Colorado § 35-11-102 - Definitions.

§ 35-11-102. Definitions.

As used in this article 11, unless the context otherwise requires:

(1) "Chemical" means any fertilizer or pesticide.

(2) "Chemigation" means any process whereby chemicals are applied to land or crops in or with water through a closed irrigation system. "Chemigation" does not mean any process whereby chemicals are applied to land or crops in or with water pumped from a stock watering well, a domestic well with a diameter of two inches or less, or from a tailwater collection pond.

(3) "Commissioner" means the commissioner of agriculture.

(4) "Contamination" means the degradation of natural water quality as a result of human activities.

(5) "Department" means the department of agriculture.

(6) "Fertilizer" means any formulation or product used as a plant nutrient which is intended to promote plant growth and contains one or more plant nutrients.

(7) "Groundwater" means any water not visible on the surface of the ground under natural conditions.

(8) "Irrigation system" means any device or combination of devices having a hose, pipe, or other conduit, which connects directly to any source of groundwater or surface water, through which water or a mixture of water and chemicals is drawn and applied for agricultural or horticultural purposes. "Irrigation system" does not include any hand-held hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source and does not include stock water wells, any domestic well with a diameter of two inches or less, or a system which includes a tailwater collection pond.

(9) "Open discharge system" means a system in which the water is pumped or diverted directly into a ditch or canal in such a manner that the force of gravity at the point of discharge into the ditch or canal cannot cause water to flow back to the point from which the water was pumped or diverted.

(10) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, or any other legal or commercial entity.

(11) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, insect, rodent, nematode, fungus, weed, or other form of plant or animal life or virus, except viruses on or in living humans or animals, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(12) "Pollution" means the human-made or human-induced alteration of the physical, chemical, biological, or radiological integrity of water.

Source: L. 87: Entire article RC&RE, p. 1278, § 1, effective July 1. L. 88: (2) and (8) amended, p. 1219, § 1, effective July 1. L. 2025: IP, (4), and (12) amended, (HB 25-1084), ch. 24, p. 106, § 51, effective August 6.