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Data center regulations elude Colorado lawmakers — again — as state grapples with booming industry

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Data center regulations elude Colorado lawmakers — again — as state grapples with booming industry


Colorado still has no statewide regulations or incentives to implement for new data centers after the demise of two bills in this year’s legislative session.

The sponsors of each had attempted to find the right combination of carrot and stick for the booming industry. Despite hours of testimony and hundreds of meetings, both a bill that offered tax breaks for new data centers and a measure that focused on imposing guardrails failed. Neither progressed past their first committee before the session ended May 13.

It’s the third year in a row that lawmakers have failed to pass legislation related to the industry, which has become increasingly controversial as larger facilities multiply across the country to meet the computing needs of an increasingly digital world and to train artificial intelligence models. While industry boosters promote the jobs and money the centers can bring, others worry about the facilities’ water and power consumption as Colorado experiences prolonged drought and strives to transition to renewable energy sources.

The failure of the bills — both sponsored by Democrats — has left Colorado with neither incentives to lure new development nor rules about the centers’ use of power, water and land.

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“I think it’s an unfortunate outcome and, honestly, not what either side wanted to see,” said Alana Miller, the Colorado policy director for the Natural Resources Defense Council’s climate and energy program.

Bill sponsors and lobbyists said they struggled to find consensus on complicated topics from a wide range of interested parties, including environmental advocates, data center representatives, business development groups, labor unions, community organizations, utilities and local governments of a variety of political persuasions.

Data center lobbyists told lawmakers that state sales tax incentives were crucial to luring new development, which would spur new jobs and local tax revenue. Some lawmakers balked at giving up tax revenue while the state is in a prolonged budget crisis.

Environmental groups, for their part, pushed for rules requiring the use of renewable energy and the efficient use of water. Labor groups argued in favor of the construction jobs the incentives would allegedly attract, while community groups worried about the noise and air impact the huge facilities would have on their neighborhoods.

“It was one of the most complicated bills that I’ve run, given the number of people who have an interest — and competing interests,” said Sen. Cathy Kipp, prime sponsor of Senate Bill 102, which proposed regulations for the industry.

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The status quo leaves all parties unsatisfied.

Without statewide guardrails, local governments are increasingly setting their own rules or temporarily banning the construction of new centers until they can create new code.

That patchwork of rules has created uncertainty for the data center industry, said Dan Diorio, the vice president of state policy for the Data Center Coalition, an industry group. The rules, plus the lack of a tax break, mean Colorado is not an attractive place for new data centers, he said.

“Colorado is not a competitive marketplace, and that is going to continue to remain the case,” Diorio said.

A last-minute effort

The sponsors of the more industry-friendly, incentives-focused bill, House Bill 1030 killed the legislation in the second-to-last week of the session, citing a lack of support. The bill would have given lengthy sales tax exemptions to data center developers that meet certain environmental and energy criteria, but would have imposed no regulations on developers who do not pursue the tax incentive.

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Rep. Alex Valdez, a Denver Democrat and the prime sponsor, declined an interview for this story as he was on vacation. He previously said the failure of the bill meant Colorado would miss out on further data center development and companies would build in other states, like Wyoming.

Lawmakers also attempted to pass tax incentives for the industry in 2024 and 2025, but failed both years.

Kipp, a Larimer County Democrat, tried to push a new version of her bill in the final days of the legislative session but was unsuccessful. The rewritten bill was an attempt at compromise — pairing regulations and data-sharing requirements with a limited tax incentive that companies would have competed for.

Sen. Cathy Kipp participates in a joint House and Senate Democrats caucus meeting at the Colorado State Capitol building in Denver on Thursday, July 31, 2025. (Photo by Hyoung Chang/The Denver Post)

Kipp said she didn’t want any incentives — she questioned the need to write a blank check to some of the richest companies in the world while the state suffers a budget crisis. But she added limited incentives to the bill in the final days as an overture. It wasn’t enough.

“We really tried to thread the needle and worked really hard,” Kipp said. “But we ended up not being able to get where we wanted.”

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The outcome was frustrating, she said, but she was ready to continue the conversation. Kipp already pulled a bill title for a planned attempt next year and will use the rewritten bill as a starting place.

“We’re just going to have to continue talking to people all summer,” she said.

