reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 34-32.5-125 - Mined land reclamation fund - fees

(1)
Fees for fiscal year 2007-08 and for each subsequent year of operation shall be collected by the office for operations according to the following schedule:
(a)
Applications pursuant to:
(I)
Section
34-32.5-110 (2)
$ 1,258
(II)
Section
34-32.5-110 (2)
relating to permit amendments $ 827
(III)
(A)
Section
34-32.5-111 (1)(a)
$ 898
(B)
Section
34-32.5-111 (1)(b)
$ 400
(IV)
Section
34-32.5-112
, except for applications relating to the mining operations specified in subparagraph (I) of this paragraph (a) $ 2,696
(V)
Section
34-32.5-112
relating to quarries $ 3,342
(VI)
Section
34-32.5-112 (8)
relating to reclamation permit amendments $ 2,229
(VII)
Sections
34-32.5-110
to
34-32.5-112
relating to revisions to permits other than amendments $ 216
(VIII)
Section
34-32.5-103 (11)
relating to temporary cessations of operations $ 144
(IX)
Section
34-32.5-113
$ 108
(X)
Section
34-32.5-119
$ 144
(b)
Annual fees for fiscal year 2007-08 and for each subsequent year for operations pursuant to:
(I)
Section
34-32.5-110 (2)
$ 323
(II)
Section
34-32.5-112
$ 791
(III)
(A)
Section
34-32.5-111 (1)(a)
$ 504
(B)
Section
34-32.5-111 (1)(b)
$ 200
(IV)
Section
34-32.5-113
$ 86
(c)
(Deleted by amendment, L. 2000, p. 1165, § 1, effective July 1, 2000.)
(2)
Notwithstanding the amount specified for any fee in subsection (1) of this section, the board by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section
24-75-402 (3)
, C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the board by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section
24-75-402 (4)
, C.R.S.
Amended by 2018 Ch. 132, §2, eff. 8/8/2018.
L. 95: Entire article added, p. 1187, § 1, effective July 1. L. 98: (2) added, p. 1341, § 62, effective June 1. L. 2000: (1) amended, p. 1165, § 1, effective July 1. L. 2007: IP(1), (1)(a), and (1)(b) amended, p. 960, § 2, effective July 1. L. 2018: (1)(a)(III) and (1)(b)(III) amended, (SB 18-184), ch. 132, p. 858, § 2, effective August 8.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-101 - Short title

This article shall be known and may be cited as the "Colorado Surface Coal Mining Reclamation Act".
L. 79: Entire article added, p. 1254, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-102 - Legislative declaration

It is declared to be the policy of this state that surface coal mining operations and the reclamation of land affected by such operations are both necessary and proper activities. The purpose of this article is to assure that the coal required for local and national energy needs and for economic and social well-being is provided and to provide a balance among the protection of the environment, agricultural productivity, and the need for coal as an essential source of energy. It is the intent of the general assembly by the enactment of this article to allow for the continued development of the surface coal mining operations in this state, while requiring those persons involved in surface coal mining operations to reclaim land affected by such operations as contemporaneously as possible with the surface coal mining operations so that the affected land may be put to a beneficial use. It is the further intent of the general assembly by the enactment of this article to protect society and the environment from the adverse effects of surface coal mining operations, assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected from such operations; assure that surface coal mining operations are not conducted where reclamation as required by this article is not feasible; and to assure that appropriate procedures are provided for the public participation in the development, revision, and enforcement of regulations, standards, reclamation plans, or programs established by the state under this article. It is the further intent of the general assembly to promote the reclamation of mined areas left without adequate reclamation prior to the enactment of this article and which continue, in their unreclaimed condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public, to aid in the protection of wildlife and aquatic resources, and to protect and promote the health, safety, and general welfare of the people of this state. It is the intent of the general assembly that, in the administration of this article, the small operator be assisted in complying with the provisions of this article, particularly in the areas of bonding, technical and administrative assistance, and timely processing of permit applications.
L. 79: Entire article added, p. 1254, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 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.
L. 79: Entire article added, p. 1258, § 1, effective July 1. L. 92: Entire section amended, p. 1945, § 49, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 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.
L. 79: Entire article added, p. 1258, § 1, effective July 1. L. 92: Entire section amended, p. 1945, § 50, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-106 - Additional duties of division

