C.R.S. § 34-22-112 — CO Code / Title 34 / Article 22 / Section 34-22-112
34-22-112. Examinations - applicant qualifications
Status: in_force

34-22-112. Examinations - applicant qualifications. (1) All candidates for examination for certification shall demonstrate at the time of the examination satisfactory eyesight and hearing consistent with the practice and needs of the coal mining industry.

(2) Every applicant for certification as a mine foreman shall produce evidence satisfactory to the board of not less than three years' experience in mines or in operations determined by the board to be equivalent to coal mines. The experience of an applicant intending to work in underground mines must be in underground mining. The experience of an applicant intending to work in surface mining must be in surface mining.

(3) A person who holds a college degree in engineering, which degree is determined by the board to be acceptable and suited to the intent and purpose of this article 22, who satisfies the board that the person has at least one year of actual and satisfactory experience in the operation of underground coal mines, including experience in mining, timbering, haulage, drainage, and ventilation and including experience in the capacity of mining engineer, is eligible for examination as a mine foreman in underground coal mines.

(4) Every applicant for a fire boss certification shall provide evidence satisfactory to the board that he has at least three years' experience in gassy underground mines, one year of which will be in an underground coal mine.

(5) (a) Every applicant for a certificate of competency as a mine electrician shall have at least one year's experience in coal mines or noncoal mines or other electrical experience and:

(I) Shall have been qualified as a coal mine electrician by another state that has a coal mine electrical qualification program equivalent to that of this state or a state program approved by the United States secretary of labor or his authorized representative; or

(II) Shall be determined to be a person qualified to perform electrical work in underground or surface coal mines by the United States secretary of labor or his authorized representative; or

(III) Shall be qualified by training, education, and experience to perform electrical work, maintain electrical equipment, and conduct examinations and tests of electrical equipment.

(b) In the case of an applicant for a certificate of competency as an underground coal mine electrician, the requisite one year's experience shall be in underground mines.

(c) All certified coal mine electricians shall attend annually an approved electrical retraining class to retain said certification.

(6) Every applicant for certification as a shot-firer must have experience as defined by the board.

(7) All hoistmen working in coal mines must be certified as follows:

(a) Applicants must have experience and training as approved by the board or the United States mine safety and health administration.

(b) (Deleted by amendment, L. 96, p. 378, § 3, effective July 1, 1996.)
C.R.S. § 34-60-140 — CO Code / Title 34 / Article 60 / Section 34-60-140
34-60-140. Ownership of geologic storage resources and injection carbon dioxide - legislati
Status: reserved

34-60-140. Ownership of geologic storage resources and injection carbon dioxide - legislative declaration. (1) The general assembly declares that this section is intended to allow for the permanent use of geologic storage resources for geologic storage operations and is not intended to impact the use or ownership of the subsurface for conjunctive use of surface and groundwater resources, artificial recharge, storage, and extraction intended to maximize utilization of water for beneficial use or other operations.

(2) (a) Except as set forth in subsection (5) of this section:

(I) If ownership of the sequestration estate has not been separately severed, conveyed, or reserved pursuant to subsection (2)(b) of this section, it is presumed that ownership of the sequestration estate in the state is vested in the owner of the overlying surface estate; and

(II) Ownership of injection carbon dioxide and the facilities and equipment that store injection carbon dioxide in the state is vested in:

(A) The person that injects the injection carbon dioxide into a geologic storage resource; or

(B) Any person conveyed title to the injection carbon dioxide or the facilities and equipment that store the injection carbon dioxide by the person described in subsection (2)(a)(II)(A) of this section.

(b) Ownership of a sequestration estate may be:

(I) Severed from the ownership of the overlying surface estate; and

(II) Conveyed or reserved in the same manner as ownership of a mineral estate.

(3) Any conveyance of the ownership of an overlying surface estate also conveys all of the grantor's ownership of any sequestration estate unless:

(a) The conveyance instrument expressly reserves the sequestration estate, including by broad reservation of pore space; or

(b) The sequestration estate has been previously severed, by reservation or conveyance, from the ownership of the overlying surface estate.

(4) A conveyance of the ownership of a mineral estate or another subsurface interest does not convey the grantor's ownership in the sequestration estate unless the conveyance instrument expressly provides for conveyance of the grantor's ownership of the sequestration estate.

