Rags Over the Arkansas River, Inc. v. Colorado Parks & Wildlife Board

JUDGE DAILEY,

specially concurring.

(73 I concur in the judgment but on grounds different from those relied on by the majority.

74 The majority upholds the Board's action,1 concluding that, although the Board erred in approving the Project via a cooperative agreement, its error was harmless. Unlike the majority, I would hold that the Board did not err in the first place.

T75 As the Board admits, the Project qualified as a special activity within the meaning of the special activities regulation, see Dep't of Natural Res., 2 Code Colo. Regs. 405-1:101(a) & 405-7:708(1). But, as the Board and…