Local action in a state void

The void of statewide rules has prompted a handful of local governments across Colorado to enact moratoriums on all new data center development while they draft their own regulations. Others are considering outright bans.

At least five local governments have imposed temporary moratoriums — and a sixth is considering a ban on large data centers.

The Denver City Council this month unanimously approved a one-year moratorium on new data center development to give city leaders time to craft regulations. The construction of a large data center in northern Denver by the local company Coresite has intensified community calls for regulation — or an outright ban.

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When complete, the company has said the three-building facility will use a maximum of 65 megawatts to 75 megawatts of power at a time — the same amount of power as up to 82,500 homes. The buildings will also require up to 805,000 gallons of water a day to cool the computer systems — the same as 16,100 Denverites’ average daily indoor water use.

The day after Denver’s May 18 vote, Jefferson County commissioners imposed a 10-month moratorium on new data centers. Also Tuesday, the Longmont City Council took a preliminary vote to advance a ban on hyperscale data centers, which it defined as a center with at least 70 megawatts of capacity. The council will make a final decision as early as June.

An overflow of people watches through the windows during a public meeting at Geo Tech Environmental in Denver to discuss community concern about a data center being built in Denver's Elyria-Swansea neighborhood on Tuesday, Feb. 24, 2026. (Photo by AAron Ontiveroz/The Denver Post)
An overflow of people watches through the windows during a public meeting at Geo Tech Environmental in Denver to discuss community concern about a data center being built in Denver’s Elyria-Swansea neighborhood on Tuesday, Feb. 24, 2026. (Photo by AAron Ontiveroz/The Denver Post)



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New charges for Colorado woman who allegedly violated protection orders from jail

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New charges for Colorado woman who allegedly violated protection orders from jail


Investigators in Weld County filed new charges last week against a woman who reportedly made 136 phone calls to the victims of her previous crimes from the jail’s phones. 

Forty-year-old Amy Marcovich violated a court-ordered protection orders by reaching out to those victims, the Weld County Sheriff’s Office stated. 

One of the jail’s deputies first reported a potential violation by Marcovich on June 4, according to the sheriff’s office. The subsequent investigation accuses Marcovich of making a total of 136 calls between March 19 and June 5 while in the jail’s custody. Those calls were allegedly made to two victims who were granted no contact protection orders. 

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In addition to the two counts of protection order violations, the sheriff’s office also filed stalking and harassment charges against Marcovich on Wednesday. She is expected in court in this new case on Monday.

Amy Marcovich following her arrest in March for burglary. Investigators with the Weld County Sheriff’s Office recently leveled new charges against Marcovich for allegedly placing 136 phone calls from the Weld County jail to the alleged victims of her previous crimes.   

Weld County Sheriff’s Office


Marcovich has been jailed since March 19 for an alleged burglary that occurred four days earlier, according to online court records. She is charged with a felony in that case. Marcovich also has an active misdemeanor trespassing case. Court records show that offense occurred two days after the alleged burglary. 

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CBS Colorado is attempting to learn whether those two incidents involve the same property or separate ones.

The judge in Marcovich’s burglary case ordered a competency evaluation on Thursday.



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What the heck is happening in downtown Denver?

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What the heck is happening in downtown Denver?


That was the thinking of The Luzzatto Company, which paid $3.2 million for the two skyscrapers at California and 17th streets a year ago in April. Compared with the buildings’ 2008 sale of $112 million, that’s about 3 cents on the dollar. The plan is to turn the nearly 1 million square feet of underused office space into High Fidelity Plaza, a 700-unit apartment complex filled with urban amenities like a bodega, childcare center and bookstore. It’s also next to a light-rail stop. 

The conversion will cost the Los Angeles investors about $315 million. But thanks to a low-interest $63 million loan from Denver’s Downtown Development Authority — “the minimum necessary to make this economically viable,” president Asher Luzzatto said — it’s a bet worth taking.

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DDA, a quasi-governmental entity to finance downtown improvements, took the wager. The organization had already approved three multimillion dollar loans to private developers for office-to-housing conversions. And the High Fidelity project seemed vital to infusing vibrancy back into the city’s center. 

Tourists, convention goers and local visitors have returned to downtown, especially along 16th Street, which completed a multiyear makeover last fall. Foot traffic is pretty much back to prepandemic levels, reaching 95% of traffic measured in 2019, according to data market researcher Placer.ai provided to the Downtown Denver Partnership, a separate organization that promotes the city’s economic center. 