(5) Notwithstanding any provision of law to the contrary, nothing in this section:

(a) Affects any ownership or rights to pore space, a sequestration estate, or injection carbon dioxide or to facilities and equipment that store injection carbon dioxide that are acquired or reserved before May 21, 2024;

(b) Changes or alters the common law as of May 21, 2024, as it relates to the ownership of real property, including surface estates, pore space, or a mineral estate, or to the rights or dominance of a mineral estate;

(c) Affects the ability of an owner of pore space to:

(I) Broadly convey or reserve all of the owner's right, title, and interest in and to pore space, including the owner's interest in a sequestration estate; or

(II) Convey or reserve any right, title, or interest in and to estates in pore space other than the sequestration estate; or

(d) Affects the ownership or rights to pore space or a sequestration estate within the exterior boundaries of an Indian reservation located within the state.
C.R.S. § 34-21-103 — CO Code / Title 34 / Article 21 / Section 34-21-103
34-21-103. Head of office of active and inactive mines - appointment - staff
Status: in_force

34-21-103. Head of office of active and inactive mines - appointment - staff. (1) The director shall, subject to the provisions of section 13 of article XII of the state constitution, appoint the head of the office of active and inactive mines, subject to the supervision and control of the director. The head of the office of active and inactive mines shall have knowledge of mine health and safety practices, an understanding of mining technologies, and reclamation practices.

(2) The director may hire such competent persons, including authorized representatives, as the director deems necessary and proper for carrying out the purposes of articles 20 to 24, 32, and 33 of this title, and such persons shall comprise the office staff.
C.R.S. § 34-51-110 — CO Code / Title 34 / Article 51 / Section 34-51-110
34-51-110. Contracts - corporate power
Status: in_force

34-51-110. Contracts - corporate power. All contracts and conveyances of a mine drainage district shall be in its corporate name, but corporate powers shall be exercised by the board of supervisors provided for in section 34-51-111.
C.R.S. § 34-51-105 — CO Code / Title 34 / Article 51 / Section 34-51-105
34-51-105. Proceedings after petition is filed
Status: in_force

34-51-105. Proceedings after petition is filed. All owners of mining claims or parties interested therein, including encumbrancers, shall have the right to appear and plead to such petition, and if any material allegations of the same are traversed, the issue shall be tried to the court as in equity cases, and if default is made and no traverse or other objection to the petition filed, the court shall nevertheless require proof of all the material allegations of the petition.
C.R.S. § 34-51-106 — CO Code / Title 34 / Article 51 / Section 34-51-106
34-51-106. Change of boundaries
Status: in_force

34-51-106. Change of boundaries. The boundaries of the proposed district shall not necessarily be the same as those stated in the petition, and the court may diminish but shall not enlarge the same.
C.R.S. § 34-61-108 — CO Code / Title 34 / Article 61 / Section 34-61-108
34-61-108. Violation - penalty - disposition of fines
Status: in_force

34-61-108. Violation - penalty - disposition of fines. Any person who violates any of the provisions of this article 61 commits a class 2 misdemeanor. In all cases where fines are collected, one-half of the amount shall be paid to the treasury department and be placed to the credit of the general fund.
C.R.S. § 34-21-108 — CO Code / Title 34 / Article 21 / Section 34-21-108
34-21-108. Report of director
Status: in_force

34-21-108. Report of director. (1) The director shall report to the executive director of the department of natural resources at such times and on such matters as the executive director requires.

(2) The director is authorized to make researches and studies as appropriations may be made therefor and as he deems necessary to the mining industry in the state, but the researches and studies shall not duplicate the work of other state and federal agencies.

(3) Materials prepared under the authority of this section or any other materials of the office of active and inactive mines of the state of Colorado circulated in quantity outside the department shall be issued subject to the approval and control of the executive director of the department of natural resources.
C.R.S. § 34-24-107 — CO Code / Title 34 / Article 24 / Section 34-24-107
34-24-107. Danger signals - operator's duty
Status: in_force

34-24-107. Danger signals - operator's duty. When operations are temporarily suspended in a mine, the operator shall see that danger signals are placed across the mine entrances, which signals shall be a warning for persons not to enter said mine. If the circulation of air through the mine is stopped, each entrance to said mine shall be closed off in such a manner as will ordinarily prevent persons from entering said mine, and a danger signal shall be displayed upon each entrance until such time as the ventilation is restored and the mine has been examined by a properly authorized representative. The mine foreman shall see that all danger signals used in said mine are in good condition.
C.R.S. § 34-51-113 — CO Code / Title 34 / Article 51 / Section 34-51-113
34-51-113. Selection of system
Status: in_force

34-51-113. Selection of system. Said board shall determine upon a system of mine drainage for the district, either by gravity, power, or by both combined, and to assess the cost thereof upon the property to be benefited thereby.
C.R.S. § 34-22-104 — CO Code / Title 34 / Article 22 / Section 34-22-104
34-22-104. Board of examiners - meetings - examinations
Status: in_force

34-22-104. Board of examiners - meetings - examinations. (1) The board shall, by majority vote of all members, elect its chairman from among its members. The executive director of the department of natural resources, or a designee of the executive director, shall serve as administrator to the board. The office of active and inactive mines shall provide such assistance as may be necessary to the board in the performance of its duties. The board of examiners shall meet every year or more frequently, if necessary, at times and places designated by the chairman.

