Colorado § 24-80.1-104 - Effect of state register - exception - legislative declaration.

§ 24-80.1-104. Effect of state register - exception - legislative declaration.

(1) Except as otherwise provided in subsection (3) of this section, properties included or nominated for inclusion in the state register are protected from any action initiated by a state agency until a final determination concerning the effect of the action on such properties is made pursuant to subsection (2) of this section.

(2) (a) At the earliest stage of planning or consideration of a proposed action or when it is anticipated that properties of historical significance may be adversely affected in the course of an agency action and in all cases prior to an agency decision concerning an action that may have an effect on properties listed in the state register, the agency initiating the action shall identify such properties located within the area of the proposed action, notify the society of the proposed action, request a determination of effect on such properties, and afford the society a period of thirty days in which to review the proposed action. Notification shall include sufficient and relevant information needed to make a determination of effect. Comments made by the society which include specific recommendations to prohibit or alter all or some aspects of the proposed action shall be implemented by the agency subject to paragraphs (b) and (c) of this subsection (2).

(b) If the agency rejects some or all of the comments of the society relative to the proposed action, the agency shall be afforded a period of thirty days during which to negotiate a satisfactory agreement with the society.

(c) If no agreement is reached or if any party to any such agreement is dissatisfied therewith, an appeal may be made to the governor for a final determination. The governor shall make such determination within thirty days after such appeal.

(3) (a) Subsections (1) and (2) of this section do not apply to actions initiated, taken, or authorized by the department of natural resources or the department of public health and environment or any subdivisions of those departments that affect or potentially affect water supply structures.

(b) The general assembly finds that water supply structures in Colorado are critical both to filling the projected shortfall in water supplies for current and future residents of the state and to protecting the state's agricultural lands from a loss of water supplies. The general assembly further finds that water supply structures and the ability to repair, replace, and change water supply structures are keys to the economic future of Colorado. For these reasons, the general assembly hereby determines and declares that it is necessary to exempt state agencies that take action concerning water supply structures from subsections (1) and (2) of this section.

Source: L. 75: Entire article added, p. 861, § 1, effective July 1. L. 2011: (1) amended and (3) added, (HB 11-1289), ch. 165, p. 568, § 2, effective August 10.