Colorado § 33-41-102 - Definitions.

§ 33-41-102. Definitions.

As used in this article 41, unless the context otherwise requires:

(1) "Charge" means a consideration paid for entry upon or use of the land or any facilities thereon or adjacent thereto; except that, in a case of land leased to a public entity or in which a public entity has been granted an easement or other rights to use land for recreational purposes, any consideration received by the owner for such lease, easement, or other right shall not be deemed a charge within the meaning of this article nor shall any consideration received by an owner from any federal governmental agency for the purposes of admitting any person constitute such a charge.

(2) "Land" also means roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment thereon, when attached to real property.

(3) "Owner" includes:

(a) The possessor of a fee interest;

(b) A tenant, lessee, or occupant;

(c) The possessor of any other interest in land, including a possessor or holder of a conservation easement, or any person having a right to grant permission to use the land; or

(d) Any public entity, as defined in the "Colorado Governmental Immunity Act", article 10 of title 24, that has an interest in land.

(4) "Person" includes any individual, regardless of age, maturity, or experience, or any corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association, or any other legal entity.

(4.2) "Primary access point" means a location at a trailhead or along a trail, route, area, or roadway upon an owner's land where the owner allows individuals to legally enter the land for recreational purposes.

(4.5) "Public entity" means the same as defined in section 24-10-103 (5), C.R.S.

(5) "Recreational purpose" means any hobby, diversion, sport, or other recreational activity undertaken by a person while using the land, including ponds, lakes, reservoirs, streams, paths, and trails appurtenant to the land. The term includes but is not limited to hunting, fishing, camping, picnicking, hiking, trail running, horseback riding, snowshoeing, cross country skiing, backcountry skiing and snowboarding, bicycling, riding or driving motorized recreational vehicles, swimming, tubing, paddleboarding, kayaking, rafting, diving, spelunking, sight-seeing, exploring, hang gliding, paragliding, rock climbing, ice climbing, kite flying, roller skating, bird watching, gold panning, target shooting, ice skating, ice fishing, and photography.

Source: L. 69: R&RE, p. 411, § 1. C.R.S. 1963: § 62-4-2. L. 73: p. 661, § 1. L. 83: (3) and (4) amended and (5) R&RE, p. 1302, §§ 1, 2, effective March 17. L. 88: (4.5) added, p. 1181, § 1, effective May 29. L. 97: (1) amended, p. 53, § 2, effective March 21. L. 2024: IP(1), (3), and (5) amended and (4.2) added, (SB 24-058), ch. 27, p. 83, § 1, effective August 7.

ANNOTATION

Taxpayer status does not satisfy the "charge" requirement of the Colorado recreational use statute. Kirkland v. United States, 930 F. Supp. 1443 (D. Colo. 1996).

Applied in People v. Emmert, 198 Colo. 137, 597 P.2d 1025 (1979); Otteson v. United States, 622 F.2d 516 (10th Cir. 1980).