(2) Examinations for certifications shall be given at such times as determined by the board to applicants for certificates of competency and at places to be determined by the division. Determination of the date and location of an examination shall be announced at least thirty days preceding the examination.
C.R.S. § 34-33-136 — CO Code / Title 34 / Article 33 / Section 34-33-136
34-33-136. Water rights
Status: in_force

34-33-136. Water rights. Nothing contained in this article shall be construed to affect or impair the rights and obligations attendant upon the ownership of water rights under Colorado water law.
C.R.S. § 34-60-125 — CO Code / Title 34 / Article 60 / Section 34-60-125
34-60-125. Mitigation of adverse environmental impacts
Status: repealed

34-60-125. Mitigation of adverse environmental impacts. (Repealed)
C.R.S. § 34-33-108 — CO Code / Title 34 / Article 33 / Section 34-33-108
34-33-108. Rules and regulations - no more stringent
Status: repealed

34-33-108. Rules and regulations - no more stringent. (1) On July 1, 1979, the board shall commence development of reasonable rules and regulations respecting the administration and enforcement of this article and, in conformance therewith, shall promulgate such reasonable rules and regulations pursuant to the provisions of section 24-4-103, C.R.S. Rules and regulations promulgated pursuant to this article shall be no more stringent than required to be as effective as the federal "Surface Mining Control and Reclamation Act of 1977", as amended and federal regulations thereunder, unless the board makes a specific finding that either protection of the public safety or the environment requires a more stringent regulation. Nothing in this subsection (1) shall supercede rules in effect prior to May 29, 1992.

(2) Any rule or regulation promulgated by the board which is required by a federal law, rule, or regulation shall become repealed and shall not be enforced when said federal law is repealed or said federal rule or regulation is deleted or withdrawn. Any provision of a permit issued under this article that is required by any rule of the board which is repealed in accordance with this subsection (2) shall not be enforceable. The repeal of such rule or regulation shall become effective ninety days after publication of the repeal in the federal register but, upon request, will be subject to a rule-making hearing by the board as set forth in article 4 of title 24, C.R.S.
C.R.S. § 34-24-104 — CO Code / Title 34 / Article 24 / Section 34-24-104
34-24-104. Employees - age
Status: in_force

34-24-104. Employees - age. No person under eighteen years of age shall be employed in or about a mine except in office, janitorial, or food service capacities or other nonextraction, preparation, or production activities on the surface of such mine.
C.R.S. § 34-50-102 — CO Code / Title 34 / Article 50 / Section 34-50-102
34-50-102. Costs prorated
Status: in_force

34-50-102. Costs prorated. Any parties so related, failing to comply with section 34-50-101 for the drainage of the mines owned or occupied by them, thereby imposing an unjust burden upon neighboring mines, whether owned or occupied by them, shall pay respectively to those performing the work of drainage, their proportion of the actual and necessary costs and expenses of doing such drainage to be recovered by an action in any court of competent jurisdiction.
C.R.S. § 34-43-103 — CO Code / Title 34 / Article 43 / Section 34-43-103
34-43-103. Lode claim certificate - contents
Status: in_force

34-43-103. Lode claim certificate - contents. (1) The discoverer of a lode, within three months from the date of discovery, shall record his claim in the office of the recorder of the county in which such lode is situated, by a location certificate, which shall contain:

(a) The name of the lode;

(b) The name of the locator;

(c) The date of location;

(d) The number of feet in length claimed on each side of the center of the discovery shaft;

(e) The general course of the lode as near as may be.
C.R.S. § 34-32-124 — CO Code / Title 34 / Article 32 / Section 34-32-124
34-32-124. Failure to comply with conditions of order, permit, or regulation
Status: in_force

34-32-124. Failure to comply with conditions of order, permit, or regulation. (1) Whenever the board or the office has reason to believe that there has occurred a violation of an order, permit, notice of intent, or regulation issued under the authority of this article, written notice shall be given to the operator or prospector of the alleged violation. Such notice shall be served personally or by certified mail, return receipt requested, upon the alleged violator or the alleged violator's agent for service of process. The notice shall state the provision alleged to be violated and the facts alleged to constitute the violation and may include the nature of any corrective action proposed to be required.

(2) (a) If the board determines that there exists any violation of any provisions of this article or of any notice, permit, or regulation issued or promulgated under authority of this article, the board may issue a cease-and-desist order. Such order shall set forth the provisions alleged to be violated, the facts alleged to constitute the violation, and the time by which the acts or practices complained of must be terminated and may include the nature of any corrective action proposed to be required. Such order shall be served personally or by certified mail, return receipt requested, upon the alleged violator or the violator's agent for service of process.

(b) Any costs incurred by the board or office in carrying out corrective action pursuant to this section may be assessed against the violator. The board may also assess additional costs against the violator for any inordinate expenditure of board or office resources necessitated by the administration of such corrective action.