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But the office market is different. While other major cities are still below their 2019 office occupancy levels, downtown Denver last month had the worst office recovery rate of them all. The city’s reputation as a top place for remote work and downtown’s outdated perception of pandemic insecurity and homeless encampments probably hasn’t helped.

In May, office visits to downtown Denver office buildings were off by 48.4% compared to 2019, according to Placer data, which uses anonymized cellphone data of phones in an office for at least three hours are presumably owned by a worker.  

Funding for all this comes from $570 million in city bonds approved by downtown voters in 2024. And so far, DDA has approved $225 million in loans and grants, mostly to commercial applicants, some small merchants and the city for work to upgrade properties such as the McNichols Building and Civic Center and Skyline parks. Eventually, the loans must be repaid and the DDA must return the money to the city — plus interest.

The way Luzzatto sees it, this isn’t really a risk at all for the city or the future taxpayer dollars funding the loan.

“These aren’t grant monies. They’re loans. So unless the project or the market completely collapses beyond where it’s already collapsed, they (the city) should be really well positioned to both recover the full amount of their investment plus interest,” said Luzzatto, whose company also acquired the two Denver Energy Center buildings at 16th and Broadway last year for $5 million. 

“You ultimately put the onus on developers in private markets, but you also help. You help make the economics make sense ex-ante by providing these lower-interest loans to get the construction going.”

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The public funding is fueling fast decisions. The DDA board has approved at least 16 projects in less than a year. None of the multimillion-dollar loans to commercial developers have been funded, though. That’s largely because projects are still in the planning stage, getting permits and arranging other financing. Downtown’s high office vacancy rates, which include buildings that are no longer actively leasing, continue to rise, according to real estate broker CBRE. The pressure is on.

“We’ve lost, oh, I don’t know, 30, 40% of our employees, particularly in Upper Downtown just through flex work and some companies, many companies downsizing and such,” said Bill Mosher, a consultant to Denver Mayor Mike Johnston who is working with DDA to figure out how to attract more life to Upper Downtown.

pictogram visualization

Mosher’s done this before. In 2008, he helped create the DDA to pay back a $300 million federal loan to renovate Denver Union Station. DDA used a tool called tax increment financing, or TIF, which let the authority borrow money from future downtown property and sales taxes and pay it back in 30 years. The renovated Union Station opened in 2014 with a hotel, the A line to the airport, shops and restaurants. The loan was paid off in 2024.

Bill Mosher, a consultant to Denver Mayor Mike Johnston, in Civic Center Park. (Andy Colwell, Special to The Colorado Sun)

“It got paid off early,” Mosher said. 

And the payoff coincided with the mayor’s plan to use TIF again to solve the economic crisis in downtown. In 2024, the city’s downtown office market was more than 30% vacant. But the emptiness was far greater. Many companies still had leases, but their employees worked remotely, turning downtown office towers into zombie buildings with few people showing up in person. As leases came due, many opted for a smaller footprint, if they renewed at all. Vacancy rates kept rising.

Downtown voters overwhelmingly approved the plan in late 2024 and allowed DDA to tap $570 million in future taxes to invest in the city’s center. The TIF was amended to include Upper Downtown.

The DDA’s plan was straightforward. 

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“We’ve made a goal to try and eliminate over the years about 7 million square feet of vacant or obsolete office space. And we want to do that by either filling them with office workers, which is a challenge right now, or converting space to residential,” Mosher said. “And, you know, people always ask about demolition. We say that’s probably a third choice, but we’re not at the point where we want to buy buildings to tear down.”

But that’s the kind of quandary the city faced. Nobody was stepping up. Downtown restaurants, retailers and the office market were not recovering on their own. 

Denver buys a mall and then some

In December, the Denver City Council gave the DDA its blessing to buy the Denver Pavilions, the shopping mall between Welton Street and Tremont Place, for $37 million. That wasn’t in the plans a year earlier. 

“We had no intention of buying it,” Mosher said. “But if you’re going to focus on 16th Street and you’re going to focus on Upper Downtown and you’re sitting there with a potential foreclosure of Pavilions, it’s not a good situation.”

