HomeMy WebLinkAbout780332.tiff r
RESOLUTION
RE: APPROVAL OF EXPANSION OF THE EASTERN WELD PEST CONTROL
DISTRICT.
WHEREAS, the Board offCounty Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, Section 35-5-104 (5) , CRS 1973 states as follows:
"If the owner of any lands adjoining an established
pest control district desires to have such lands
included within the district, he may petition the
board of county conmissicners of the county in
which the district is located and to which district
annexation of his land is desired. The petition
shall contain a description of the boundaries of
lands so desired to be annexed and shall be signed
by the petitioner. .."
WHEREAS, certain land owners and tenants of Eastern Weld
Pest Control District have submitted a petition to include
certain land into the Eastern Weld Pest Control District, and
WHEREAS, the Board of Directors of the Eastern Weld Pest
Control District have accepted said petition. Said descriptions
of land attached hereto and incorporated herein by this reference,
and
WHEREAS, said petition has been brought before the Board of
County Commissioners of Weld County, Colorado.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the area of the Eastern
Weld Pest Control District be, and hereby is , expanded.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 21st day of
August, A.D. , 1978.
�� BOARD OF COUNTY COMMISSIONERS
ATTEST: IQ/J . WELD COUNTY, COLORADO
d County Clerk and Recorder
an• Clerk to th . .rd/ Deputy County Clerk
•RO D AS TO FORM: '•ro.J
J County Attorney
EX Date Presented: August 23 , 1978
Cc° ' N • 780332
likee.re), /Es r te(yr
1:17 it 0z )
Attachment
Legal Descriptions
All Sec. 21, Twn. 3, R65
160 Acres, Wk Sec. 22, Twn. 3, R65
434 Acres, Sec. 23, Twn. 3, R65
All Sec. 5, Twn. 3, R65, except 120 feet in NW's
All Sec. 4, Twn. 3, R65
All Sec. 17, Twn. 3, R65
Wk Sec. 10, Twn. 3, R65
200 Acres Sec. 15, Twn. 22, 23, R65 which is F.R. & I.• Co.
Sk . NEB, Sec. 24, Twn. 3, R65
Sk NW', Sec. 24, Twn. 3, R65
NW' NEC Sec. 24, Twn. 3, R65
Sk SEA Sec. 24, Twn. 3, R65
All of SW' Sec. 22, Twn.3, R65 except 40 Acres
F.R. & I. Co. reserve
All Sec. 31, Twn. 3, R65
Wk SEn Sec. 30, Twn. 3, R65
All Sec. 25, Twn. 3, R66
Ek Sec. 26, Twn. 3, R66
All Sec. 29, Twn. 3, R65
All Sec. 20, Twn. 3, R65
Wk Sec. 19, Twn. 3, R65
All Sec. 18, Twn. 3, R65
All Sec. 7, Twn. 3 , R65
Sk Sec. 6, Twn. 3, R65
The following sections or portions thereof all in Township 3, Range 65
Sec. 5
6 Sh
7
8
9
10 ;Ek
15 Excepting therefrom portions in favor of the Farmers Reservoir
& Irrigation Co.
16
17
18
19
20
21
22 Excepting therefrom portions in favor of the Farmers Reservoir
& Irrigation Co.
23
24 5'N'; NWkNEk
The following sections or portions thereof all ih Township 3, Range 66
Sec. 25
26 Eh
August 30, 1978
I hereby certify that pursuant to a notice dated August 9, 1978,
duly published August 24, 1978 in the Johnstown Breeze a public
hearing was held on the request to extend the terminiation date
of the Eaetern;Weld County Pest Control District to September,
1983. Stan Boyes, Weld County Extension Agent was in attendance
and made the request. After discussion, Commissioner Steinmark
made a motion to approve the extension of the termination date
to September, 1983. Commissioner Carlson seconded the motion
and it carried unanimously. All five commissioners were present
for the hearing.
Chairman
- _ Board of County Commissioners
Weld County, Colorado
Attest:
Weld County Clerk and Recorder
and Clerk to the Board
By:
eputy namty Clerk
Docket #78-54
Tape #78-95
/.( P ?/
•
N OTICE
Docket #78-54
Pursuant to Section 35-5-104 (7) , Colorado Revised
Statutes, 1973 as amended, Notice is hereby given that a hearing
will be held before the Board of County Commissioners of Weld
County, Colorado, on the 30th Day of August, 1978, at 2: 00
o' clock P.M. , in the meeting room on the First Floor of the
Weld County Centennial Center at 915 10th Street, Greeley,
Colorado 80631, at which time the Board of County Commissioners
of Weld County, Colorado will hear evidence upon the Petition
presented by the District Advisory Committee for the Eastern
Weld Pest Control District. Said Petition requests an extension
of the termination date of said District from September 1, 1978
to September 1, 1983. All interested persons should appear
at said hearing and give testimony as to whether or not said
termination date should be extended .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Jeannette Ordway, Deputy
DATED: August 9, 1978
PUBLISHED: August 24 , 1978 in the Johnstown Breeze
LI/if 4/
July 18, 1978
To: Weld County Commissioners:
We the undersigned Board of Directors of the Eastern Weld Pest
Control District accept the attached described land into the
Eastern Weld Pest Control District by petition.