(1)
In addition to duties of the division set forth in article
32
of this title, the division shall:
(a)
Carry on a continuing review of the problems of surface coal mining and land reclamation in this state;
(b)
Cause to be published the monthly agenda of the board with a brief description of any affected land and the name of the applicant. These publications shall be in a newspaper of general circulation in the locality of the proposed surface coal mining operations listed in that month's agenda.
(2)
It is the duty of the department of agriculture, the department of higher education, the department of public health and environment, the state conservation board, the Colorado geological survey, the division of water resources, the division of parks and wildlife, the university of Colorado, Colorado state university, Colorado school of mines, and the state forester to furnish the board and its designees, as far as practicable, whatever data and technical assistance the board may request and deem necessary for the performance of reclamation and enforcement duties pursuant to this article.
L. 79: Entire article added, p. 1258, § 1, effective July 1. L. 2002: (2) amended, p. 515, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-107 - Powers of department

The department may initiate and encourage studies and programs with the office and other appropriate state agencies relating to the development of less destructive methods of surface coal mining operations, better methods of land reclamation, more effective reclaimed land use, and coordination of the provisions of this article with the programs of other state agencies dealing with environmental, recreational, rehabilitation, and related concerns.
L. 79: Entire article added, p. 1258, § 1, effective July 1. L. 92: Entire section amended, p. 1945, § 51, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 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.
L. 79: Entire article added, p. 1258, § 1, effective July 1. L. 81: Entire section amended, p. 1681, § 2, effective June 16; entire section amended, p. 1685, § 1, effective June 23. L. 92: Entire section amended, p. 1897, § 8, effective May 29. L. 95: (2) amended, p. 148, § 2, effective April 7.
For the federal "Surface Mining Control and Reclamation Act of 1977", see 30 U.S.C. § 1201 et seq.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-112 - Small operator assistance

(1)
If the office finds that the probable total annual production at all locations of any operator or parent company will not exceed one hundred thousand tons, upon written request of the operator, the office shall, to the extent that funding or services are appropriated or otherwise provided for the express purposes of this section:
(a)
Have performed by a qualified public or private laboratory designated by the board the determination of probable hydrologic consequences required by section
34-33-110(2)(l)
and the statement of test borings or core samplings required by section
34-33-110(2)(p)
;
(b)
Provide additional necessary technical and administrative assistance to the operator in the preparation of permit applications and revisions under this article.
L. 79: Entire article added, p. 1266, § 1, effective July 1. L. 92: Entire section amended, p. 1949, § 55, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-115 - Revision of permit

(1)
(a)
During the term of the permit, the permittee may submit an application for revision of the permit, together with any necessary revisions to the reclamation plan, to the office.
(b)
An application for revision of a permit shall not be approved unless the office finds that the reclamation required by this article can be accomplished under any necessary revisions to the reclamation plan. The revisions shall be approved or disapproved within the time periods provided for by sections
34-33-118
and
34-33-119
. The board shall, by regulation, establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply; except that any revisions which propose significant alterations in the reclamation plan shall be subject to notice and hearing requirements.
(c)
Any applications for extension of the area covered by the permit, except incidental boundary revisions, must be made by application for a permit revision or another permit.
(2)
No transfer, assignment, or sale of rights granted under any permit issued pursuant to this article shall be made without the written approval of the division.
(3)
The office shall, within a time limit prescribed in regulations promulgated by the board, review outstanding permits and may, for good cause shown, require reasonable revisions or modifications of the permit provisions during the term of each such permit; except that such revisions or modifications shall be based upon written findings and shall be subject to the notice and hearing requirement established by this article.
L. 79: Entire article added, p. 1270, § 1, effective July 1. L. 92: Entire section amended, p. 1952, § 58, effective July 1. L. 95: (1)(c) amended, p. 148, § 3, effective April 7.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-116 - Technical revision of permit - regulations

