depredation experienced by the claimant.

2. In order to receive compensation, claimants must complete an Itemized Claim form provided by the Division and file the same with the relevant CPW Area Office no later than December 31 for all losses sustained during the calendar year. Claimants may file Itemized Claims prior to such deadline but may only file one Itemized Claim for each calendar year.

3. On an Itemized Claim form provided by the Division, the claimant must certify, to the best of their knowledge, that the reduction in weights for calves, yearlings, and all classes of sheep, and decreased conception rates for domestic cattle and sheep were caused by gray wolves and not other factors.

4. Reduced Weights: Where the claimant seeks compensation for reduced weights, the claimant must produce documents and information establishing their Baseline Weight. The claimant must also produce documents and information establishing the claimant's current claim-year weights, such as weight tickets, production records, or sales records. To qualify for compensation, the claimant must show current weights have decreased below the Baseline Weight.

5. Conception Rates: Where the claimant seeks compensation for decreased conception rates among domestic cattle or sheep, the claimant must produce documents and information establishing the claimant's Baseline Conception Rate. The claimant must also produce documents and information establishing the claimant's current claim year conception rates or self-certify such rates. To qualify for compensation, the claimant must show current rates have decreased below the Baseline Conception Rate. The claimant must also provide a statement self-certifying that there are no other causes which contributed to the decrease.

2 CCR 406-17-17170

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

47 CR 13, July 10, 2024, effective 8/1/2024