Date Name Address
'7 I F - ,,r £. . Geed,
Pp y701
027/u e.N6d G 44
_ J4,5 �k�4 o . /'1 .L+a.� . 46,
:ilf:A4/ /
OM 6O9 q✓!/,B, /0.G92,e-,
July 12,1978
To:
Board of Directors, Eastern Weld Pest Control Dis trict,
We the undersigned Landowners and Tennents wish to
petition this acreage, with legal discriptions,
into the Eastern Weld Pest Control' District.
� A� w % y
/�
2/ [34/ vz_e_ — 3 —
y
IA/ 1/2 -e /O 3� 6
6E/ 7y . —1(0V
51e-
71 � c'2 � , _ � � (404)
al' x - 5 66
/ (9
• Cep X0 -- 3 -
((/a
The following sections or portions thereof all in Township 3 Range 65
Section 5
6 S1
7
8
8
10 ELI
15 Excepting therefrom portions in favor of the Farmers Reservoir & Irrigation
16 Co.
17
18
19
20
21
22 Excepting therefrom portions in favor of the Farmers Reservoir & Irrigation
23 Co.
24 S'N'; NWyNEk
The following sections or portions thereof all in Township 3 Range 66
Section 25
26 E'
35.5-101 n,
Agriculture 332 3;;
t li I voting own fifty percent of the land in the.proposed district, the board shall
t ' , I declare the district established. Acreage owned by the federal or state of all
f
l
I governments shall not he considered in determining the percentage of land and
voted,
(4) Suchpetition marssety. cons
..
request the oard of county commissioners oatake charge rtofh r and n rsupervi a eradi
the work in connection with the control or eradication of the pests named.s section, distri
F The board, if a pest control district is created upon the petition in accordance „: coma a with this article, shall proceed during the existence of said district, through
the county t exten
pest inspector, to control or destroy such pests at the times and ten d.
,I in the manner and by the aid of such means and additional help as the , ,„ of tht
i I j commissioner and county pest inspector recommends, and the hoard may in tht
enter into contracts to have the necessary work done in the district where
b
, ` noxious weeds, insect pests, or plant diseases occur in epidemic proportion. y th
Such contracts shall be let through competitive bidding, and the board may • byagain
pay for the work and materials expended. Said contracts may be let for withii
periods not to exceed one year and may be renewed if necessary. The board in the
of county commissioners also may enter into contracts with landowners in I' shall i
which the landowners are obligated for their share of the total cost of control r"
(Aerations. inforn
�' (8)
(5) lithe owner of any lands adjoining an established pest control district l eradi
esires to have such lands included within the district, he may petition the
H ' within
i board of county commissioners of the county in which the district is located Ka" of cot
t and to which district annexation of his land is desired. The petition shall con reques
a . j tain a description of the boundaries of the lands so desired to be annexed q
and shall be signed by the petitioner. The board shall act on said petition daysbe �'i
within ten days after the receipt thereof. It the board finds that the petition i be cot
" is in order, that the boundaries of the lands described in the petition are accu landow
r. �II rate, that the lands adjoin the established district, and that the petition is addres
l properly signed, it shall, by order, declare that the lands petitioned to be his sot
?�M annexed to the district shall be included as a part of the district. Within ten Y the petitioner. within
board.days after such action upon the petition, the board shall notify
f�l
a the county assessor, the district advisory committee of the district in which favor t
' I�{ such lands are to be included, and the department of agriculture of its action shall it
z { Two or more owners of lands adjoining an established pest control district the dist
1 ' I may join in and sign a single petition for annexation of their adjoining lands So,
to an established district in the manner prescribed in this subsection (5). 63, I
t , f ) The district advisory committees of two or more ad joining P
' districts may j the
pest control i,
�� �' i 1 petition the board of county commissioners of the county in g s 4 4 ..1
which such districts are located requesting the consolidation of such dis- C.J.S.
' tricts. The board shall act on the petition within ten days after the receipt a' thereof. If the board determines that through such consolidation the districts 35-5-i
l ' y}j could be more economically and efficiently operated, the board shall submit trier an.
