Colorado § 24-1-124 - Department of natural resources - creation - divisions.

§ 24-1-124. Department of natural resources - creation - divisions.

(1) There is hereby created a department of natural resources, the head of which shall be the executive director of the department of natural resources, who shall be the commissioner of mines. The executive director shall be appointed by the governor pursuant to law.

(2) The office of the executive director, created in article 33 of this title 24, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.

(2.1) The department of natural resources includes, as a part of the office of the executive director:

(a) The office of commissioner of mines, created in section 1 of article XVI of the state constitution. The office of commissioner of mines is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.

(b) Repealed.

(c) The Colorado avalanche information center, created pursuant to section 24-33-116. The Colorado avalanche information center is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.

(3) The department of natural resources consists of the following divisions:

(a) The division of water resources, the head of which is the state engineer, as described in subsection (4) of this section;

(b) The Colorado water conservation board and the office of director thereof, created in article 60 of title 37. The Colorado water conservation board and the office of the director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources as a division thereof.

(c) (Deleted by amendment, L. 2000, p. 556, § 3, effective July 1, 2000.)

(d) The state board of land commissioners, created in section 9 of article IX of the state constitution. The state board of land commissioners is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources as a division thereof, subject to the state constitution.

(e) The division of reclamation, mining, and safety, created in section 34-20-103, the head of which is the director of the division of reclamation, mining, and safety, under the supervision of the executive director of the department of natural resources. The division and director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions as prescribed by law under the department of natural resources and the executive director thereof. The division of reclamation, mining, and safety includes the following:

(I) The coal mine board of examiners, created in article 22 of title 34. The coal mine board of examiners is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources as a section of the division of reclamation, mining, and safety.

(II) The mined land reclamation board and the office of mined land reclamation, created in article 32 of title 34. The mined land reclamation board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of reclamation, mining, and safety. The office of mined land reclamation is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of reclamation, mining, and safety as a section thereof.

(III) The office of active and inactive mines, created in article 21 of title 34. The office of active and inactive mines is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as prescribed by law under the department of natural resources and is allocated to the division of reclamation, mining, and safety as a section thereof.

(IV) (Deleted by amendment, L. 2005, p. 1462, § 1, effective July 1, 2005.)

(V) Repealed.

(f) The energy and carbon management commission created in section 34-60-104.3 (1) and the office of the director of the commission, created in article 60 of title 34. The commission and the office of the director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources as a division of the department.

(g) Repealed.

(h) (I) and (II) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1382, § 3, effective July 1, 2011.)

(III) Repealed.

(i) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1382, § 3, effective July 1, 2011.)

(j) The division of forestry, created in section 24-33-201 (1), the head of which is the state forester, appointed pursuant to section 23-31-207. The division of forestry and the state forester are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions as prescribed by law under the department of natural resources and the executive director thereof.

(k) (I) (A) The parks and wildlife commission, created in article 9 of title 33. The powers, duties, and functions of the parks and wildlife commission include the powers, duties, and functions of the wildlife commission and the board of parks and outdoor recreation. The parks and wildlife commission is a type 1 entity, as defined in section 24-1-105.

(B) The parks and wildlife commission includes, as an advisory council, the Colorado natural areas council created in article 33 of title 33.

(II) (A) The division of parks and wildlife, the head of which is the director of the division of parks and wildlife, created in section 33-9-104. The division of parks and wildlife and the office of the director of the division of parks and wildlife are type 1 entities, as defined in section 24-1-105.

(B) The division of parks and wildlife includes the fish health board created in article 5.5 of title 33. The fish health board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law under the department of natural resources and the executive director of the department of natural resources.

(4) The division of water resources includes the following:

(a) The office of the state engineer, created in article 80 of title 37. The office of the state engineer is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section thereof.

(b) The division engineers, created in part 2 of article 92 of title 37. The division engineers are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources and are allocated to the division of water resources as a section thereof.

(c) The ground water commission, created in article 90 of title 37. The ground water commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section thereof.

(d) The state board of examiners of water well and ground heat exchanger contractors created in section 37-91-103. The state board of examiners of water well and ground heat exchanger contractors is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section of the division of water resources.

(e) Repealed.

(5) Repealed.