(3) In the event any operator fails to comply with a cease-and-desist order issued by the board, the board or the office may request the attorney general to bring suit for a temporary restraining order, a preliminary injunction, or a permanent injunction to prevent any further or continued violation of such order. Suits under this section shall be brought in the district court where the alleged violation occurs. If the board or the office determines that the situation is an emergency, the emergency shall be given precedence over all other matters pending in such court.

(4) The board or the office may require the alleged violator to appear before the board no sooner than twenty days after the issuance of such cease-and-desist order; except that an earlier date for hearing may be requested by the alleged violator.

(5) If a hearing is held pursuant to the provisions of this section, it shall be open to the public and conducted in accordance with the provisions of the "State Administrative Procedure Act", article 4 of title 24, C.R.S. The board shall permit all parties to respond to the notice served, to present evidence and arguments on all issues, and to conduct cross-examination required for a full disclosure of the facts.

(6) (a) Upon a determination, after hearing, that a violation of a permit provision has occurred, the board may suspend, modify, or revoke the pertinent permit.

(b) If the board suspends or revokes the permit of an operator, the operator may continue mining operations only for the purpose of bringing the mining operation into satisfactory compliance with the provisions of the operator's permit. Once such operations are completed to the satisfaction of the board, the board shall reinstate the permit of the operator.

(7) Any person who violates any provision of any permit issued under this article shall be subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day during which such violation occurs; except that any operator who operates under a permit issued under section 34-32-110 shall be subject to a civil penalty of not less than fifty dollars nor more than two hundred dollars per day for each day during which such violation occurs.
C.R.S. § 34-60-110 — CO Code / Title 34 / Article 60 / Section 34-60-110
34-60-110. Witnesses - suits for violations
Status: in_force

34-60-110. Witnesses - suits for violations. (1) The commission has the power to summon witnesses, to administer oaths, and to require the production of records, books, and documents for examination at any hearing or investigation conducted by it. No person shall be excused from attending and testifying, or from producing books, papers, and records before the commission or a court, or from obedience to the subpoena of the commission or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. Nothing in this section shall be construed as requiring any person to produce any books, papers, or records, or to testify in response to any inquiry not pertinent to some question lawfully before the commission or court for determination. No natural person shall be subject to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which, in spite of his objection, he may be required to testify or produce evidence, documentary or otherwise, before the commission or court, or in obedience to a subpoena; but no person testifying shall be exempted from prosecution and punishment for perjury in the first degree committed in so testifying.

(2) In case of failure or refusal on the part of any person to comply with a subpoena issued by the commission, or in case of the refusal of any witness to testify as to any matter regarding which he may be interrogated, any district court in the state, upon the application of the commission, may issue an order for such person and compel him to comply with such subpoena, and to attend before the commission and produce such records, books, and documents for examination, and to give his testimony. Such court has the power to punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify therein.
C.R.S. § 34-54-101 — CO Code / Title 34 / Article 54 / Section 34-54-101
34-54-101. Definitions
Status: in_force

34-54-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Person" means any person, partnership, association, or corporation.
C.R.S. § 34-45-106 — CO Code / Title 34 / Article 45 / Section 34-45-106
34-45-106. Who is deemed owner
Status: repealed

34-45-106. Who is deemed owner. (Repealed)
C.R.S. § 34-50-109 — CO Code / Title 34 / Article 50 / Section 34-50-109
34-50-109. Evidence to be considered by court
Status: in_force

34-50-109. Evidence to be considered by court. In the trial of cases arising under this article, the court shall admit evidence of the normal stand or position of the water while at rest in an idle mine; also the observed prevalence of a common water level or a standing water line in the same or separate lodes; also the effect, if any, the elevating or depressing the water by natural or mechanical means in any given lode has upon elevating or depressing the water in the same contiguous or separate lodes or mines; also the effect which draining or ceasing to drain any given lode or mine had upon the water in the same or contiguous or separate lodes or mines, and all other evidence which tends to prove the common ingress or subterraneous communication of water into the same lode or mine, or contiguous or separate lodes or mines.
C.R.S. § 34-43-114 — CO Code / Title 34 / Article 43 / Section 34-43-114
34-43-114. Affidavit of annual labor, improvements, or payment of federal claim rental fee
Status: repealed

34-43-114. Affidavit of annual labor, improvements, or payment of federal claim rental fee - effect of filing - repeal. (1) On or before December 30th of each year following the end of any set time or annual period allowed for the performance of labor or making improvements upon any lode claim or placer claim, or for the payment of an annual claim rental fee as required by federal law in lieu of such work or improvements, the person on whose behalf such outlay was made, or such person's representative, may make and record in the office of the recorder of the county wherein such claim is situate an affidavit in substance as follows:

STATE OF COLORADO )

) ss.