1 P.yi the question of such consolidation to all of the landowners of each of the county
districts desiring to consolidate by causing to be mailed to each such land- advisor
owner, to his address as shown by the records of the county assessor, a of the I
i rj1 ballot requesting his vote for or against said consolidation and the return of e ' of coun
;1i. ! 'j such ballot within twenty days to the board. If fifty-one percent of the land- days. It
3f 1 1011 owners voting in each such district vote in favor of the consolidation, the f., l';‘ is practi
It 1) hoard shall immediately, by order, declare the dissolution of the districts to : shall get
be consolidated and the establishment of the consolidated new district, and ' Sou
to )„ 65. p. 17
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41iG,11978
EXECUTIVE CHAMBERS
DENVER
RICHARD D, LAMM
Governor
August 4, 1978
Dear Board of County Commissioners:
As you know in early July Governor Lamm declared your county
eligible to participate in the grasshopper eradication program.
Some counties did participate while others did not need to do so.
Though the program is very near conclusion, Governor Lamm
has extended the Executive Order for 30 days at the request of the
Commissioner of Agriculture in order to take care of any contingencies
that might arise in August.
Enclosed is a copy of the last Executive Order.
Sincerely,
Lee White
Governor's Legislative Liaison
Enclosure
04
SIN N
allt)e.t lit it 41
EXECUTIVE CHAMBERS
DENVER
RICHARD D. LAMM
Governor
EXECUTIVE ORDER
PROCLAMATION
Pursuant to the powers vested in me by Title 28,
Article 2 of the Colorado Revised Statutes 1973, as
amended, I hereby renew and extend, for Thirty (30) days,
the Executive Order - Proclamation dated July 8, 1978,
declaring a disaster emergency due to grasshopper infes-
tation.
The Colorado Department of Agruculture will continue
to be charged with determining what further steps need be
taken to control this problem. The following counties will
be eligible for participation in any infestation eradication
programs determined necessary by the Colorado Department of
Agriculture, subject to participation requirements determined
by the Commissioner of Agriculture:
Baca, Bent, Cheyenne, Crowley, Custer, Kiowa, Kit Carson,
Las Animas, Lincoln, Logan, Morgan, Otero, Phillips, Prowers,
Pueblo, Sedgwick, Washington, Yuma, and Weld.
JAll elements of the July 8, 1978 Executive Order -
Proclamation not in conflict with subsequent legislative
' determinations remain in force for the duration of this
Executive Order.
In Witness Whereof, I have hereunto set my hand and
caused the Executive Seal of the State of Colorado to be here-
unto affixed at Denver, Colorado, this Fourth Day of August,
A.D. , 1978.
_, (...------ ...4.—Q 1-4::* *.-1-"'"—N
R hard D. Lamm
Governor, State of Colorado
I 'S' � ( , 1
�C,
I
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�`k - or (Kt)see '
_ t,,� .' ..
.A/4 , OFFICE OF BOARD OF COUNTY COMMISSIONERS
t`.
PHONE: 1303) 356-4000 EXT. 200
P.O. BOX 758
CGREELEY, COLORADO 80631
O
COLORADO
July 14, 1978
J. Evan Goulding
Commissioner of Agriculture
State Services Building
1525 Sherman Street, 4th Floor
Denver, CO 80203 Dear Mr. Goulding: cc' a S`f/
The Eastern Weld Pest Control District established in
1973 in accordance with the provisions o Title 35, Article 5,
CRS 1973, as amended and includes acres of range land.
A legal description of the area involv is attached along
with a map outlining the area.
The property owners and lessees within the Eastern Weld Pest
Control District have agreed to pay their proportionate
share of the cost per acre for grasshopper control and 75%
have already contributed their one-third cost per acre share.
The Board requests that upon receipt of this letter, the
Commissioner of Agriculture immediately direct operations
to commence to control the grasshopper infestation in this
district.
Sincerely, •
Ed Dunbar, Chairman
Board of Weld County Commissioners
ED/skin
Enclosures 0
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LEGAL DESCRIPTION OF THE AREA TO BE SPRAYED FOR GRASSHOPPERS IN THE EASTERN
PEST CONTROL DISTRICT:
Township 4 - Range 63W:
W z of Sec. 18; All of Sections 19, 30 & 31 .
Township 4 - Range 64:
NW 4 of Sec. 13; S Z of Sec. 13; All of Sec. 24, 29, 30, 31 , 33 & 36;
E z of Sec. 25; E z of E Z of Sec. 23; E Z of SE 4 of Sec. 14; SE 4 of
Sec. 35; SE 4 of Sec. 34; S Z of Sec. 28; W ? of Sec. 32.
Township 3 - Range 63:
All of Sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 , 32.
Township 3 - Range 64:
All of Sections 1 , 2, 5, 10, 11 , 12, 13, 14, 15, 16, 21 , 22, 23, 24, 25,
26, 27, 28, 29, 33, 34, 35, and 36; NE 4 & S 4 of Sec. 3; SE 4 and N
of Sec. 4; E : of Sec. 6; E 2 of Sec. 9; SE 4 of Sec. 17; E z of Sec.
