CO Code § 34-32-105 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-105. Office of Mined Land Reclamation - Mined Land Reclamation Board - Created

  There is hereby created, in the division of reclamation, mining, and safety in the department of natural resources, the office of mined land reclamation and, in the department of natural resources, the mined land reclamation board. The head of the office of mined land reclamation shall be appointed by the director. The head of the office of mined land reclamation shall have professional and supervisory experience in mined land reclamation, mining, or natural resource planning and management.    The board shall consist of seven members: The executive director, who shall serve as secretary to the board; a member of the state conservation board appointed by such board; and five persons appointed by the governor with the consent of the senate. Such appointed members shall be: Three individuals with substantial experience in agriculture or conservation no more than two of whom shall have had experience in agriculture or conservation; and two individuals with substantial experience in the mining industry. Effective July 1, 1976, the terms of office of the existing members of the mined land reclamation board shall terminate, and, prior thereto, the governor shall appoint two members of the board, effective July 1, 1976, whose terms of office shall expire March 1, 1977, and three members of the board, effective July 1, 1976, whose terms of office shall expire March 1, 1979. Subsequent appointments shall be made for a term of four years. Vacancies shall be filled in the same manner as original appointments for the balance of the unexpired term. All members of the board shall be residents of the state of Colorado. All members of the board except for the executive director shall receive compensation for their service on the board at the rate of fifty dollars per diem and shall be reimbursed for necessary expenses incurred in the performance of their duties on the board. The board shall, by majority vote of all members, elect its chairperson from among the appointed members at its first meeting in July, 1976, and the board shall elect its chairperson from among the appointed members biannually thereafter.    The board shall exercise its powers and perform its duties and functions specified in this article under the department as if the same were transferred to the department by a type 1 transfer as such transfer is defined in the “Administrative Organization Act of 1968”, article 1 of title 24, C.R.S.    The board shall have jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this article.     History. Source: L. 76: Entire article R&RE, p. 727, § 1, effective July 1. L. 88: (1) and (2) amended, p. 1202, § 4, effective July 1. L. 91: (2) amended, p. 1432, § 3, effective July 1. L. 92: (1) amended, p. 1938, § 34, effective July 1. L. 2002: (2) amended, p. 514, § 5, effective July 1. L. 2006: (1) amended, p. 217, § 12, effective August 7.    Editor's note:   This section is similar to former § 34-32-105 as it existed prior to 1976.   ANNOTATION   Mining reclamation board and the division of mined land reclamation are definite and distinct entities and the designation of the division as a party defendant in lieu of a designation of the board in a challenge to the board's issuance of a mining permit was a failure to join an indispensable party, since the board is an indispensable party to such an action. Cold Springs Ranch v. Dept. of Nat. Res., 765 P.2d 1035 (Colo. App. 1988).   Determination by the board that extraction of peat moss was a matter within the board's discretion is not dispositive of claim for damages in trespass. The fact that the Colorado Mined Land Reclamation Act may affect how peat moss is to be removed does not deprive the courts of jurisdiction over the claim of ownership of the peat moss. O'Connor v. Rolfes, 899 P.2d 227 (Colo. App. 1994).