County of .....................................)

Before me, the subscriber personally appeared ............, who, being duly sworn, saith that at least ........ dollars [worth of work or improvements were performed or made upon] [claim rental fee as required by federal law was paid upon] (here describe claim or part of claim), situate in .............. mining district, county of .............., state of Colorado, between the .............. day of .............., A.D..., and the .... day of .............., A.D.... Such expenditure was made by or at the expense of .............., owners of said claim, for the purpose of complying with the law, and holding said claim.

Jurat:

(Signature) ......................................

(2) Such affidavit when recorded shall be prima facie evidence of the performance of such labor or the making of such improvements or the payment of such annual claim rental fee. The original thereof, or a certified copy of the record of the same, shall be received as evidence accordingly by the courts of this state, and this class of evidence shall be receivable, where relevant or material, in all causes.

(3) (a) The fee for recording the affidavit described in subsection (1) of this section is set forth in section 30-1-103 (2)(m), C.R.S.

(b) This subsection (3) is repealed, effective July 1, 2025.
C.R.S. § 34-42-101 — CO Code / Title 34 / Article 42 / Section 34-42-101
34-42-101. Mining district records - filed
Status: in_force

34-42-101. Mining district records - filed. A copy of all the records, laws, and proceedings of each mining district, insofar as they relate to lode claims, shall be filed in the office of the county clerk and recorder of the county in which the district is situated, within the boundaries of the mining district attached to the same, which shall be taken as evidence in any court having jurisdiction in the matters contained in such record or proceeding. All such records of deeds and conveyances, laws, and proceedings of any mining district filed in the county clerk and recorder's office of the proper county prior to November 7, 1861, and transcripts thereof duly certified, whether such records relate to gulch claims, lode claims, building lots, or other real estate, shall have the like effect as evidence.
C.R.S. § 34-54-104 — CO Code / Title 34 / Article 54 / Section 34-54-104
34-54-104. Preservation of memorandum
Status: in_force

34-54-104. Preservation of memorandum. Every person required to receive a memorandum under the provisions of this article shall carefully preserve the same for a period of at least twelve months.
C.R.S. § 34-61-101 — CO Code / Title 34 / Article 61 / Section 34-61-101
34-61-101. Boreholes penetrating coal seams
Status: in_force

34-61-101. Boreholes penetrating coal seams. It is the duty of the owner, or person in charge of any borehole that penetrates any workable coal seam or any accessible or inaccessible coal mine excavation, to notify the energy and carbon management commission created in section 34-60-104.3 (1) of the location of the borehole by designating the particular five-acre subdivision of the land section on which the borehole is situated, and the depth and thickness of every workable coal seam or accessible or inaccessible coal mine excavation penetrated by the borehole. On receipt of such notification, the energy and carbon management commission shall at once notify the coal mining regulatory authority.
C.R.S. § 34-24-105 — CO Code / Title 34 / Article 24 / Section 34-24-105
34-24-105. Opening or abandonment of mine - maps
Status: in_force

34-24-105. Opening or abandonment of mine - maps. (1) It is the duty of the operator of every mine to notify the director prior to the opening of any mine or the abandonment of any mine.

(2) Before a mine is abandoned or closed, the owner shall make a complete survey of all workings not represented on the maps and plans of such mine, and he shall enter the results on the maps to show the most advanced workings in the mine in relation to the boundary of the property. The owner shall file a copy of the updated map with the division.
C.R.S. § 34-25-101 — CO Code / Title 34 / Article 25 / Section 34-25-101
34-25-101. Jurisdiction of the courts
Status: in_force

34-25-101. Jurisdiction of the courts. District courts in their respective districts have original jurisdiction upon information or indictment in all prosecutions for violations of this title.
C.R.S. § 34-31-101 — CO Code / Title 34 / Article 31 / Section 34-31-101
34-31-101. Tunnels - rights-of-way - condemnation
Status: in_force

34-31-101. Tunnels - rights-of-way - condemnation. (1) The owner or his agent of any coal lands lying on two or more sides of the property of another shall have the right to enter and cross such adjoining or intermediate claims or property with such drifts, tunnels, and crosscuts as may be necessary for the practical or economical mining and development of his own property and for the purpose of extracting and removing coal therefrom. Such drifts, tunnels, crosscuts, and entries for the mining and development of coal shall not exceed six hundred sixty feet in length and shall not enter or cross any adjoining or intermediate claims or property which are operated at the time of entry or may reasonably be expected to be operated in the future either as a coal mine or as a part of an operating coal mine.