20; W a of Sec. 28; W z of Sec. 33.
Township 2 - Range 63:
W Z of Sec. 4; N Z of Sec. 8; All of Sections 5, 6 & 7; 500 Acres in
Sec. 17 and 18.
Township 2 - Range 64:
All of Sections 1 , 2, 3, 10, 11 , 12 and 13; N Z and SE 4 of Sec. 4;
N Z of Sec. 15.
Township 2 - Range 63:
All of Sections 12, 13 and 14; N Z of Sec. 24; NE 4 of Sec. 23;
NE 4 of Sec. 15; SE 4 of Sec. 2; SW 4 of Sec. 1 .
Township 3 - Range 65:
N : of Sec. 24; 200 Acres of Sec. 22 and 18; W 4 of Sec. 10; S 4 of Sec.
2; W Z of Sec. 19; All of Sections 4, 7, 8, 9, 16, 17, 18, 20, 21 , 23,
29, 30 and 31 . All of Section 5 except NW 4 of the NW 4.
Township 3 - Range 66:
E z of Sec. 26; All of Sec. 25.
!� n•
1 Richard D, Lamm AGRICULTURAL COMMISSION
Governor Clarence Stone,Center
S 1 Gitelman
sitt - t William A. Stephens, Gypsum
e. Vice-Chairmen
J. Evan Goulding
commi:goner COLORADO. DEPARTMENT OF AGRICULTURE sen Eastman,.Hotchkiss
John L.Malloy, Denver
406 STATE.SERVICES BUILDING M.C.McCormick, Holly
1525 SHERMAN STREET Elton Miller, Fort Lupton
Donald L. Svedman DENVER, COLORADO 80203 Kay D. Morison. Fleming
•
• William H.Webster, Greeley
Deputy Commissioner Kenneth G.Wilmore, Denver
July 13, 1978
MEMORANDUM
TO: County Commissioners
County Extension Agents
FROM: J. Evan Goulding, Commissioner
Colorado Department of Agriculture 054:;04,1"‘cets"
SUBJECT: Limitations on crops to be treat for
grasshopper control
•
The current proposal for the control of grasshoppers on crop land will be
limited to certain crops due to the lack of an established tolerance for every
potential commodity to be treated. •
As you may be aware, official tolerances are established by the federal govern-
ment and represent the maximum amount of any particular pesticide which may be
on or in a food, feed, or fiber crop when it is harvested. Products which have
a residue higher than the established tolerance or which have a residue of a
pesticide for which that commodity has no tolerance, may be subject to seizure
and destruction by the United States Food and Drug Administration.
A list of_ crops which do have tolerances established for Carbaryl, the insecticide
to be used in our crop spraying program, is attached for your information. Please
note which of your local crops do not appear on this list, onions for example.
Every effort should be made to prepare a list of the locations of crops without
a tolerance so that these areas will not be treated during our program, thereby
avoiding needless losses and problems.
` Memo
County Commissioners
County Extension Agents
July 13, 1978
Page 2
Unfortunately, there is no method for quickly establishing a tolerance as
extensive scientific data must be developed and studied before this may
occur, therefore, growers who may have crops lacking a tolerance should
be cautioned that their fields will not be sprayed.
Please note that a minimum day-to-harvest interval is listed after each crop
which has an approved tolerance. This number represents the minimum number
of days that a grower should wait before harvesting his crop to insure that •
residues in excess of the tolerances do not occur. Every effort should be
made to notify the growers of these waiting periods.
In addition, this Department has taken steps to warn licensed beekeepers in
the affected areas of the proposed treatments as both of the materials to be
used are highly toxic to bees. Efforts will continue through the media to
provide more detailed information on the program.
We recommend that any alfalfa which is to be treated be cut prior to the
application as this will result in greater control .ofthe grasshoppers.