The 354,407-square-foot mall had shed anchor tenants like Uniqlo, Hard Rock Cafe and Banana Republic. “It had been in a precarious position for almost a year,” Mosher said. Financed in 2016 for $140 million, the Pavilions had an $85 million loan that was past due by the time DDA purchased the mall. The bank hadn’t been paid in six months, Mosher said. 

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“Frankly, the feeling we got from the bank, and the word we got from the bank, is they would sit on it for a couple of years and see what happened with Upper Downtown. And we felt this was a situation that we didn’t want to live with,” Mosher said. “We needed to control our own destiny.”

But most of the recent purchases and loans weren’t done by the city. Those are owned or managed by the DDA. In the case of the Pavilions, DDA was actually eyeing the two parking lots on 15th Street behind the mall, which were owned by another company. Without acquiring those, the city’s mall purchase risked another developer coming in with something else in mind instead of one in simpatico. The two parking lots cost DDA another $22.5 million.

The surface parking lots are active and bring in two-thirds of the mall’s parking revenue. Between retail tenants and the parking, the Pavilions is collecting $3.3 million in net revenue a year. The money is being invested back into the property, including setting aside $3.5 million to repair the underground parking garage — work that had been deferred for four years.

“What’s interesting about the Pavilions is that it’s 38% vacant,” Mosher said. “It’s actually 62% occupied. We’ve got some long-term active tenants.”

It’s desperate situations that are getting DDA’s attention. The owners of the Petroleum Building at 16th and Broadway had been trying to convert the 14-story office tower into housing for five years. In November, the DDA approved a $14 million low-interest loan for the office tower, which when it was built in 1957 housed the oil industry’s Petroleum Club, according to the National Register of Historic Places. 

LEFT: The Petroleum Building on the corner of Broadway and the 16th Street Mall in downtown Denver. (Kathryn Scott, Special to The Colorado Sun) RIGHT: A rendering of what a studio unit layout that would be part of the Petroleum Building’s conversion. (Handout)

Co-owner Tim Borst said he was thrilled to get the DDA funding. Combined with historic tax credits and their own investment and city support, the $70 million project aims to convert offices into 178 residential units with amenities like a yoga and fitness center, a penthouse dog park and gardening spaces. Ironically, there’s been one snafu so far: An office tenant who bought Borst’s coworking business still has a lease and is trying to renegotiate. 

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“Those tax credits, along with the DDA loan, are critical components for the project,” Borst said in an email. “We are in discussions with our final remaining office tenant and expect to have a resolution prior to construction commencement, which is currently anticipated for (January).”

But one DDA project has already fallen off the list. The Symes Building, at 16th and Champa, was approved for a $17 million loan last July. Plans call for converting the historic office building into 116 apartments. Developers had received city approval on their site development plans but then the lender booted them out. If the lender finds a new development partner, the project could return. But for now, it’s on hold for DDA funding.

“We’re not reserving the money,” Mosher said. “They would have to reapply and we would have to consider it. The advantage they have is the site development plan. And if a developer comes along and picks up the existing plans then they can move pretty quickly. We’re really interested in projects that can get going now. We’re not funding projects and saying, if you get your act together in five years, we’ll give you money.”

The plan for the 12-story University Building, at 910 16th St., is to turn the old office building into income-restricted housing. DDA approved a $14.5 million loan in July to convert it into 120 affordable rentals. The project is the furthest along with construction expected to begin in early 2027, according to Mosher.

Grants to give downtown a unique, local vibe

The latest iteration of DDA is still relatively new. Its first awards went out less than a year ago. Many recipients are small business owners, some who’ve already moved forward with expanding their business along 16th Street. 

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Sundae Artisan Ice Cream, which started in Vail in 2016, received a $750,000 DDA loan to expand in Denver. The new store, at 1600 Glenarm Place, officially opened Saturday. 

Over on 16th Street between Welton and California, Jevon Taylor has already received a half year of rent money from his DDA grant of $4.2 million. Taylor is taking over the ground floor of two buildings for Green Spaces Market, which will include artists and local vendors and food. It’s charging below-market rents. 

“We couldn’t do this without a grant,” said Taylor, who had operated a coworking space and marketplace in Five Points. “We’re also trying to push the needle and provide viable options for these kinds of opportunities to exist. My goal with this is to get beyond the five years we’re guaranteed (rent) and figure out how we can expand this to a larger footprint and longer term lease.”