(1)
During the term of the permit, the permittee may submit an application for a technical revision of the permit to the office.
(2)
An application for a technical revision of a permit shall contain:
(a)
An identification of the permit by permit number or other appropriate reference which is the subject of the technical revision;
(b)
A specific description of the requested change in the terms of the permit; and
(c)
Such other information as may be necessary for the office to properly evaluate the technical revision.
(3)
Consistent with the provisions of subsection (2) of this section, the board may promulgate regulations further defining the form and content of applications for technical revisions; except that applications for technical revisions shall not be subject to the full standards and information requirements applicable to new permit applications under this article; and except that the board or office may reasonably request additional information to evaluate the proposed technical revision.
(4)
The board shall promulgate regulations providing for the processing of applications for technical revisions, which regulations shall provide for adequate public notice of such applications and an opportunity for an expeditious hearing before the board for any person who may be adversely affected by the proposed technical revision.
(5)
Within sixty days after the filing of a complete application for a technical revision, the office shall issue a proposed decision approving or denying the application in whole or in part. A written copy of such decision shall be promptly provided to the permittee and shall be published once in a newspaper of general circulation in the locality of the affected surface coal mining operation. Any requests for a hearing regarding the proposed decision of the office must be received in writing by the office within ten days after such publication. If no request for a hearing is received within such ten-day period, the proposed decision of the office shall immediately become final.
L. 79: Entire article added, p. 1271, § 1, effective July 1. L. 92: Entire section amended, p. 1953, § 59, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 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.
L. 79: Entire article added, p. 1271, § 1, effective July 1. L. 92: (1)(a), (2), and (4) amended, p. 1953, § 60, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-127 - Public agencies, public utilities, and public corporations

Any agency, unit, or instrumentality of federal, state, or local government, including any publicly owned utility or publicly owned corporation of federal, state, or local government, which proposes to engage in surface coal mining operations, which are subject to the requirements of this article, shall comply with the provisions of this article.
L. 79: Entire article added, p. 1299, § 1, effective July 1. L. 92: Entire section amended, p. 1895, § 4, effective May 29.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-128 - Judicial review

(1)
Any order or decision issued by the board in a civil penalty proceeding, or in a proceeding under section
34-33-126
to establish an unsuitability designation, or in any proceeding required to be conducted pursuant to article
4
of title
24
, C.R.S., shall be subject to judicial review on or before thirty days after the date of such order or decision in accordance with subsection (2) of this section in the district court of this state for the district in which the surface coal mining operation is located. In the case of a proceeding to review an order or decision issued by the board under section
34-33-124
, the court shall have jurisdiction to enter an order requiring payment of any civil penalty assessment enforced by its judgment.
(2)
The court shall hear such petition or complaint solely on the record made before the board. The findings of the board, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the board for such further action as it may direct.
(3)
In the case of a proceeding to review any order or decision issued by the board under this article, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if:
(a)
All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;
(b)
The person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and
(c)
Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.
(4)
At the request of any party to a proceeding under this section, the court may assess costs and expenses, including attorney fees, against any party, as the court deems just and proper.
(5)
The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the board.
L. 79: Entire article added, p. 1300, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-129 - Surface coal mining operations not subject to this article

(1)
The provisions of this article shall not apply to any of the following activities:
(a)
The extraction of coal by a landowner for such landowner's own noncommercial use from land owned or leased by said landowner; and
(b)
(Deleted by amendment, L. 92, p. 1895, § 5, effective May 29, 1992.)
(c)
The extraction of coal as an incidental part of federal, state, or local government-financed highway or other construction under regulations established by the board.
L. 79: Entire article added, p. 1300, § 1, effective July 1. L. 92: Entire section amended, p. 1895, § 5, effective May 29.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-130 - Data inventory

(1)
The board is hereby authorized and directed to cooperate with and seek assistance from state, county, and federal agencies and universities and research institutions in this state and to work in close cooperation with local planning units in order to establish a database and an inventory system, drawing upon existing resources where possible, which will:
(a)
Provide proper evaluation of the capacity of different land areas of the state to be reclaimed following surface coal mining operations;
(b)
Be available to those making land use planning decisions concerning surface coal mining operations;
(c)
Provide objective and scientific evaluation of fragile, historic, natural hazard, and renewable resource lands and lands listed in the Colorado natural areas registry or designated under the Colorado natural areas program.
(2)
The board shall promulgate such rules and regulations which it deems necessary to establish such a database and inventory system, and, in so doing, the board shall take into consideration those criteria and definitions which other federal and state agencies have adopted for use in determining lands unsuitable for mining.
(3)
(a)
The board may, at its discretion, appoint an advisory committee to assist it in establishing a database and inventory system for surface coal mining operations. Such committee, if appointed, shall consist of experts in the areas of wildlife, plant ecology, natural areas, historic areas, reclamation, agriculture, coal geology, and land management planning and other areas as deemed necessary by the board.
(b) and (c)
Repealed.
(4)
The board is further authorized and directed to accept and seek grants and financial aid from the federal government and from private agencies for carrying out the purposes of this section.
L. 79: Entire article added, p. 1301, § 1, effective July 1. L. 86: (3) amended, p. 424, § 55, effective March 26. L. 88: (3)(b) amended, p. 318, § 15, effective April 14. L. 90: (3)(b) and (3)(c) repealed, p. 334, § 24, effective April 3.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-131 - Informal opinion as to alluvial valley floors