MINIMUM
•
DAY TO HARVEST
RROOp INTERVAL
Alfalfa 0
Alfalfa, hay 0
Apples 1
Apricots 3
Asparagus 1
Barley, fodder, green 0
Barley, grain • •Barley, straw •
B0
Beans 0
Beans, forage 0
Beans, hay 0
Beets, garden, roots 3
Beets, garden, tops 14
Beets, sugar, tops 14
Blackberries 7
Blueberries 0
Boysenberries 7
Broccoli 3
Brussels sprouts 3
Cabbage 3
Cabbage, chinese 14
Carrots 0
Cauliflower 3
•
Cherries 1
Citrus fruits 5
Clover 0
Clover, hay 0
MINIMUM
DAY TO HARVEST
pp INTERVAL
Collards 14
Corn (K + CWHR) 0
Corn, fodder 0
Corn, forage 0
•
Corn, kernels • 0 •
Cranberries 1
Cucumbers 0 •
Dandelions 14
Dewberries 7
Eggplant 0
Endive 14
Grape 0
Grasses 0
Grasses, hay 0
•
Horseradish 3
' Kale 14
Kohlrabi 3
Lettuce 3
Loganberries 7
Melons 0
Mustard, greens 14
Nectarines 3
Nuts, almonds 0
Nuts, hulls 0
Nuts, filberts (hazelnuts) 0
Nuts, pecans 0
Nuts, walnuts 0
MINIMUM
DAY TO HARVEST
CROP INTERVAL
Oats, fodder, green •
O0
Oats, grain
Oats, straw 0
Okra 0
Olives •
O0
Parsley 14
Parsnips 3
Peaches 1
Peanuts 0
Peanut, hay 0
Pears 1
Peas, cowpeas 0
Peas, cowpeas, forage . 0
Peas, cowpeas, hay 0
Peas, vine •
0
.Peas, with pod 0
Peppers 0
Plums (fresh prunes) 1
Potatoes 0
Pumpkins 0
Radishes 3
Raspberries 7
Rutabagas 9
Rye, fodder, green 0
Rye, grain
Rye, straw 0
Salsify, roots 0
Salsify, tops 14
MINIMUM
DAY TO HARVEST
CROP INTERVAL
Sorghum, forage 0
Sorghum, grain 21
Soybeans 0
Soybeans, forage 0
Soybeans, hays 0
Spinach 14 •
Squash, summer 0
Squash, winter - 0
• Strawberries 1
Swiss chard 14
Tomatoes 0 •
Turnips, roots 3
Turnips, tops 14
Wheat, fodder, grain 0
Wheat, grain 0
Wheat, straw . 0
R Y-298 COLORADO STATE PAIR`'~ DENVERT 07137UR AIRPQ 'T A�
OFFICER PETERSON WILL NE A$
2146MDT WITH PACKETS i0' �0 TO THE COUNTY COMMISTONER$
HAVE A PATROL CAR OF A S40., CAR MEET HIM AT THE AIRPORT.
FOR THE PACKETS. THEY MUST SET TO THE COMMISIONERS OFFICE
AUTH MAJOR HOLLAND
COLORADO STATE PATROL DENVER 1422MDT JJC
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•
t��,r
•
Richard D. Lamm -47191
AGRICULTURAL COMMISSION
Governor
i►Ri\' Chianti Stone.Center
• Mgra,r M Chairmen
e William A.Stephens,Gypsum
11.741
J. Even Goulding Vice-Chairmen
Commissioner
COLORADO DEPARTMENT OF AGRICULTURE gen Eastman,Hotchkiss
er
406 STATE SERVICES BUILDING MJohn L. Moroi, , o
El C. McCormick,Holly Uon
1223 SHERMAN STREET Elton Miller, Fort Lupton
Donald L. Svedman DENVER, COLORADO $0203 • Kay D. Morison, Fleming
Deputy Commissioner William H.Webster, Greeley
Kenneth G.Wilmore, Denver
July 12, 1978
COUNTY COMMISSIONERS
IN COUNTIES AFFECTED BY GRASSHOPPER INFESTATION
• Dear County Commissioners:
On Wednesday, July 12, the Colorado General Assembly passed two bills
authorizing state participation in a program of assistance for dealing
with extensive grasshopper infestations in Colorado agricultural lands.
Copies of the two bills are attached for your information.
House Bill 1001 provides an appropriation up to $2 million, and establishes
the general guidelines within which the program should be administered.
Senate Bill 1 is a limitation of liability for damages that might result
from the implementation of a grasshopper control program.
• Under House Bill 1001, a procedure is outlined, which is basically as
follows:
1. The County Commissioners of any county shall notify the Commissioner
of Agriculture that a major grasshopper infestation exists in the
county, and request participation of the state in dealing with the
problem. This notification does not require specific detailed out-
line of the problem, and I will consider telephone notification as
being sufficient.
2. Upon receiving the above notification and request, my office, working
in cooperation with the local County Extension Agent, County Commis-
sioners and Federal Government, will take immediate steps to verify
the areas of infestation specified by the County Commissioners, or in
the event that no area has been specified in detail, we will work with
you in determining specific areas which should be specified.
3.. The County Commissioners must then, either based upon their own
information, or in cooperation with my office, the Extension Agents
and where appropriate the Federal Government, certify to the Depart-
ment of Agriculture that such area or areas within the county are
infested and that the landowners who control 75 percent of the land
within the designated infested areas have agreed to participate in the
control of grasshoppers on land owned or controlled by them.
County Commissioners
In Counties Affected by Grasshopper Infestation
Page 2
July 12, 1978
4. You must also certify that money has been or will be collected from
the owners of at least 75 percent of the land to be sprayed for reim-
bursement to the. state. In any area where the landowners and county
officials have agreed to meet these terms, and the area has been
approved by my office, all landowners in the designated treatment
area, regardless of whether they initially consented to participate
in the control program, will be considered liable for contribution of
their share of the control programs. The State of Colorado will hold
counties liable for collecting and remitting these funds.