(2) Neither shall such drifts, tunnels, crosscuts, or entries for coal mining enter a seam of coal which it may reasonably be expected will be operated or mined in the future. Any such drifts, tunnels, crosscuts, or entries driven for the development of coal lands or which cross coal lands must conform to all pertinent laws relating to coal mines, and in no event shall such tunnels, drifts, crosscuts, or entries for coal mining be driven or maintained across any intermediate property if they interfere with the operation of said intermediate claim or property, nor if such drifts, tunnels, crosscuts, or entries for coal mining will interfere with the ventilation of any operations then or thereafter to be conducted in said intermediate property, nor if said drifts, tunnels, crosscuts, or entries for coal mining will damage the surface of said intermediate property or any seams of coal lying above said drifts, tunnels, crosscuts, or entries. In the construction of such drifts, tunnels, crosscuts, or entries for coal mining, no barrier pillars may be removed or destroyed without the consent of the owners of such barrier pillars.

(3) In the event such drifts, tunnels, crosscuts, or entries pertain to the development of coal lands or cross intermediate coal lands, they shall be subject to all pertinent laws and regulations relating to coal mines. When any such owner and the owners of such adjoining property through which such owner desires to pass under the terms of this article shall be unable to agree upon the terms and conditions and purchase price of rights-of-way for such necessary drifts, tunnels, and crosscuts, then the owner seeking to exercise the rights granted in this section may exercise the rights of eminent domain and condemn a right-of-way into, across, and through such intermediate or adjacent lands such as may be necessary for the practical and economical working of his own property, and such rights-of-way shall be deemed and are hereby declared to be private ways of necessity.

(4) The value of the property taken in condemnation proceedings shall include, among other things, the value in place of the coal which will be mined or removed in the construction of any drift, tunnel, crosscut, or entry, and also the value of any coal which the owners thereof have a right to mine or remove and which by reason of the construction and operation of such drifts, tunnels, crosscuts, or entries cannot be removed with due regard to the safety or convenience of the operations of such mine or part of such mine. Customary charges for use through said private way of necessity for haulage purposes shall be assessed on each ton of coal received through said private way of necessity.
C.R.S. § 34-60-117 — CO Code / Title 34 / Article 60 / Section 34-60-117
34-60-117. Prevention of waste - protection of correlative rights
Status: in_force

34-60-117. Prevention of waste - protection of correlative rights. (1) The commission has authority to prevent waste and protect correlative rights of all owners in every field or pool, and when necessary shall limit the production of oil and gas in any field or pool in the exercise of this authority.

(2) If the commission limits the total amount of oil or gas which may be produced in any pool in this state to an amount less than that amount which the pool could produce if no restriction were imposed, the commission shall allocate or distribute the allowable production among the several wells or producing properties in the pool on a reasonable basis, preventing or minimizing reasonably avoidable drainage, so that each property will have the opportunity to produce or to receive its just and equitable share, subject to the reasonable necessities for the prevention of waste.

(3) The commission shall give due regard to the fact that gas produced from oil pools is to be regulated and restricted in a manner as will protect the reasonable use of its energy for oil production.

(4) Each person purchasing or taking for transportation oil or gas from any owner or producer shall purchase or take ratably, without discrimination in favor of any owner or producer over any other owner or producer in the same common source of supply offering to sell his oil or gas produced therefrom to such person. If two or more persons purchase or take for transportation oil or gas from any common source of supply in quantities such that any tract of land of separate ownership is not producing its just and equitable share from the pool, the person purchasing or taking from the tract producing more than its just and equitable share shall, upon the proper offer to sell being made, reduce the amount purchased or taken from such tract and purchase from each tract not producing its just and equitable share so that each tract of land may produce its just and equitable share of production from the pool. In the event that any such purchaser or person taking oil or gas for transportation is likewise a producer or owner, he is prohibited from discriminating in favor of his own production or storage, or production or storage in which he may be interested, and his own production and storage shall be treated as that of any other producer or owner; but no owner or producer, who is also a purchaser of oil and gas, or who has a market for his oil and gas or either thereof, has the right to invoke the benefits of this section.
C.R.S. § 34-33-117 — CO Code / Title 34 / Article 33 / Section 34-33-117
34-33-117. Coal exploration permit - regulations
Status: in_force

34-33-117. Coal exploration permit - regulations. (1) Coal exploration activities which cause substantial disturbance of the natural land surface shall be conducted in accordance with exploration regulations issued by the board. Such regulations shall include, at a minimum:

(a) A requirement that, prior to conducting any exploration under this section, any person must file with the office notice of intention to explore, including a description of the exploration area and the period of supposed exploration; and

(b) Provisions for reclamation in accordance with the performance standards in section 34-33-120 of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of necessary facilities and equipment.

(2) Information submitted to the office pursuant to this section as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intending to explore the described area shall not be available for public examination.

(3) Any person who conducts any coal exploration activities which cause substantial disturbance of the natural land surface in violation of this section or regulations issued pursuant to this section shall be subject to the provisions of section 34-33-123.

(4) No operator shall remove more than two hundred fifty tons of coal pursuant to an exploration permit without the specific written approval of the board or office.