Any person who proposes to engage in surface coal mining operations may, prior to making an application for a permit under this article, request that the board give an informal opinion on whether or not the area of land to be affected by such proposed operations is in, or adjacent to, an alluvial valley floor. Any such informal opinion shall be based upon sound scientific data, shall be in writing, and shall be advisory in nature.
L. 79: Entire article added, p. 1301, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-132 - Special coordination and review process - site-specific agreements

(1)
The department and any person contemplating opening a surface coal mining operation in this state may, at their discretion, enter into one or more site-specific agreements to identify and coordinate local, state, and federal government jurisdiction and review of land use planning, environmental analysis, and socioeconomic evaluation, to establish coordinating procedures for required action, and to ensure that such procedures be undertaken in a timely, sequential manner. Any such agreements shall be consistent with the provisions of this article.
(2)
Such site-specific agreements may include:
(a)
The schedule for completion of data collection required for environmental, technical, and policy review; and
(b)
The schedule for completion of evaluation, review, and comments by all parties.
(3)
Such agreements may list all applicable laws, regulations, and ordinances of this state and its agencies, the federal government and its agencies, and of the county or counties in which the proposed operation will be situated. The department may, with the advice and concurrence of the board, develop rules and regulations to ensure relative uniformity in such agreements.
L. 79: Entire article added, p. 1301, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-133 - Abandoned mine reclamation plan

(1)
The office of active and inactive mines is authorized and directed to develop, in accordance with the provision of Title IV of the federal "Surface Mining Control and Reclamation Act of 1977", as amended, and the rules and regulations thereunder, an abandoned mine reclamation program which may provide for, but need not be limited to, the following:
(a)
Protection of public health, safety, general welfare, and property from the dangers and adverse effects of past mining practices;
(b)
Acquisition, reclamation, and restoration of land and water resources previously degraded by the adverse effects of mining, including measures for the conservation and development of soil, water, woodland, fish and wildlife, recreation and tourism resources, and agricultural productivity;
(c)
The protection, repair, replacement, construction, or enhancement of public facilities in communities affected by coal or other energy development.
(2)
The office of active and inactive mines is authorized and directed to:
(a)
Apply for, receive, and expend grant moneys or other funds for the development, administration, and fulfillment of the requirements of an abandoned mine reclamation program;
(b)
Apply for, receive, and expend such funds legally available to Colorado from the abandoned mine reclamation fund established by Title IV of the federal "Surface Mining Control and Reclamation Act of 1977", as amended;
(c)
Invite public inspection of, comment on, and involvement in the formulation of the abandoned mine reclamation program;
(d)
Submit the abandoned mine reclamation program, after public review, to the secretary for approval and funding;
(e)
Amend the approved abandoned mine reclamation program from time to time, after public review of the proposed amendments, as may be necessary or desirable.
L. 79: Entire article added, p. 1302, § 1, effective July 1. L. 92: (2)(a) amended, p. 1896, § 6, effective May 29; entire section amended, p. 1968, § 70, effective July 1.
For the "Surface Mining Control and Reclamation Act of 1977", see 30 U.S.C. § 1201 et seq.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-133.5 - Colorado mine subsidence protection program - rules

(1)
The board is authorized and directed to issue rules and regulations to develop a Colorado mine subsidence protection program, which shall provide protection for owners of private residential structures against damages caused by land subsidence from underground coal mines. The program shall be operated in accordance with the provisions of Title IV of the federal "Surface Mining Control and Reclamation Act of 1977", as amended, and the rules and regulations promulgated pursuant thereto. The board may assess and expend fees collected from participants who are insured under the program, and expend interest earned on such fees as necessary to defray administrative costs of the program. In its discretion, the board may delegate such power and responsibility, by rule-making, to the division.
(2)
Creation of trust.
The Colorado coal mine subsidence trust is hereby created as part of the board. Trust funds shall be held in custody by the state treasurer in a fund to be known as the Colorado coal mine subsidence trust fund, which fund is hereby created. Moneys granted to the state by the federal government for the purposes specified in subsection (1) of this section, together with all interest earned, shall be credited to such trust fund. The state treasurer shall invest trust assets in lawful investments. The trust funds shall be available to the board to carry out the purposes of the Colorado mine subsidence protection program established pursuant to subsection (1) of this section.
L. 92: Entire section added, p. 1896, § 7, effective May 29.
For the "Surface Mining Control and Reclamation Act of 1977", see 30 U.S.C. § 1201 et seq.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-134 - Experimental practices