5. Upon receiving this certification, we will, working with your County
Extension Agents or others designated by you, proceed to coordinate a
spray program to meet your particular needs.
There are three types of circumstances that will possibly arise.
1. Rangeland conditions, On rangeland or grassland, the Federal Government
will participate 1/3, State Government 1/3, and private landowners 1/3
in approved spray control areas, if conditions meet certain criteria
for Federal Government participation. These criteria in general terms
are that there must be a sufficiently serious infestation to justify a
control program, and the biological conditions must be of such nature
that a spray program will have a strong potential for effectiveness.
In other words, the Federal Government will not participate in lightly
infested areas (generally considered to be under eight to nine grass-
hoppers per square yard,) nor will they participate in areas where the
grasshoppers have reached a stage of maturity that will either result
in an ineffective kill ratio or be too late to effectively stop the
egg laying process.
In the event the Federal Government declines to participate, my office
will conduct its own evaluation of the need for or effectiveness of the
program, and may in certain circumstances be willing to participate if
landowners will participate on a 50-50 basis. This would most likely
occur in a rangeland area which adjoins cropland and would be a major
factor in reinfesting the cropland control program. Each such circumstance
will be evaluated on its individual merits.
A control program on rangeland can utilize either Malathion or Sevin-4
Oil. The cost a program on rangeland will be in the neighborhood of
$1.50 per acre using Malathion, or as high as $2.10 per acre using
Sevin-4 Oil, with these costs to be shared by the landowner. As you will
note from the legislation, the cost to landowners cannot exceed 50 cents
per acre on rangeland, unless the Federal Government does not participate,
in which case a 50-50 sharing would result. This limitation essentially
would require the use of Malathion, but if landowners desire the use of
Sevin-4 Oil rather than Malathion, we could do so with the landowner's
sharing 1/3 or 1/2 of the slightly higher cost.
rTh
County Commissioners
In Counties Affected by Grasshopper Infestation
Page 3
July 12, 1978
2, Cropland program, The Federal Government will not participate to any
extent in any cropland control program, Thus, the sharing ratio will
be 50-50 between landowners and state, with the upper limit to land-
owners being $2,00 per acre, It is possible that the actual cost will
be less than $4.00 per acre, in which case the landowner share would
be less than the $2.00 per acre,
At this time, we are contemplating the use of Sevin as the pesticide
on cropland, applied at the rate of one pound to one and one-fourth
pounds per acre, Sevin is the most effective pesticide available
under current EPA restrictions, which could be used on a broad scale
basis, For your information, I am attending a meeting in Kansas seeking
to join with several other states in petitioning the Environmental
Protection Agency for the release of a more effective chemical, but
realistically speaking, l seriously question whether any other more
effective chemicals will be made available. If so, you will be notified
immediately.
While it is not my intention at this point to hold firmly to the
previously mentioned requirement of at least 8,000 acres in contiguous
parcels, I think it is mandatory that any parcels designated for control
programs meet certain criteria;
a, There should be a large enough parcel to justify a widespread
spraying program. Hopscotching over scattered or interspersed
parcels will scarcely be in the interest of such a state involved
program.
b, The parcel as a whole should have documentable evidence of serious
infestation, or the strong potential for the spread and develop-
ment of serious infestation, The area should coverall of a hot-
spot or infestation, because it would do little good to spray only
half or a portion of a defined area and leave the remaining area
untouched to spread reinfestation.
c, The area delineated should consist of multiple ownerships, and
be beyond the abilities of an individual landowner to effectively
combat without the coordination that would come from the widespread
state program,
3. Marginal spraying and rights-of-way control. In some of the counties, it
appears that the serious problem exists along roadways, ditch banks, rail-
roads, in other publicly held or controlled lands, or around marginal
non-cultivated land areas. The most effective thing that can be done in
such areas may be to participate in a control program in which the participa-
tion of the state is limited to assisting the county in spraying these
rights-of-way, publicly held lands and other marginal areas. If this is
the desire of the County Commissioners, we will work with you in identifying
those areas which should be sprayed. If they consist of county lands or
�.,
•
County Commissioners
In Counties Affected by Grasshopper Infestation
Page 4
July 12, 1978
or rights-of-way, then the county Would be expected to participate on a
50-50 basis, as would ditch companies, railroads, and other rights-of-
way. In the event that state lands are involved, the state would participate
100 percent if the areas are sufficiently infested and creating a hazard
to surrounding lands.