(5) The regulations adopted pursuant to this section shall include any additional requirements and provisions which the board deems necessary; except that such regulations shall have a reasonable relation to the purposes and provisions of this article.
C.R.S. § 34-60-127 — CO Code / Title 34 / Article 60 / Section 34-60-127
34-60-127. Reasonable accommodation
Status: in_force

34-60-127. Reasonable accommodation. (1) (a) An operator shall conduct oil and gas operations in a manner that accommodates the surface owner by minimizing intrusion upon and damage to the surface of the land.

(b) As used in this section, "minimizing intrusion upon and damage to the surface" means selecting alternative locations for wells, roads, pipelines, or production facilities, or employing alternative means of operation, that prevent, reduce, or mitigate the impacts of the oil and gas operations on the surface, where such alternatives are technologically sound, economically practicable, and reasonably available to the operator.

(c) The standard of conduct set forth in this section shall not be construed to prevent an operator from entering upon and using that amount of the surface as is reasonable and necessary to explore for, develop, and produce oil and gas.

(d) The standard of conduct set forth in this section shall not be construed to abrogate or impair a contractual provision binding on the parties that expressly provides for the use of the surface for the conduct of oil and gas operations or that releases the operator from liability for the use of the surface.

(2) An operator's failure to meet the requirements set forth in this section shall give rise to a cause of action by the surface owner. Upon a determination by the trier of fact that such failure has occurred, a surface owner may seek compensatory damages or such equitable relief as is consistent with subsection (1) of this section.

(3) (a) In any litigation or arbitration based upon this section, the surface owner shall present evidence that the operator's use of the surface materially interfered with the surface owner's use of the surface of the land. After such showing, the operator shall bear the burden of proof of showing that it met the standard set out in subsection (1) of this section. If an operator makes that showing, the surface owner may present rebuttal evidence.

(b) An operator may assert, as an affirmative defense, that it has conducted oil and gas operations in accordance with a regulatory requirement, contractual obligation, or land use plan provision, that is specifically applicable to the alleged intrusion or damage.

(4) Nothing in this section shall:

(a) Preclude or impair any person from obtaining any and all other remedies allowed by law;

(b) Prevent an operator and a surface owner from addressing the use of the surface for oil and gas operations in a lease, surface use agreement, or other written contract; or

(c) Establish, alter, impair, or negate the authority of local and county governments to regulate land use related to oil and gas operations.
C.R.S. § 34-23-105 — CO Code / Title 34 / Article 23 / Section 34-23-105
34-23-105. Conflict with "Colorado Mined Land Reclamation Act" and "Colorado Surface Coal M
Status: in_force

34-23-105. Conflict with "Colorado Mined Land Reclamation Act" and "Colorado Surface Coal Mining Reclamation Act". Nothing in this article shall apply to any mining operation regarding reclamation of mined land which is regulated by the mined land reclamation board or division pursuant to article 32 or 33 of this title.
C.R.S. § 34-44-108 — CO Code / Title 34 / Article 44 / Section 34-44-108
34-44-108. Notice to tenants - contents - effect
Status: in_force

34-44-108. Notice to tenants - contents - effect. (1) Any tenant in common of any mine who commences to work the same without the consent of the other tenants in common and who desires to avail himself of the benefits of this article shall give a written notice to the other tenants in common interested in said mine stating his intention to work said mine. The notice shall describe the property by name, patent survey number, or book and page of the recorded location certificate, or other certain description, and shall give the name and post-office address of the working tenant, or the name and post-office address of the lessee where the proposed work is to be done under lease, the general plan, the date of commencing said mining operation, and the probable duration thereof, and shall invite the other tenants in common of said mine to join in said operation.

(2) Such notice shall be served, within ten days after its date, upon all other tenants in common by delivering a copy personally, or by depositing the same in the mail, postage prepaid, addressed to such person at his last-known address. If any tenant in common cannot be served in this manner within ten days after the date of said notice, the notice shall be recorded within twenty days after its date in the office of the recorder of the county in which said mine is situated, and such record, from and after its recording, shall be constructive notice to all persons not otherwise notified.

(3) Any tenant in common in said mine shall have the right, within twenty days after the receipt of said notice by him personally, or within thirty days after the record of said notice in case he has not otherwise received notice or obtained knowledge of said mining operation, to join in said mining operation to the extent of his proportionate interest in said mine, upon giving to the working tenant written notice of his intention so to do, and upon paying to the working tenant his proportionate part of the expenditures and expenses of said mining operation from the date of commencing work to the date of so joining in said mining operation.