In order to encourage advances in coal mining and reclamation practices and to allow postmining land use for industrial, commercial, residential, or public use, including recreational facilities, the board, with the approval of the secretary, may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under sections
34-33-120
and
34-33-121
. Such departures may be authorized if: The experimental practices are potentially more or at least as environmentally protective, during and after coal mining operations, as those required by promulgated standards; the coal mining operations approved for particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and the experimental practices do not reduce the protection afforded the public health and safety below that provided by promulgated standards.
L. 79: Entire article added, p. 1302, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 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.
L. 79: Entire article added, p. 1304, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 33 - COLORADO SURFACE COAL MINING RECLAMATION ACT (§§ 34-33-101 — 34-33-137) › Section 34-33-137 - Reservation clause

Passage of this article shall not be deemed to be an admission by the state of Colorado as to the legality or constitutionality of the federal "Surface Mining Control and Reclamation Act of 1977", as amended, and shall not be construed to limit, waive, or otherwise affect the right of the state of Colorado, or its agencies, from contesting the constitutional or statutory validity of any part, section, provision, requirement, or regulation promulgated under such act, pursuant to which this article has been enacted.
L. 79: Entire article added, p. 1304, § 1, effective July 1.
For the "Surface Mining Control and Reclamation Act of 1977", see 30 U.S.C. § 1201 et seq.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 34 - ABANDONED MINE RECLAMATION PROGRAM (§ 34-34-101) › Section 34-34-101 - and 34-34-102 - [Repealed]

Amended by 2020 Ch. 166, §1, eff. 7/1/2020.
Amended by 2016 Ch. 210, §97, eff. 6/6/2016.
L. 2005: Entire article added, p. 691, § 1, effective July 1. L. 2008: (1) amended, p. 1872, § 10, effective June 2. L. 2016: (1) amended, (SB 16-189), ch. 790, p. 790, § 97, effective June 6. L. 2020: (1) amended and (3) added, (HB 20-1372), ch. 765, p. 765, § 1, effective July 1.
(1) This article 34 was added in 2005. For amendments to this article 34 prior to its repeal in 2023, consult the 2022 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 34-34-102 (3) provided for the repeal of this article 34, effective July 1, 2023. (See L. 2020, p. 765.)
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 40 - [Repealed] (§ 34-40-100.3) › Section 34-40-100.3 - to 34-40-123 - [Repealed]

L. 88: Entire article repealed, p. 1199, § 10, effective May 3.
This article was numbered as article 32 of chapter 92, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 41 - [Repealed] (§ 34-41-101) › Section 34-41-101 - to 34-41-106 - [Repealed]

L. 74: Entire article repealed, p. 195, § 1, effective July 1.
(1) All real or personal property belonging to the mining industrial development board was transferred to and became the property of the state of Colorado on July 1, 1974, in accordance with section 1 of chapter 30, Session Laws of Colorado 1974.
(2) This article was numbered as article 34 of chapter 92, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 42 - MINING DISTRICT LAWS (§§ 34-42-101 — 34-42-104) › Section 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.
R.S. p. 466, § 11. G.L. § 1807. G.S. § 2396. R.S. 08: § 4258. C.L. § 3382. CSA: C. 110, § 274. CRS 53: § 92-21-1. C.R.S. 1963: § 92-21-1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 42 - MINING DISTRICT LAWS (§§ 34-42-101 — 34-42-104) › Section 34-42-102 - Proof of customs and regulations admitted

In actions regarding mining claims, proof shall be admitted of the customs, usages, and regulations established and in force in the mining districts embracing such claims; and such customs, usages, and regulations, when not in conflict with the laws of this state or of the United States, shall govern the decision in the action.
L. 1887: p. 198, § 363. Code 08: § 397. Code 21: § 398. Code 35: § 398. CRS 53: § 92-21-2. C.R.S. 1963: § 92-21-2.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 42 - MINING DISTRICT LAWS (§§ 34-42-101 — 34-42-104) › Section 34-42-103 - Jury may view mining premises