Upon determination of a county to proceed in a marginal and right-of-way
control program,' we will, in coordination with County Commissioners and
County Extension Agents, determine the most effective and efficient
method of accomplishing such a program. Ground applications may in fact
be substantially less expensive and more effective than aerial in certain
circumstances, and chemicals may be available for use in this limited
manner which are more effective and less expensive than presently contemplated
for rangeland or cropland spraying.
I recognize that the procedures required by the legislation appear to be time-
comsuming, and very little time is available for the accomplishment of this
program. Accordingly, it is my intention to work closely with County Com-
missioners in order to expedite the procedures in every way possible. Much
of the notication and communication can be done by telephone with written
confirmation to follow, and members of the Colorado Department of Agriculture
staff will make every effort to be available to help iron out details as
your program develops.
Beginning as early as Friday, July 14, 1978, I will have key employees head-
. quartered in southeastern Colorado, eastcentral Colorado, and northeastern
Colorado in order to provide immediate personal liaison with County Commissioners
and County Agents. These people will contact you as soon as they arrive in
the areas. They will let you know where they can be reached at all times,
and they t h d landll botherwise help toe available to e iron tout othe ndetails rofu any iprogram that isons, make recom-
mendations
contemplated.
It is my th in the nt of an program within rthe e nshortest tention tpossible o work itime,abut I will in no wayattempt to
push a program upon you where such is not your desire. Please call upon me
or any of the members of my staff to provide any information, coordination or
other assistance in this effort.
Sincerely,
• eLlistss.-
J. Evan Goulding
Commissioner
JEG:pb
Encls.
•
1710
• Second Extrac binary Session. r>0.0,...e ----..r.."3/43/4\
("C rm...., ,
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•
_______
HOUSE BILL NO. 1001. BY REPRESENTATIVES Yost, Babitz, Brinton,
DeNier, Dittemore, Frank, Hayes, Jones, Lucero, Orten, Smith,
Strahle, Valdez, Waldow, Younglund, Burns, Dick, Gustafson, and •
Herzberger; also SENATORS McCormick, Allshouse, Anderson, Cooper,
L. Fowler, Kinnie, Kogovsek, Plock, Soash, Stockton, Strickland,
Wham, and Woodard.
MAKING A SUPPLEMENTAL APPROPRIATION TO THE OFFICE OF THE
GOVERNOR.
Be it enacted y the General Assembl of the State of Colorado:
SECTION 1 . Authorit to transfer. For the sole purpose of
combatting grass opper in estation pursuant to the executive
ve
order issued by the governor on July 8, 1978, or as may
amended to include other counties, the governor is hereby
authorized to transfer from general fund appropriations made to
any department or agency of state government included within the
• three distinct departments, the legislative, executive, and
amunt not
toexceed two million
difo the y dollars ending($2,000,000) to the fiscal une 30, l9nagriculture
emergency fund in the office of the governor. No transfer of
general fund appropriations from any of the three distinct
departments of state government shall exceed one-quarter of one
percent of the total general fund appropriation made to such
department for the current fiscal year. In view of the
provisions of section 24-75-201 .1 , C.R.S. 1973, it is the intent
of the general assembly that the governor obtain the necessary
moneys by the transfer authorized by this section.
SECTION 2. Conditions. (1) The moneys transferred
pursuant to this act-hall become available for use in any county
only upon fulfillment of the following conditions:
(a) The commissioner of agriculture shall determine which
pesticide would be most effective in combatting the current
apita etters indicate new material added to existing statutes;
dashes through words indicate deletions from existing statutes and
such material not part of act.
grasshopper infestation.
(b) The board of county commissioners of the county must
notify the commissioner of agriculture that a grasshopper
infestation of disaster proportions exists in the county and
request the participation of the state in dealing with the
problem.
(c) The board of county commissioners of the county must
designate the area or areas within the county requiring treatment
and certify to the commissioner of agriculture that such area or
areas within the county are infested and that the landowners who
control seventy-five percent of the land within the designated
infested area have agreed to participate in the control of
grasshoppers on land owned or controlled by them. The
commissioner of agriculture is authorized to make a final
determination of areas and priorities for the implementation of
the control program.
(d) The board of county commissioners of the county must
certify that money has been or will be collected from the owners
of at least seventy-five percent of the land to be sprayed to
reimburse the state for fifty percent of the cost of spraying
cropland, or thirty-three and one-third percent of the cost of
spraying rangeland, not to exceed fifty cents per acre for
rangeland or two dollars per acre for cropland. In the event the
federal government fails to participate in the rangeland program,
the landowner share will be fifty percent of the cost per acre as
determined by the commissioner of agriculture.
(e) In any area where landowners and county officials have
agreed to meet the terms for designation of treatment set forth
in this section and approved by the commissioner of agriculture,
all landowners in the designated treatment area, regardless of
whether they initially consented to participate in the control
program, will be considered liable for contributions of their
share of the control program costs. The state of Colorado will
hold the counties liable for collecting these funds.