(4) In the event that any working tenant does not give the notice provided in this section, and serve or record the notice as provided in this section, he shall be denied any rights, benefits, or remedies created or conferred by this article, and shall have only such rights and remedies and be under such duties and liabilities as existed by law prior to April 13, 1923.
C.R.S. § 34-33-105 — CO Code / Title 34 / Article 33 / Section 34-33-105
34-33-105. Jurisdiction of office and board
Status: in_force

34-33-105. Jurisdiction of office and board. The office and board shall have jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this article.
C.R.S. § 34-23-101 — CO Code / Title 34 / Article 23 / Section 34-23-101
34-23-101. Training and retraining
Status: in_force

34-23-101. Training and retraining. (1) The office of active and inactive mines may establish miner training and retraining programs and make such programs available to those operators and miners who request the assistance of the office of active and inactive mines in meeting the miner training and retraining requirements of the federal law.

(2) Such programs shall be available throughout the state of Colorado and shall be offered at sites which are accessible by operators and miners.

(3) The office of active and inactive mines may request the advice and assistance of the board in developing training and retraining programs for coal mines with respect to coal mine certification requirements.
C.R.S. § 34-63-101 — CO Code / Title 34 / Article 63 / Section 34-63-101
34-63-101. State treasurer to receive and distribute mineral leasing payments
Status: in_force

34-63-101. State treasurer to receive and distribute mineral leasing payments. In accordance with the provisions of section 35 of the federal "Mineral Lands Leasing Act" of February 25, 1920, as amended, the state treasurer is directed to deposit and distribute any moneys now held or to be received by the state of Colorado from the United States as the state's share of sales, bonuses, royalties, and rentals of public lands within this state, for the benefit of the public schools and political subdivisions of this state and for other purposes in accordance with the provisions of sections 34-63-102 and 34-63-103.
C.R.S. § 34-54-103 — CO Code / Title 34 / Article 54 / Section 34-54-103
34-54-103. Signed memorandum
Status: in_force

34-54-103. Signed memorandum. It is unlawful for any person, whether acting for himself or as agent for another, to deliver any of the property specified in section 34-54-102 of the value of ten dollars or more, to any other person as agent, broker, or bailee, unless he, at the time of such delivery, delivers to such agent, broker, or vendor a memorandum signed with his true name in which he shall state the date of the transaction, his residence, the nature and quantity of the property delivered, the source from which he obtained such property, and the purpose for which the delivery is made.
C.R.S. § 34-33-104 — CO Code / Title 34 / Article 33 / Section 34-33-104
34-33-104. Administration
Status: in_force

34-33-104. Administration. In addition to the duties and powers prescribed by the provisions of article 4 of title 24, C.R.S., the office and board have the full power and authority to carry out and administer the provisions of this article.
C.R.S. § 34-51-103 — CO Code / Title 34 / Article 51 / Section 34-51-103
34-51-103. Publication of notice - contents
Status: in_force

34-51-103. Publication of notice - contents. (1) Upon the filing of said petition, the court shall designate a newspaper published within the county where the district is situated and shall order that in such newspaper there shall be published a notice addressed individually to the owners of all the mining claims within the boundaries of the proposed district, other than the petitioners, and generally to all such other persons as may be interested in said mining claims.

(2) Such notice shall be published for four successive weeks. It shall contain a copy of the petition and shall state that the petition will be heard on such date thereafter as may be set by the court and stated in such notice and shall notify all persons, owners of mining claims within said district, or persons interested therein, to appear and plead to said petition on or before a date certain, and that otherwise default will be taken and a decree made according to the facts and equities of the case as they may be found by the court.
C.R.S. § 34-49-101 — CO Code / Title 34 / Article 49 / Section 34-49-101
34-49-101. Survey - notice - affidavit
Status: in_force

34-49-101. Survey - notice - affidavit. (1) In all actions pending in any district court of this state, wherein the title or right to possession of any mining claims shall be in dispute, the court may, upon application of any of the parties to such action, enter an order for an underground as well as surface survey of such part of the property in dispute as may be necessary to a just determination of the question involved. Such order shall designate some competent surveyor not related to any of the parties to such action, or in any way interested in the result of the same, and, upon the application of the party adverse to such application, the court may also appoint some competent surveyor, to be selected by such adverse applicant, whose duty it is to attend upon such survey and observe the method of making the same, said second surveyor to be at the cost of the party asking therefor.

(2) It is also lawful in such order to specify the names of witnesses named by either party, not exceeding three on each side, to examine such property, who shall thereupon be allowed to enter into such property and examine the same. The court may also cause the removal of any rock, debris, or other obstacle in any of the drifts or shafts of said property, when such removal is shown to be necessary to a just determination of the question involved. No such order shall be made for survey and inspection except in open court or in chambers, upon notice of application for such order for at least six days, and not then except by agreement of the parties, or upon the affidavit of two or more persons, that such survey and inspection are necessary to the just determination of the action, which affidavits shall state the facts in such case, and wherein the necessity for survey exists, nor shall such order be made unless it appears that the party asking therefor had been refused the privilege of survey and inspection by the adverse party.