Chapter 9 - Division Properties



FILING – 03/27/2018

Basis and Purpose

Chapter W-9 - Wildlife Properties

Basis and Purpose:

These changes to Chapter W-9 constitute an annual review of the chapter, including but not limited to, adding and removing wildlife properties based on real estate transactions that occurred since March of 2017. Other specific regulatory changes are detailed below.

Property Consistency Changes and Clean-ups

← Regulations on the Arikaree SWA have been removed, which restricted hunting to youth/mentor hunting only in certain designated areas. The previous youth/mentor area was established when the property was first acquired, in anticipation of high levels of pubic use, which has not transpired. Therefore, this youth/mentor hunting area has been removed.

← Field Trials are now prohibited by regulation on Bravo and Messex SWAs. The lease agreements on portions of Bravo SWA already prohibited field trials, which is now specified by regulation. Additionally, Messex SWA is not conducive to field trials because it consists of a checkerboard of easements that make up the property intermixed with private land. Therefore, to avoid conflicts, field trials are now prohibited at these SWAs.

← Several regulations on Overland Trail SWA, Overland Trail STL, as well as Atwood and Ford Bridge STLs have been removed, specifically those related to hunting reservations, limits on number of hunting days, and check-in and out procedures. Since these areas are not in high demand and do not provide quality hunting, the previous regulations were no longer necessary. These changes will also create consistency with other nearby river properties.

← Regulations relating to small game hunting around ponds and allowing target practice on Jackson Lake SWA have also been removed for consistency with other waterfowl properties.

← Regulations related to blinds on augmentation ponds on Tamarack SWA have also been removed, since blinds no longer exist on this property.

← Night hunting is no longer allowed on Brush Prairie Ponds SWA. The City of Brush, who owns the property, has raised safety concerns about night hunting on the property due to its adjacent location to the Xcel power plant and several residential homes. Target practice is now also prohibited for similar safety reasons.

← All SWAs and STLs in Area 3, except those associated with reservoirs and fishing, are now closed from 9pm – 4am for consistency. Also, for consistency, all of the regulations on these applicable SWAs and STLs have been modified to have the same reservation dates, the same stipulations for the launching and takeout of vessels, and that same check-in provisions, which also comply with the new night-time closure.

← Mandatory check-in and out procedures have been added via regulation for the Lonetree Tract of Elliott SWA and other applicable SWAs starting September 1 for consistency amongst SWAs managed primarily for waterfowl.

← Fishing is now prohibited on Andrick Ponds SWA. This property is used solely for waterfowl and turkey hunting and all of the ponds on the property are either augmentation ponds or brood stock ponds, where fishing is not compatible.

← Complaints of loud music and parties at night have increased at Jumbo and Prewitt SWAs. Therefore, new nighttime quiet hours have been added for these properties as well as prohibiting target practice for public safety.

← Reservations have been limited to three per hunter annually on Centennial Valley SWA in Area 4 for consistency with other waterfowl reservation properties along the South Platte River. This property also experiences high hunting demand, which necessitates the limit on annual reservations.

← Closure dates for the Mitani-Tokuyasu SWA have been modified from March 1-August 15 to March 1-August 31 for consistency with the other SWAs in Area 4. Horse use is also now similarly prohibited.

← Sandy Bluffs SWA, with associated property regulations, have been added to Chapter W-9. The closure date on the Sandy Bluffs STL have also been adjusted for consistency with the SWA, since both properties are adjacent to each other.

← Duck Creek STL and applicable property specific regulations have now been added to Chapter W-9. This property has been open for several years, but was previously not listed in Chapter W-9. The State Land Board and area office have asked for the property to be added to the chapter so that specific access provisions can be enforced and so the public is better informed of these restrictions.

← Float tubes or craft propelled by hand or electric motors are now allowed for fishing, setting decoys, or retrieving downed waterfowl on Red Lion and Prewitt SWAs for consistency with the other three SWAs in Area 3 that have reservoirs and allow fishing and hunting.

← New restrictions on Bravo STL prohibit access from March 1–August 31 annually, and only allow deer hunters on the property opening weekend of the regular plains rifle deer season and the first day and weekend of the late plains rifle deer season. These new restrictions were requested by the State Land Board for consistency with other STLs and the adjacent SWA.

← Waterfowl and small game hunting on Centennial Valley SWA during the waterfowl seasons is now restricted to Saturdays, Sundays, Wednesdays, and legal holidays, for consistency with the other SWAs located along the South Platte River. Additionally, since the designated trail no longer exists on Centennial Valley SWA, this access restriction has been removed from regulation.

