
State Public Records Law
Colorado Open Records Act
For provisions concerning the distribution of reports of agencies pursuant to the “Information Coordination Act”, see § 24-1-136; for provisions concerning access to records pursuant to federal law, see the “Freedom of Information Act”, 5 U.S.C. § 552. Colorado Revised Statutes (2017)»
Read the full text
Exemptions to Disclosure
Public records do not include:
- Work product. Work product means all intra-or inter-agency advisory or deliberative materials assembled for the benefit of elected officials, which materials express an opinion or are deliberative in nature and are communicated for the purpose of assisting such elected officials in reaching a decision within the scope of their authority. Such materials include, but are not limited to notes and memoranda that relate to or serve as background information for such decisions; preliminary drafts and discussion copies of documents that express a decision by an elected official.
- An e-mail message must be for use in the performance of public functions or involve the receipt of public funds. A message sent in furtherance of a personal relationship does not fall within the definition. The fact that a public employee or public official sent or received a message while compensated by public funds or using publicly owned computer equipment is insufficient to make the message a “public record”. Denver Publ’g Co. v. Bd. of County Comm’rs, 121 P.3d 190 (Colo. 2005).
- §24-72-204 states that the custodian may deny a person’s right to inspect records such as “the specific details of bona fide research projects being conducted by a state institution, including, without limitation, research projects undertaken by staff or service agencies of the general assembly or the office of the governor in connection with pending or anticipated legislation;” and
- Trade secrets, privileged information, and confidential commercial data;
- Records protected under the common law governmental or “deliberative process” privilege, if the material is so candid or personal that public disclosure is likely to stifle honest and frank discussion within the government;
- Veterinary medical data, information, and records on individual animals that are owned by private individuals or business entities, but are in the custody of a veterinary medical practice or hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary medical care and treatment to animals;
- Email addresses provided by a person to a state institution for future communications may be exempt if disclosure is contrary to “public interest”
Access Rights
- All persons
- Custodian can make rules re: inspection that are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or the custodian’s office
- Reasonably prompt response to request for records (w/in 3 business days) – extenuating circumstances must be explained
- In no event can extenuating circumstances apply to a request that relates to a single, specifically identified document.
- Can request reasons for denial of access
- Fees – § 24-72-205, amended by 2014 Colo. Legis. Serv. Ch. 142 (H.B. 14-1193) (WEST); can’t exceed $0.25 per page for copy of the record, or fee not to exceed actual cost of providing copy in whatever format it is provided
- Possession by public entity doesn’t render record public
- If records are not immediately accessible/available the “reasonable” amount of time for their delivery is 3 business days or less
- Can’t exceed 7 business days
- No fee for email transmission
Destruction of Public Records
- 24-80-103 et seq states that record custodians must periodically consult with the department of personnel and the attorney general of the state to determine whether the records in question are of legal, administrative, or historical value. Those that do not can be destroyed, after a list of such documents is compiled, and the custodian, department of personnel and AG certify that this law has been complied with.
- Custodian must consult with the department of personnel and they will determine whether the records are of legal, administrative, or historical value. Records that do not fall within one of those classifications will be disposed of according to the officer.
- A list of all of the disposed records along with a statement certifying compliance signed by the officers must be filed and kept in the office that the records were taken from.
State Whistleblower Score
Rank: 13/51 states
Colorado has a reasonably strong state whistleblower law with moderately broad coverage (18 out of 33 possible points) with a high degree of usability (27 out of 33) and strong remedies (21 out of 33).
What’s New In Colorado?
Colorado News
Colorado’s Air Quality Doomed to Get Worse
Gutted Reform Bill and New Regs Offer Nothing to Stem Downward Spiral
Public Comment – Colorado Air Quality Permits – 05-04-2023 (PDF)
DESCRIPTION: Public comments on Colorado Minor Source NSR Modeling Guideline for Air Quality Permits, submitted ...
Gold Mine Expansion OK Shows Broken Air Permit Process
Colorado Refuses to Fix Major Underlying Flaws in Approving New Permit
CPDHE Emails with Number of Permits – 11-11-2022 (PDF)
Statement of Support – Colorado Legislation HB1036 – 02-03-2023 (PDF)
DESCRIPTION: Statement of support of Colorado legislation HB1036 - a bill designed to encourage the use of ...
Letter to EPA Region 8 – Next Steps on Colorado Department of Public Health and the Environment – 11-11-2022 (PDF)
DESCRIPTION: Letter to EPA Region 8 Administrator KC Becker requesting meeting on Colorado Department of Public ...