The market is expected to open in September. As of May, all the spaces have been leased, including a spot to Konjo, which plans to open its third and largest Ethiopian eatery, he said.

“I think Denver is one of the only cities that is doing it on this level,” said Taylor, who’s also known for the False Ego fashion label. “I mean you see things like Kansas City, where the World Cup is coming and they’re giving two months of free rent to businesses. I think that’s absolute BS. I’m glad that Denver is giving us the opportunity to do this for a five-year span and letting us pilot this.”

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City’s spending on office conversions so far? “Not much.”

The larger loans for commercial conversions are still waiting for projects to get further along with building permits and additional financing. 

“Not much of it has been spent, frankly,” Mosher said. “Think of us as a bank. The High Fidelity project is a good example. We’re requiring their first lender and the DDA to go in together on the loan. So we won’t spend any money on the High Fidelity project until potentially 2028. It could be under construction and the developer’s equity is being spent before we come in with our money.”

The $570 million TIF doesn’t mean DDA has access to all that money at once. It’s based on collected sales and property tax revenues, so even the authority must consider how much more to loan based on the likelihood of being able to pay it back. 

The DDA has received 100 project proposals. Of those, 67 were ineligible or not selected, seven are on hold or missing information, 16 were awarded grants or loans and 10 are still in review.

“There aren’t many cities that have the resources of the DDA to help their downtown,” Mosher said. “That being said, the overall amount of money is not a lot. I mean, just look at $60 million going to 700 housing units. It’s expensive and so all we’re trying to do is get the market going in the right direction, give a couple of examples of things that can work and then hopefully the private market takes over.” 

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Similar efforts are happening in other cities that experienced a mass exodus of office workers in the pandemic. Dallas, which has used TIFs for decades to encourage growth, increased funding to developers in 2022 after watching companies move to its suburbs, according to a Pew Charitable Trusts report. In October, the Dallas City Council agreed to provide $103 million to redevelop the city’s tallest office building into a hotel. 

Why isn’t the downtown office market filling back up? Two words: remote work.

Denver’s low recovery rates has also been attributed to its “remote-friendly labor market,” said market researcher Placer, which ranked the city as having the worst pandemic office-recovery rate. Last month’s office visits were off by 48.4% compared with May 2019. Miami, the closest to a full recovery, was off by 11%.

But the city and state has long had a higher share of remote workers than all other states, according to U.S. Census data. It was that way in 2019, when 8.3% of workers said they worked some or all of their days at home. And it was that way in 2024, when “work at home” jumped to 22.9%.

Washington, D.C., took the lead in 2024, but Colorado was still the top state. 

The state’s large of work-from-home force is largely thanks to the Denver, Boulder and the Fort Collins metro areas. Boulder had the highest rate of work-from-home population in 2019 and 2024, at 13.7% and 28.7%, respectively, out of nearly 400 metro areas nationwide. Denver ranked fourth in both years, at 9.1% and 22.6%. Fort Collins, ranked seventh, had doubled to 20.9%. The U.S. average was 5.7% in 2019 and 13.3% in 2024.

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Postpandemic was indeed different in Denver, said Kourtny Garrett, president of the Downtown Denver Partnership, which promotes the city’s economic center. Garrett pushed for city intervention to help distressed landlords and small businesses that suffered as 16th Street spent more than three years under construction. It reopened last fall.

“Tech and government were two of our primary employers in downtown Denver and are also the two (with) the slowest to return to the office,” Garrett said. “Also, because of 16th Street construction, when a lot of downtowns were starting to see offices opening up and employees coming back, we had over a mile of our downtown under construction. … We’re enjoying the fruits of that construction today.”

Local experts say that now six years after the pandemic began, companies have figured out remote work. Many employers kept hybrid schedules, including the city of Denver, which expects its 14,280 employees to come in three days a week, though a recent HR survey found that 64% were showing up five days a week, a city spokesperson said.

Office leasing activity for commercial brokerage firm CBRE is “incredibly busy,” said Allison Berry, a senior vice president at CBRE in Denver. Tenants want the newest and nicest office spaces and always have, she said. “The vacancy rate is high in Denver because we have a lot of aging product.”

At the end of the first quarter, CBRE data had the city’s total vacancy rate at 38.9%, creeping up from 36.9% a year earlier. The vacancy rate includes buildings slated for apartment conversion or other non-office uses. 