← New regulations have been established on Sandsage and Stalker Lake SWAs to state that only bows and shotguns loaded with birdshot are permitted for hunting on these properties. Previously only archery was allowed for deer hunting. Since small game hunting opportunities are also available on these properties, this change to regulation also allows hunting with shotguns, as long as birdshot ammunition is used.

← An archery range has also been established on Stalker Lake SWA and because of the close proximity to residential homes, a new regulation has been established that limits target practice to bows only and only from this new archery range.

Camping on Brown’s Park SWA

Previously there were no regulations on some of the units in Brown’s Park SWA to prohibit camping in areas that would be detrimental to the property. Although conflicts have been minimal in the past, establishing regulations where camping is prohibited will provide greater clarity to the publics who utilize this property.

Name Change of Rabbit Creek Unit of the Cherokee SWA

The Rabbit Creek unit was renamed and dedicated in 2006 in the memory of Roy Brown, a former wildlife technician, to the Roy Brown Unit. CPW real estate records list the parcel as the Roy Brown Unit and maps generated from the GIS unit refer to the parcel as the Roy Brown Unit, however, the parcel was still referred to as the Rabbit Creek Unit in Chapter W-9 regulations and in the regulation brochures. To correct this discrepancy and alleviate confusion to the public, the Rabbit Creek Unit has been changed to the Roy Brown Unit via regulation as well.

Closing Hunting at Home Lake SWA

Home Lake is an easily accessible SWA east of the City of Monte Vista that is bounded on all sides by County Road 3 East and Sherman Lake Circle. The placement of the roads surrounding the lake lends itself to local residents walking dogs, jogging, riding bicycles, driving vehicles, and an overall, high level of public use. Veterans from the nursing home frequently utilize the newly constructed handicap-accessible asphalt walkway and pier for fishing and wildlife viewing. Middle school students and teachers regularly walk across CR 3 East to Home Lake on lunch breaks, class field trips, and after school to enjoy the wildlife. Home Lake also serves as a popular fishery for Monte Vista residents, who fish the lake year-round. Many of these anglers use kayaks, canoes, float-tubes, and motorboats to fish the deeper areas of the lake. Due to the large numbers and variety of waterfowl at Home Lake, wildlife viewing is also a popular activity. Therefore, there is a high potential for conflicts between hunters, homeowners, students, veterans, anglers, wildlife viewers, and non-wildlife recreationists in this heavily used and easily accessible SWA. Prohibiting hunting on Home Lake will significantly reduce the inherent risk to the public, homeowners, students, and veterans while providing an important and permanent rested area for waterfowl.

New Open Dates for Playa Blanca SWA

Playa Blanca State Wildlife Area (SWA) is located southwest of Alamosa and is comprised of flooded wetland impoundments, primarily managed for waterfowl. Previously, public access was permitted on Tuesdays, Thursdays and Saturdays from November 1 through January 30 annually. Playa Blanca SWA was otherwise closed for the remainder of the year and provided no other public access to hunters, anglers, or wildlife viewers. Modifying the open dates on the is property to be July 16- February 14 annually on Tuesdays, Thursdays and Saturdays will provide the public with more waterfowl and small game hunting opportunities throughout the entire length of the waterfowl hunting season and provide the public with summer fishing opportunities near the City of Alamosa. It will also make management of the property consistent with other nearby wetland SWAs, providing protection for waterfowl during the nesting season.

Amendments to Rosemont Reservoir SWA

Historically Rosemont Reservoir had a seasonal closure from November 1 through May 10. Float tubes and picnicking were also restricted on Rosemont Reservoir SWA. However, a new lease was signed between Colorado Springs Utilities (CSU) and Colorado Parks and Wildlife (CPW) on January 1, 2017, which will now allow the SWA to be opened to anglers during ice-off conditions, allow for the use of float tubes, and allow for picnicking year round. Shooting and ice fishing on the property have always been prohibited, but staff wanted these restrictions added to the regulations to make it easier for the public to know what is permitted.

Amendments to Turk’s Pond Closure Language

Turks Pond SWA has a public access closure within a quarter mile of the high water line all around the lake to give migrating and wintering ducks and geese a resting place free from any hunting pressure. The closure also includes fishing and all human activity. The regulatory language in Chapter W-5 and Chapter W-9 for this closure previously did not match however. Therefore, new language has been added to both chapters for consistency, and to provide additional clarification on what is allowed and what is prohibited within the closure area.

Establishment of San Luis Hills SWA

In April 2016, Western Rivers Conservancy, a conservation group from Oregon, purchased approximately 17,020 acres along the Rio Grande River in Costilla County. The property was then transferred to Costilla County under the agreement that it would be managed by Colorado Parks and Wildlife as a State Wildlife Area under a Memorandum of Understanding. USFWS purchased a conservation easement on the property to protect it from development.

