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

2. 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?

3. 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

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

5. 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

6. 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?

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

8. 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

9. 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

10. Alyssa Clarida Western Region Field Representative
Colorado State Conservation Board
(970)