05/03/2007
Basis and Purpose
Chapter 9 - Division Properties

Basis and Purpose Statement:

Modifications associated with the annual changes to Chapter 9 have been made, including clean-up and housekeeping changes.  Substantive changes include the following: 

State Wildlife Area Access clarification.  It has been clarified that State Wildlife Areas are only open to public access as provided in Chapter 9.  Previously language was included which could potentially have been interpreted as authorizing public access to any and all Division properties as soon as they are acquired and meet the statutory definition of State Wildlife Area, providing users complied with the general use stipulations.  The broad statutory definition of State Wildlife Area includes “all lands and waters held by the division in fee title or by lease, easement, or agreement.”  Many easements, leases and/or properties are purchased for habitat protection and other purposes, and are not intended to provide public access.  In addition, the Division has joint management agreements or other contractual obligations on many of those properties to preclude public access.  Therefore, it is prudent to clarify that access is allowed only on those properties where it is intended.

Youth mentor hunting clarification.  Recent statutory changes to the youth hunting age made it necessary to address the mentoring program on State Wildlife Areas.  The mentoring youth age has been cleaned up and clarified.

Brower and Webster SWAs.  The public access closures on these two state wildlife areaas was modified to allow spring turkey hunting.  This will provide public turkey hunting access in an area which consists largely of private land, therefore limiting the opportunity for turkey hunters wishing to hunt around the Greeley area.  Over the past few years there has been an increase of people using these State Wildlife Areas to walk their dogs.  Since there is a seasonal closure to public access for the property, it is primarily open only during hunting seasons. Due to this, most of the users are hunters and primarily waterfowl hunters.  People walking their dogs have disrupted some waterfowl hunts and caused incidents.  Prohibiting dogs, except as an aid in hunting, make these State Wildlife Areas consistent with other State Wildlife Areas in the vicinity which have a restriction on the use of dogs on the property.

Coalbed SWA.  Coalbed Canyon State Wildlife Area was recently purchased for Gunnison Sage Grouse habitat, but can accommodate some public access and some hunting recreation.  Restrictions have been placed on this State Wildlife Area to regulate public use.

Dome Rock SWA.  A new 5-7 vehicle parking lot and wildlife area access was built in fall 2006 in the Colorado Mountain Estates subdivision.  The parking lot will offer increased opportunities to access the Dome Rock SWA.  Currently, the only lawful parking access is from the Four Mile Creek parking lot.  Authorizing use of the new parking lot on the opposite end of the property is intended to increase convenience for users.  

Groundhog Reservoir SWA.  Camping has been disallowed on this State Wildlife Area, which is primarily a fishing lake.  There is room for people to park along the shore line and fish.  The Division provides a boat ramp and two outhouses but no designated camping facilities.  There is a private camping area along the lake that provides camping facilities and cabins.  There is also National forest near by.  These are both better suited for camping opportunities than the State Wildlife Area.

Hot Sulphur Springs SWA.  The Town of Hot Sulphur Springs approached the Division to exempt the Pioneer Park Parcel of the Hot Sulphur Springs State Wildlife Area from the Habitat Stamp requirement.  The town owns the property and incurs all operations and maintenance costs.  The Division leases the property, which provides public fishing access to a stretch of the Colorado River.  This exemption is consistent with other existing property exemptions from the Habitat Stamp.

Joe Moore SWA.  Joe Moore has had an excessive number of campers during the past few summers.  This has led to complaints from neighbors, other campers and fishermen.  The problems include disorderly conduct, domestic violence, violations of Chapter 9 regulations, complaints of loud parties and other issues.  A campground host was used unsuccessfully in 2005.  Camping has been disallowed on the State Wildlife Area to ensure that it is meeting its primary use of wildlife-related recreation.  

Mitani-Tokuyasu SWA.  Overcrowding of waterfowl hunters has been a chronic problem at this State Wildlife Area leading to serious safety concerns.  This property offers approximately ½ mile of river frontage and a 30-acre field for waterfowl hunting.  On weekends, holidays and prime waterfowl hunting days up to 10 vehicles and 12-15 waterfowl hunters generally use this property.  Overcrowding has led to two hunters in the last three years being struck in the face with shotgun pellets requiring trips to the emergency room.  Regulations have been placed on the property intended to limit use by reducing the size of the parking lot, making it a safer to hunt while increasing the quality of the hunting experience without forcing hunters into having to go through a reservation process for securing a place to hunt on this SWA.  In addition, a few regular users arrive at this State Wildlife Area at midnight to 1:00 AM on key waterfowl days and park all night to secure a hunting spot.  In essence, they are camping in violation of existing regulations.  Closing the lot until 4:00 AM would provide opportunity for more people to access the property for waterfowl hunting.