Substantial PFAS Contamination Found in Pesticides in Colorado
Threat to Food Chain Justifies Colorado Ban of All Pesticides Containing PFAS
Colorado Balks at EPA Ozone Reducing Recommendations
State Resists Reforms Identified by Whistleblowers and Confirmed by EPA
EPA Validates Colorado Air Whistleblowers’ Charge
State Directed to Fix Illegal Permits and Cease Enabling Pollution Evasions
Op-Ed | An alarm is raised, little is done, and employees flee
Fed up with the state’s failure to regulate air permits, three state employees came forward about a year ago, but ...
COMMENTARY | Colorado PFAS Prevention Act Passes
On May 11, 2022, the Colorado Legislature tackled the PFAS contamination crisis by passing one of the most ...
Letter to EPA and Colorado DPHE- Review of Civil Rights Compliance – 05-09-2022 (PDF)
DESCRIPTION: PEER letter on state of Colorado’s air permitting program with regard to EPA’s nondiscrimination ...
Denver Superfund Site May Be Leaching Toxic PFAS
Groups Seek State Testing and Monitoring at Lowry Landfill Superfund Site
Illegal Colorado Air Pollution Permits Targeted
First Major Test for State’s New Environmental Justice Action Task Force
Op-Ed | Why KC Becker holds the key to Front Range air quality
Colorado has been badly out of compliance with National Ambient Air Quality Standards (NAAQS) for a decade now. ...
Implementation of the Minor Source Permitting Program in Colorado – 01-05-2022 (PDF)
DESCRIPTION: Presentation on the Implementation of the Minor Source Permitting Program in Colorado from 2010 - ...
COMMENTARY | Opaque Decision-Making at The Colorado Air Pollution Control Division
Colorado Air Pollution Control Division has a convenient history of bad record keeping at a time when reporters, ...
Colorado May Have the Most PFAS Sites of Any State
EPA Identifies Around 120,000 Potential PFAS Sites in U.S. – Far More Than Ever
Colorado AG Probe Confirms Air Pollution Failures
Pollution Permits Improperly Issued; Managers Took “Unjustified” Actions
STATEMENT | Bureau of Land Management to Re-Open DC Headquarters
PEER applauds the Bureau of Land Management's decision to return its headquarters to Washington, DC.
Political Sabotage by Anti-Wolf Colorado Parks Manager
State Funds and Staff Used to Undermine Governor and Wolf Advocates
Letter to Megan McCarthy – 06-11-2021 (PDF)
DESCRIPTION: Letter to Megan McCarthy regarding the 2021 Annual Sulfur Dioxide (SO2) Report
TO: Air Quality ...
Pawnee Coal Plant Causing Clean Air Act Violations
State Fails to Control Coal Plant Emissions Endangering Public Health
Colorado Air Pollution – Gold and Fossil Fuel Mining
Several mines in Colorado received unlawful air permits that do not comply with air quality standards as a result ...
Colorado Air Pollution – Xcel Power Plants
Air permits for the Cherokee Power Plant and Pawnee Generating Station were both issued under faulty air modeling ...
Letter to EPA Acting Regional Administrator Deb Thomas – 06-07-2021 (PDF)
Letter to the Acting Regional Administrator Deb Thomas regarding complaints within the Colorado Department of ...
Colorado Air Pollution – Interstate Expansions
$1.2 billion project started in August 2018, to widen I-70 from 6 lanes to 8 lanes near Commerce City, Colorado.
Colorado Air Pollution – Suncor
The allegations against the CDPHE implicate the air permit renewal for the Suncor Energy oil refinery in Commerce City.
COMMENTARY | What is Going On with Colorado Air Quality?
Colorado has been undermining its own air pollution experts for years in favor of easing requirements for polluters.
Federal Action Needed to Cut Colorado Air Pollution
Illegal Cherokee Plant Emission Permit Worsens Environmental Justice Gap
Letter to Michael Regan – Cherokee Power Plant, Colorado – 05-10-2021 (PDF)
DESCRIPTION: Letter to Michael Regan regarding environmental justice issues around the Cherokee power plant in ...
Letter to Colorado Attorney General Phil Weiser – Air Quality Standards – 05-07-2021 (PDF)
DESCRIPTION: Request to Expand Scope of Investigation by Special Assistant Attorneys General into Non-Enforcement ...
Letter to the EPA Inspector General Requesting Review of Colorado Air Quality Non-Enforcement (PDF)
DESCRIPTION: Request for Review of Intentional Non-Enforcement of National Ambient Air Quality Standards by ...