The property is one of a few remaining large intact tracts of land along the Rio Grande Corridor. It is the largest tract of public land in Costilla County. It lies within the Rio Grande Natural Area between the Alamosa National Wildlife Refuge to the north, and New Mexico’s Rio Grande Wild and Scenic River corridor to the south. The Rio Grande River forms the property’s west boundary and includes nearly five miles of important riparian habitat along the river.

Establishing the property as San Luis Hills State Wildlife Area will formalize CPW’s management authority over the area, allowing state statutes and regulations to protect and improve the wildlife and habitat on the property. This property will also provide hunting and fishing access to the residents and visitors to Costilla County, along with other SWA management benefits.

Establishing Camping as First-Come First Serve at San Luis Lake SWA

In 2016, Colorado Parks and Wildlife combined San Luis Lake State Park and San Luis Lake State Wildlife Area, with the property currently being managed wholly as a State Wildlife Area. During the transition year of 2017, CPW maintained the reservation process during the busy season. However, the reservation process created multiple conflicts amongst campers, which required CPW personnel involvement.

Removing the reservation process for camping on San Luis Lakes SWA will minimize CPW personnel time, while still maintaining the opportunity to respond as needed. This removal of the reservation process also simplifies camping operations to the public and maintains consistency with other surrounding campgrounds, which currently operate on a first-come, first serve basis, including part of the Great Sand Dunes and Zapata Campgrounds.

Creation of Wind in the Willows SWA Regulations

On December 13, 2013, Colorado Parks and Wildlife purchased a public fishing easement that allowed pedestrian access for fly-fishing only, which was named the Wind in the Willows SWA. Shortly after the closing of the public fishing access easement, special regulations were adopted in Chapter W-1 regarding the fishing restrictions agreed to in the access easement. However, the property was not included in Chapter W-9 at that time. Including the property in Chapter W-9 will now ensure inclusion of the other restrictions identified in the access easement including prohibitions on nighttime use, dogs/other pets, fires, overnight camping, and fishing by any means other than with artificial flies.

“Easement Area” as used in the Wind in the Willows regulation means the area of the property that has pedestrian access for fly-fishing only. The Easement Area specifically is the area twenty (20) feet beyond the banks on either side of the Lake Fork of the Gunnison River between the northerly and southerly boundaries of the property.

New Regulations for Maybell State Trust Land (STL)

Maybell STL currently has no designated camping areas and there are no plans to designate any in the future. There has been significant conflict in the past regarding camping on the Maybell STL, partly because many hunters got confused when they read the regulations. Therefore, the wording has been changed to clarify to the public that there is no camping allowed on this STL.

Similarly, the entire portion of the Maybell STL west of Moffat County Road 19 has been signed as closed to motor vehicles due to the fact that under the current STL regulations, vehicles are limited to designated roads, and no designated roads exist in that portion of the property. Adding regulatory wording that specifically closes the western portion of the STL to vehicles will make that provision more clear and will help with enforcement in the future.

Enrollment of Whetstone Mountain into the STL Public Access Program

Whetstone Mountain STL is bordered by National Forest Service lands to the north and west; private lands to the east, and a mix of private and public lands to the south. It also provides access to some public lands that would otherwise be inaccessible. The property provides elk, mule deer, black bear, and small game hunting opportunity as well. Based on these recreational values, Whetstone Mountain has now been enrolled in the Public Access Program with access allowed via foot and horseback, from the last Saturday in August through the end of February annually.

New Article Specific to State Fish Units

Within the hatchery section of CPW, there was interest in updating the State Fish Unit regulations and creating general hatchery regulations that would applicable to all State Fish Units in the state instead of grouping them in with State Wildlife Areas. Therefore, a new article (Article IV) has been created for just State Fish Units (hatcheries), with regulations in #904 being applicable to all hatcheries and regulations in #905 being hatchery specific.

The vast majority of the hatchery specific regulations are pre-existing, having just moved from #901 to #905. Several hatcheries no longer require hatchery-specific regulations, since their provisions are now covered under #904. Most of the new hatchery specific regulations designate which areas of the property are open to hunting, as an exception to the general “no hunting” provision stated in #904.

The statements of basis and purpose for these regulations can be viewed and copies obtained from the Colorado Division of Parks and Wildlife, Office of the Regulations Manager, Policy and Planning Unit, 1313 Sherman, Room 111, Denver, CO 80203.

The primary statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§ 33-1-106 and 33-1-107, C.R.S.

EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE MAY 1, 2018 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED.

APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 7TH DAY OF MARCH, 2018.

APPROVED:

John V. Howard

Chairman

ATTEST:

James Vigil

Secretary

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