Source: L. 68: p. 88, § 24. L. 69: pp. 867, 1223, §§ 2, 19. C.R.S. 1963: § 3-28-24. L. 72: pp. 321, 493, §§ 2, 3, 12. L. 74: (3)(f)(IV) repealed, p. 195, § 1, effective July 1. L. 77: (2.1) and (5) added, (3)(e)(I) and (3)(e)(III) amended, pp. 281, 1130, 1629, §§ 31, 32, 1, 2, effective July 1. L. 81: (3)(e)(III) amended, p. 1665, § 17, effective June 30. L. 83: (2.1) amended, p. 1307, § 2, effective May 10. L. 84: (3)(i) and (3)(f) amended, pp. 923, 934, §§ 13, 2, effective January 1. L. 87: (4)(d) amended, p. 1581, § 34, effective July 10. L. 88: (3)(i) amended and (5) repealed, p. 1179, § 3, effective March 23; (3)(e)(II) amended, p. 1180, § 4, effective May 3; (3)(e)(I) and (3)(e)(III) amended, p. 1435, § 14, effective June 11; (2.1)(a) amended, p. 1215, §7, effective July 1. L. 91: (4)(e) repealed, p. 884, § 4, effective June 5; (3)(h) amended, p. 200, § 7, effective June 7. L. 92: (2.1), (3)(e), and (3)(g) amended, p. 1917, § 2, effective July 1. L. 94: (3)(h)(III) added, p. 1710, § 7, effective July 1. L. 99: (3)(h)(III) amended, p. 533, § 3, effective May 3; (3)(h)(I) amended, p. 607, § 2, effective January 1, 2000. L. 2000: (3)(c) amended and (3)(j) added, p. 556, § 3, effective July 1. L. 2003: (2.1)(b) RC&RE and (3)(e)(V) repealed, p. 1961, §§ 2, 4, effective May 22. L. 2005: (3)(e)(IV) and (3)(g) amended, p. 1462, § 1, effective July 1. L. 2006: (3)(e) amended, p. 212, § 1, effective August 7. L. 2007: (3)(j) amended, p. 549, § 4, effective August 3. L. 2010: (3)(j) amended, (HB 10-1223), ch. 41, p. 164, § 2, effective August 11. L. 2011: IP(3), (3)(h)(I), (3)(h)(II), and (3)(i) amended and (3)(k) added, (SB 11-208), ch. 293, p. 1382, § 3, effective July 1. L. 2012: (3)(g) amended, (HB 12-1355), ch. 247, p. 1196, § 3, effective June 4; (3)(k)(I) amended, (HB 12-1317), ch. 248, p. 1203, § 6, effective June 4. L. 2013: (2.1)(c) added, (HB 13-1057), ch. 1, p. 2, § 5, effective January 31; (2.1)(b) repealed, (HB 13-1300), ch. 316, p. 1681, § 48, effective August 7. L. 2022: (2), IP(2.1), (2.1)(a), (2.1)(c), (3)(a), (3)(b), (3)(d), IP(3)(e), (3)(e)(I), (3)(e)(II), (3)(e)(III), (3)(f), (3)(j), (3)(k), IP(4), (4)(a), (4)(b), (4)(c), and (4)(d) amended, (SB 22-162), ch. 469, p. 3404, § 155, effective August 10. L. 2023: (3)(f) amended, (SB 23-285), ch. 235, p. 1253, § 22, effective July 1. L. 2025: (4)(d) amended, (HB 25-1165), ch. 257, p. 1320, § 29, effective August 6.

Editor's note: (1) Subsection (3)(h)(III)(B) provided for the repeal of subsection (3)(h)(III), effective July 1, 2009. (See L. 1999, p. 533.)

(2) Subsection (3)(g)(II) provided for the repeal of subsection (3)(g), effective January 31, 2013, if the revisor of statutes received notification described in § 23-41-209 (2). The revisor of statutes received said notification on January 25, 2013. (See L. 2012, p. 1196.)

Cross references: (1) For the legislative declaration in the 2011 act amending the introductory portion to subsection (3) and subsections (3)(h)(I), (3)(h)(II), and (3)(i) and adding subsection (3)(k), see section 1 of chapter 293, Session Laws of Colorado 2011.

(2) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

(3) For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.

ANNOTATION

Mining reclamation board and the division of mined land reclamation are definite and distinct entities and the designation of the division as a party defendant in lieu of a designation of the board in a challenge to the board's issuance of a mining permit was a failure to join an indispensable party, since the board is an indispensable party to such an action. Cold Springs Ranch v. Dept. of Nat. Res., 765 P.2d 1035 (Colo. App. 1988).