Open Records Requests Protecting Landowner’s Private Information Alyssa Clarida Colorado State Conservation Board

Conservation Districts Conservation Districts are subdivisions of the State of Colorado Special Districts Publicly funded Subject to Colorado Open Records Act Working with landowners -- sensitive private information What are the implications?

Colorado Open Records Act (CORA) Requires that most public records be available to the public Transparency & Open Government Anyone can make an Open Records Request Entity must respond in 3 business days Must make an effort to respond in a thorough and comprehensive manner Can request clarification or discussion of scope If no response, can abandon the request

Conservation District Records Meeting Minutes Budgets, Planning Documents, Business Information Historic District Records Landowner Information Technical Assistance Information Property Maps Property Inventory Photography

Eagle County Conservation District CORA Request Ditch Inventory Project Funded by Colorado Water Conservation Board grant funds Gained landowner permission to complete project Assured privacy of information Contracted Engineers -- produced inventory binders for each property

Eagle County Conservation District CORA Request Reporter investigating privacy of consumptive water users Submitted CORA request to Conservation District No project information in possession besides project summary Deemed Insufficient Spiraled up the chain Question: Should this information be subject to CORA if it is not on site, private information, funded by taxpayer dollars?

Final Answer: NO! Confidential Commercial Information Similar to Proprietary Information or Trade Secrets Sensitive private data not subject to CORA Redact!

Prevention, Preparation, Policy Equip State Agency to be informed on relevant Open Records Act Educate districts on their position as a public entity that works with private information ENCOURAGE DISTRICTS ADOPT OPEN RECORDS POLICY! Procedure for dealing with a request, non-permanent record destruction procedure, internal action plan Prepare for public relations issues that may arise

Takeaways Conservation Districts have a duty to serve their landowners, they must do so while ensuring the protection of landowner’s private information and livelihoods Maintain trust between district and landowners Divide between general public and agricultural sector Especially contentious in the West regarding water Importance of Public Education and PR Open Records Statutes are an important tool used to ensure transparent and trustworthy governments, districts should be prepared to honor them while serving their landowners productively and safely

Alyssa Clarida Western Region Field Representative Colorado State Conservation Board alyssa.clarida@state.co.us (970)985-2510