In all suits, actions, and proceedings brought in any court of this state involving title to, the right of possession of, or the mineral contained in any mine or mining claims, it is the duty of the court, at the trial of such suit, and upon the application of either party interested therein, to send the jury impaneled in the case, in a body, to view and inspect the premises. Each party to the suit shall have the privilege of nominating one person, to be approved by the court, to attend with the jury in their view and investigation of the premises in controversy, and such persons so selected and appointed by the court shall be authorized to act as guides to the jury, and to point out such features in the premises as it is desirable that the jury should see and answer all questions propounded by the jury; but such persons so selected shall not be at liberty to argue or discuss any questions involved in the case either with the jury or with each other in the presence of the jury; and if such persons violate the above provision, the court has the power to punish anyone so offending for contempt of court by a fine of not more than one hundred dollars or by imprisonment for not more than ten days in the county jail.
L. 1893: p. 78, § 1. Code 08: § 206. Code 21: § 207. Code 35: § 207. CRS 53: § 92-21-3. C.R.S. 1963: § 92-21-3.
For civil contempt, see C.R.C.P. 107.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 42 - MINING DISTRICT LAWS (§§ 34-42-101 — 34-42-104) › Section 34-42-104 - Expenses

The expenses incurred in sending the jury to investigate mining premises, as provided in section
34-42-103
, shall be paid by the parties to the suit in equal proportions, unless the demand for such investigation is made by one party and objected to by the other, in which case the court may apportion such expenses as may seem just and equitable in the particular case.
L. 1893: p. 78, § 2. Code 08: § 207. Code 21: § 208. Code 35: § 208. CRS 53: § 92-21-4. C.R.S. 1963: § 92-21-4.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-101 - Length of lode claim

The length of any lode claim located after June 1, 1874, may equal but not exceed fifteen hundred feet along the vein.
L. 1874: p. 185, § 1. G.L. § 1811. G.S. § 2397. R.S. 08: § 4192. C.L. § 3278. CSA: C. 110, § 168. CRS 53: § 92-22-1. C.R.S. 1963: § 92-22-1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-102 - Width of lode claim

The width of all lode claims located after April 13, 1923, may equal but not exceed three hundred feet on each side of the middle of the vein or crevice, and the owners of any lode claims located before April 13, 1923, and having a lesser width, who are desirous of securing the benefit of this section, may file an additional certificate claiming such additional width as provided in this section, if the additional certificate does not interfere with the existing rights of others at the time of filing of the same. No such additional certificate or other record thereof shall preclude the claimants from proving such titles as they may have held under previous location.
L. 1874: p. 186, § 2. G.L. § 1812. G.S. § 2398. R.S. 08: § 4193. L. 13: p. 413, § 1. L. 21: p. 614, § 1. C.L. § 3279. L. 23: p. 458, § 1. CSA: C. 110, § 169. CRS 53: § 92-22-2. C.R.S. 1963: § 92-22-2.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 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.
L. 1874: p. 186, § 3. G.L. § 1813. G.S. § 2399. R.S. 08: § 4194. C.L. § 3280. CSA: C. 110, § 170. CRS 53: § 92-22-3. C.R.S. 1963: § 92-22-3.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-104 - Location certificate void - when

Any location certificate of a lode claim which does not contain the name of the lode, the name of the locator, the date of location, the number of lineal feet claimed on each side of the discovery shaft, the general course of the lode, and such description as identifies the claim with reasonable certainty shall be void.
L. 1874: p. 186, § 4. G.L. § 1814. G.S. § 2400. R.S. 08: § 4195. C.L. § 3281. CSA: C. 110, § 171. CRS 53: § 92-22-4. C.R.S. 1963: § 92-22-4.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-105 - Certificate shall contain but one location

No location certificate shall claim more than one location, whether the location is made by one or several locators. If it purports to claim more than one location it shall be absolutely void, except as to the first location therein described, and if they are described together, or so that it cannot be determined which location is first described, the certificate shall be void as to all.
L. 1874: p. 190, § 17. G.L. § 1826. G.S. § 2412. R.S. 08: § 4196. C.L. § 3282. CSA: C. 110, § 172. CRS 53: § 92-22-5. C.R.S. 1963: § 92-22-5.