SECTION 3. Cost of spraying rights-of-way and certain
state-owned lands - how paid. (1) Costs of spraying infested
rights-of-way certified pursuant to section 2 (c) of this act
shall be paid as follows:
(a) (I) The state shall pay the full cost of spraying the
rights-of-way of state and federal highways and roads and
state-owned lands not leased to private persons.
(II) On state-owned lands leased to private persons, the
state shall pay one-half the cost of spraying and the lessee
shall pay one-half the cost.
(b) The division of wildlife and the division of parks and
PAGE 2-HOUSE BILL NO. 1001
•
outdoor recreation shall pay the full cost of spraying on lands
owned and managed by either of such divisions which are not
leased to private persons.
(c) The state shall pay fifty percent and the county in
which the highway or road is located shall pay fifty percent of
the cost of spraying the rights-of-way of county highways and
roads.
(d) The state shall pay fifty percent and the railroad
shall pay fifty percent of the cost of spraying the rights-of-way
of railroads.
(e) The state shall pay fifty percent and the irrigation
ditch company or canal company shall pay fifty percent of the
cost of spraying rights-of-way of irrigation ditches and canals.
SECTION 4. Funds to revert. Any portion of the funds
transferred pursuant to this act which are not spent or committed
to be spent by September 1, 1978, shall revert on a pro rata
basis to the agencies from which they were transferred.
SECTION 5. Appropriation. In addition to any other
appropriation heretofore made for the current fiscal year, there
is hereby appropriated, out of any moneys in the state treasury
not otherwise appropriated, to the office of the governor, the
sum of five hundred dollars ($500), or so much thereof as may be
necessary, to administer the transfer authorized by this act.
SECTION 6. Safety clause. The general assembly hereby
•
PAGE 3-HOUSE BILL NO. 1001
•
finds, determines, and declares that this act is necessary for
the immediate preservation of the public peace, health, and
safety.
kaleFred E. Anderson PRESIDENT OF
SPEAKER OF THE HOUSE THE ENTAOF
OF REPRESENTATIVES
s Ma Or Idtz-i-diett
raine F. Lombardi Marjorie L. Rutenbeck
Hr SECRETARY OF
HIEF CLERK OF THE HOUSE THE SENATE
OF REPRESENTATIVES
APPROVED
Richard D. Lamm
GOVERNOR OF THE STATE OF COLORADO
•
•
PAGE 4-HOUSE BILL NO. 1001
1978
Second Er iordinary Session
SENATE BILL NO. 1 . BY SENATORS Cole, Kogovsek, and Wham; also
REPRESENTATIVES Brown, Burns, DeMoulin, Dick, and Yost.
CONCERNING LIMITATION OF
LIABILITY FOR ACTS COMMITTED FOR THE
PURPOSE OF COMBATTING THE GRASSHOPPER INFESTATION AFFLICTING
COLORADO.
Be it enacted pz the General Assembly of the State of Colorado:
SECTION 1. 28-2-111 , Colorado Revised Statutes 1973, as
amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
28-2-111. Compensation - liability when combatting
grasshopper infestation. (7) The state and its agencies and
political subdivisions and the officers and employees of the
state and its agencies and political subdivisions shall not be
liable for any claim based upon the exercise or performance or
the failure to exercise or perform an act relating to the
combatting of grasshopper infestation of this state except for
negligence or willful disregard of the rights of others, and then
•
only to the extent of one hundred thousand dollars for any injury
to or damage suffered by one person and the sum of three hundred
thousand dollars for an injury to or damage suffered by two or
more persons in any single occurrence (except in such latter
instance, no person may recover in excess of one hundred thousand
dollars). This subsection (7) is the total extent of liability
of the state and its agencies and political subdivisions and the
officers and employees of the state and its agencies and
political subdivisions with regard to combatting of grasshopper
infestation of the state and abrogates any common law cause of
action thereto. Except to the extent of insurance coverage, no
person acting as a contractor with the state or any of its
political ' subdivisions, or any officer or employee of such
contractor, shall be liable on any claim alleging strict
liability on contract or tort for actions taken relating to
combatting grasshopper infestation of the state under this part 1
Capital letters indicate new material added to existing statutes;
dashes through words indicate deletions from existing statutes and
such material not part of act.
. - r^
or under House Bill No. 1001, enacted at the second extraordinary
session of the fifty-first general assembly.
•
SECTION 2. Safety clause. The general assembly hereby
finds, determines, and declares that this act is necessary for
the immediate preservation of the public peace, health, and
safety.
Fred E. Anderson Ronald H. Strahie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
Marjorie L. Rutenbeck Lorraine F. Lombardi
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
•
•
APPROVED
Richard D. Lamm
GOVERNOR OF THE STATE OF COLORADO
•
PAGE 2-SENATE BILL NO. 1
Hello