Seeley Lake SWA.  Seeley Lake SWA is close to the City of Greeley and receives high use by anglers and others.  Trash pickup has become a major issue at this property.  On an average week the technician collects between 50-150 pounds of trash at this 100 surface acre lake.  A major component of this trash includes empty beer bottles.  Broken bottles regularly litter the parking area and shoreline of the lake leading to health and safety concerns for young children using the property.  Consequently, glass containers have been outlawed on this State Wildlife Area.

Valco Ponds SWA.  The Division no longer leases this property; therefore, use restrictions have been stricken from the regulations.

Closing Public Access on Wray State Fish Unit.  The Wray State Fish Unit had previously been open to public activity which included fishing on the settling pond and camping.  Because of changes in water usage in recent years, the settling pond at the Wray Hatchery is drained at least once each year and remains dry for extended periods of time.  Because of the change in use of the settling pond, a public fishery can no longer be sustained in this pond.  This has created trespass issues onto other ponds on the hatchery that are used to maintain the Hatchery’s broodstock of various fish species.  The illegal take of fish from these other ponds has severely impacted broodstock in some ponds.  Because public camping was generally done in conjunction with fishing the settling pond, it is no longer prudent to allow public use on this portion of hatchery property at the Wray State Fish Unit.

Big Game Dates on State Trust Lands.  Public access dates have been slightly modified on several State Trust Lands in order to provide public access concurrent with the respective  big game seasons authorized on those properties.

Badger Creek STL.  Badger Creek State Trust Land consists of two parcels, one located north of Fremont CR 2 and one located south of Fremont CR 2.  By changing the parcel north of CR 2 to Upper Badger Creek STL and changing the parcel south of CR 2 to Lower Badger Creek STL, the public will more easily recognize which parcel is which. Currently access is allowed year round for fishing and Sep 1 – Feb. 28 for hunting access.  There is no fishing opportunity on the northern portion of these two parcels and allowing access to it has caused problems for the agricultural lessee.  Clarifications have been made which should decrease conflicting use of this property.

Chancellor Ranch STL.  Public access dates have been modified to allow for the hunters to hunt the entire archery pronghorn season.  

Coal Bank STL.  Shotguns firing a single slug have been allowed as a legal manner of take on Coal Bank Gulch State Trust Land to provide additional hunting opportunity on a property that is reserved for youths and their mentors.   

The statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§ 33-1-101, 102, 104, 105, 106-108, 115, and 121; §§ 33-2-104, 105, 106, and 107; § 33-3-104; §§ 33-4-101, 102, 102.5, 103, 116, 116.5, 117, and 119; § 33-5.5-102; and §§ 33-6-107, 109, 112, 113, 113.5, 114, 114.5, 117, 119, 120, 121, 124, 127, 128, 129, 131, 205, 206, 207, and 208. 

EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JULY 1, 2007 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED, OR SUPERSEDED.

APPROVED AND ADOPTED BY THE WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 3RD DAY OF MAY, 2007.

APPROVED:
Thomas M. Burke
Chairman

ATTEST:
Robert W. Bray
Secretary 

06/15/2007
Basis and Purpose
Chapter 9 - Division Properties

Basis and Purpose:

State Trust Land Enrollments.  The Division has enrolled ten new State Trust Land tracts (16 pacels in all)  in its access program.  A decision on these regulations was carried over from the Commission’s May meeting under its May rule-making notice for approval subsequent to the State Land Board’s enrollment decision, which took place on May 18, 2007.  Regulations have been placed on those newly enrolled parcels consistent with the Division’s master lease agreement and individual access management plans.  Property numbering has been adjusted accordingly.

The statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§ 33-1-101, 102, 104, 105, 106-108, 115, and 121; §§ 33-2-104, 105, 106, and 107; § 33-3-104; §§ 33-4-101, 102, 102.5, 103, 116, 116.5, 117, and 119; § 33-5.5-102; and §§ 33-6-107, 109, 112, 113, 113.5, 114, 114.5, 117, 119, 120, 121, 124, 127, 128, 129, 131, 205, 206, 207, and 208. 

EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE AUGUST 1, 2007 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED, OR SUPERSEDED.

APPROVED AND ADOPTED BY THE WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 7th DAY OF JUNE, 2007.

APPROVED:
Thomas M. Burke
Chairman

ATTEST:
Robert W. Bray
Secretary