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Remove those, Berry said, “and that obviously has an impact on our vacancy rate,” she said. Her back-of-the-napkin math on that would drop the downtown vacancy rate at least a few percentage points. Of course, she added, “It’s not just an issue for Denver. We’re just a smaller city so every tenant, every large tenant, has a huge impact on our vacancy rate.”

But there’s not enough public money to save every old building.

In April, the DDA board rejected a project from Revesco Properties, a Denver real estate investment firm that purchased Elitch Gardens with Kroenke Sports and Entertainment more than a decade ago. Revesco’s pitch was to get a DDA loan to turn the 16-story office tower at 475 17th St. into apartments. It was rejected because of the overall cost.

DDA officials said the project asked for nearly twice the amount of other approved conversion projects, much higher than the 20% maximum as outlined in the authority’s policy.

There’s a chance the proposal can be restructured to better fit the DDA’s objectives, so Revesco president and CEO Rhys Duggan doesn’t call it dead yet. 

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“But these projects are financially challenging and they’re expensive. Ironically, they’re less expensive than new build projects, but they still take a fair amount of government assistance to get them going,” Duggan said. “What we learned through COVID was that when office workers stopped showing up, we were over-officed downtown and we were under-residentialed downtown. We need bodies downtown, not just 9-to-5 bodies.”

Denver’s office market isn’t actually dead

The city still needs offices downtown, so developers have stepped up.

In February, the Florida-based commercial real estate company CP Group grabbed the massive Denver Place complex for $47.5 million. Occupying the entire block at 999 18th St., the nearly 1 million-square-foot building was essentially purchased at a 75% discount, though the deal wasn’t as much of a fire sale as it may seem. 

“We like the Denver market a lot,” said Angelo Bianco, CP Group’s managing partner whose company first became a local landlord when it purchased the nearby Granite Tower five years ago. “The Denver market has been suffering severely for a while. As a business model, we look to buy assets when they or the markets are what I call broken, with air quotes around broken.”

CP Group’s plan is to invest another $20 million into Denver Place and add amenities that potential tenants actually want. That includes a gym with towel service, indoor/outdoor tenant lounges and a place to buy food “because in our entire 21 million-square-foot portfolio, that’s the number one request,” Bianco said. “And we subsidize all vendors because you do not make money on the amenities. You make money because of the amenities.” 

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It’s not a blind gamble. Bianco said he is motivated by the city’s highly educated workforce, the city’s reputation for worst return-to-office recovery (he believes there will be a big turnaround soon), and the public and private push to convert aging office towers into other uses. 

“We’re a very good buyer, and so we’re able to close during really tough times,” Bianco said in an interview in early February. “Right now is a terrible time to sell any office in any market.”





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Colorado wildlife officers kill gray wolf linked to attacks on 22 sheep

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Colorado wildlife officers kill gray wolf linked to attacks on 22 sheep


Colorado Parks and Wildlife officials on Friday killed a gray wolf that attacked 22 sheep on the Western Slope since last summer, agency officials said.

After Parks and Wildlife agents “lethally removed” the uncollared gray wolf in Routt County, agency officials were able to confirm it was the same wolf that attacked livestock in Rio Blanco County in 2025 and early 2026.

Most recently the wolf attacked two sheep in Routt County on Wednesday and Thursday, state officials said in a news release Saturday.

Agency leaders did not specify whether all of the sheep attacks were fatal, and spokesperson Luke Perkins said more information will be included in a final report published on Parks and Wildlife’s website.

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Ranchers tried to deter the wolf by sending out range riders, using livestock guardian dogs and “scare devices,” having herders present with the sheep and applying for non-lethal hazing permits, state officials said.

The ranchers worked with the wildlife agency to use “all viable and reasonable non-lethal tools and techniques” to stop the attacks, Parks and Wildlife Director Laura Clellan said in a statement.

“The decision to pursue lethal actions is never an easy one, but the circumstances around this wolf’s repeated depredation history made this a difficult but necessary decision,” Clellan said.

The wolf was originally part of the Copper Creek Pack but has not been part of the pack since September 2024, state officials said.

Colorado’s handling of gray wolf reintroduction has remained in the spotlight since voters approved the measure in 2020.

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