Colorado Orders Staff to Ignore Air Pollution Violations
Air Modelers Request Federal Intervention and Whistleblower Protection
Letter to Colorado Department of Public Health and Environment – Air Quality Standards – 03/30/2021 (PDF)
DESCRIPTION: Letter to Colorado Department of Public Health and the Environment to request that Colorado meet all ...
Letter to Inspector General O’Donnell – 03-30-2021 (PDF)
DESCRIPTION: Letter to Inspector General O’Donnell regarding the violations of law, mismanagement, and abuse of ...
Letter to EPA IG – Colorado Air Quality Standards – 03/30/2021 (PDF)
DESCRIPTION: Request for Review of Intentional Non-Enforcement of National Ambient Air Quality Standards by ...
Call for Federal Intervention Into Colorado Air Pollution
State Inaction on Coal Plant Emissions Endangering Public Health
PEER and 70 Conservation Organizations, Representing 16 Million Americans, Endorse Colorado Wolf Restoration
PEER and 70 conservation organizations have endorsed the concept of the restoration of the gray wolf to Colorado, ...
PEER Testifies Before Colorado Oil and Gas Commission
Kyla Bennett testified in front of the Colorado Oil and Gas Commission to require a robust analysis of the impacts ...
Allegations Against Climate Scientist Fall Apart
University of Colorado Bureaucratic Infighting Disrupts Climate Research
BLOG | University of Colorado Faculty Must Address Climate Science Censorship
The University of Colorado Boulder needs to ensure that special interests are not controlling climate change ...
PFAS in Colorado: Fact Sheet
PFAS are a man-made chemical that are used in the manufacture of consumer goods including cookware, ...
Questionable Termination Undermines Climate Science
University of Colorado-Boulder Serves Oil and Gas Special Interests
Letter to University of Colorado Regarding the Firing of Climate Scientist Dr. Helmig (PDF)
DESCRIPTION: Letter from PEER and 39 groups and 162 individuals requesting that the University of Colorado move ...
PEER Obtains Evidence of “Forever Chemicals” at Air Force Academy
Washing Your Hands Can’t Stop PFAS in Water
Colorado Lags in Controlling Forever Chemicals
Dangerous Levels of PFAS in Drinking Water Without Enforceable Limits
Interior’s Obtuse Reorganization Has Blurry Focus
New Layers of Regional Bureaucracy Larded on Top of Current Structure
I-70 Expansion Modeling Report (PDF)
Air Modeling for PM 2.5 & PM 10 for I-70 East Phase1 demonstrates that the project will violate NAAQS PM 2.5.
Industry Lawyers Directed Baca Wildlife Refuge Drilling Study
Concerns of Refuge Scientists Overridden by Interior, Justice Officials
Reclamation Jettisoning Environmental Functions
Lame Duck Reorganization Cutting Green Jobs to Promote Outsourcing
Fish & Wildlife Service Hiding Influence of Refuge Driller
Federal Court Asked to Force Government to Release Records
GROUPS CONTEST DENIAL OF FEDERAL PROTECTION TO DECLINING PRAIRIE DOG
Illegal Political Interference Cited in Lawsuit
SAN MIGUEL COUNTY JOINS COALITION SEEKING GUNNISON SAGE-GROUSE PROTECTION
TELLURIDE, COLO. – San Miguel County in Colorado has formally joined an effort to protect the Gunnison sage-grouse ...
PREDATOR CONTROL PLAN FOR COLORADO BLASTED
Danger to “Threatened” Wildlife Species, Children, and Non-Target Wildlife
Washington, DC — The U.S. Department ...
SPECIAL INTERESTS TRUMP WILDLIFE AT DOW
Employee Survey Registers Rampant Fear of Reprisal; Staff Say Agency Is Headed in the Wrong Direction
COLORADO COMPANY TO BUY NJ RADIOACTIVE WASTE
Denver, CO-The Environmental Protection Agency must allow for public comment on a plan to transfer up to 470,000 ...
ATTEMPTS TO APPEAL WHISTLEBLOWER CASE WILL WASTE TAXPAYERS MONEY PEER
Requests Denver Wastewater District to End Defamation Campaign
ENVIRONMENTALISTS & BLM AGREE TO PROTECT LARGE AREAS OF ALGODONES DUNES
Peirsons Milkvetch, Colorado Desert Fringe-Toed Lizard, and Other Rare Desert Species to be Protected