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Colorado State Biological Considerations (12-CO-a)

Note: Due to the fact that commercial activities in State Wildlife Areas are generally prohibited, this flowchart represents a narrow exception and thus a process of limited applicability to most geothermal operations.

State Biological Considerations Process

12-CO-a.1 - Will the Project be in a State Wildlife Area?

Commercial uses of State Wildlife Areas is generally prohibited, but may be allowed in certain circumstances.

12-CO-a.2 - Continue with Project

12-CO-a.3 - Contact, Negotiate with Division of Wildlife

The developer wishing engage in a commercial use in a State Wildlife Area must negotiate with the Division of Wildlife to come up with a Commercial Use Contract.

Commercial uses of state wildlife areas may be allowed by the Division when:

a. such commercial use will not adversely impact wildlife resources or habitat;
b. there is a demonstrated need for the goods or services to be provided as part of such commercial use;
c. such commercial use will not unreasonably interfere with the primary wildlife related recreational uses of the state wildlife area by members of the general public;
d. the state wildlife area, and its existing facilities, can safely accommodate such commercial use; and
e. Such commercial uses may be exclusive or nonexclusive, as determined by the Division to be necessary for the proper management of the state wildlife area in light of the criteria set forth above and the compensation provided to the Division.

Prior to making any commercial use of a state wildlife area, a person must enter into a commercial use contract with the Division providing for such use.

(CPW Rules and Regulations)

12-CO-a.4 - Did CDW Approve the Proposed Use?

12-CO-a.5 - Commercial Use Contract

The Commercial Use contract will, at a minimum, include provisions regarding:

a. the specific goods or services to be provided;
b. user number restrictions;
c. seasonal or time restrictions;
d. record-keeping requirements, including, but not limited to, a requirement that the contractor maintain records regarding the goods and services provided, the date(s) and time(s) the person provided these goods and services on the property, and the number of goods or services provided, by user day, for a period of at least three years. Such records shall be available for inspection by the Division;
e. compensation to the Division: a minimum fee equal to 5% of the gross income generated by the activity shall be paid to the Division, but in no event shall any fee for a commercial use contract be less than $100. The $100 minimum shall be paid at the time the contract is signed;
f. the term or length of the agreement, and a provision providing for cancellation or termination of the agreement for any failure to comply with the terms and conditions of the agreement and any applicable laws;
g. any other provision necessary to protect wildlife resources, habitat or public safety, to prevent conflict with primary wildlife related recreational uses of the state wildlife area by the general public or to properly administer the commercial use and the commercial use contract, including bonding requirements.

(CPW Rules and Regulations)

12-CO-a.6 - Follow Terms and Conditions

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