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) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 48 - EASEMENTS (§§ 34-48-101 — 34-48-111) › Section 34-48-111 - Right of eminent domain

All persons or corporations shall pay due and just compensation for rights-of-way to the owners of the property through which it is proposed to construct any flume, ditch, pipeline, or conduit or upon which any reservoirs shall be located. When the parties cannot agree upon such right-of-way or reservoir site or the amount of compensation to be paid therefor, all such persons or corporations are vested with the power of eminent domain and are authorized to proceed to acquire such rights-of-way for flumes, ditches, pipelines, conduits, and reservoir sites, in the manner provided by law for the exercise of the right of eminent domain.
L. 37: p. 851, § 2. CSA: C. 110, § 192(2). CRS 53: § 92-24-11. C.R.S. 1963: § 92-24-11.
For right of eminent domain, see articles 1 to 7 of title 38.
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 49 - SURVEYS (§§ 34-49-101 — 34-49-107) › Section 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.
L. 1874: p. 190, § 1. G.L. § 1827. G.S. § 2413. R.S. 08: § 4218. C.L. § 3300. CSA: C. 110, § 193. CRS 53: § 92-25-1. C.R.S. 1963: § 92-25-1.
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 49 - SURVEYS (§§ 34-49-101 — 34-49-107) › Section 34-49-102 - Platting fractional claims

The owners of adjoining, abutting, or adjacent fractions of patented mining properties may plat the same for taxation and description.
L. 17: p. 376, § 1. C.L. § 3301. CSA: C. 110, § 194. CRS 53: § 92-25-2. C.R.S. 1963: § 92-25-2.
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 49 - SURVEYS (§§ 34-49-101 — 34-49-107) › Section 34-49-103 - Plat - monuments

Such owners shall cause the same to be surveyed and a plat thereof to be made by the county surveyor or some other competent surveyor, which plat shall particularly describe each fraction as blocks and lots, describing by appropriate lines each fraction or parcel of land so platted. Reference shall also be made upon the plat to some known and permanent monument from which surveys may be made. If no such monument exists within convenient distance, the surveyor shall, at the time of making his survey, plant and fix at least three feet below the surface, at a corner most convenient for reference, a good and sufficient stone, the total expense of which shall not exceed the sum of fifteen dollars, and the surveyor shall designate upon the plat the point where the same may be found.
L. 17: p. 376, § 2. C.L. § 3302. CSA: C. 110, § 195. CRS 53: § 92-25-3. C.R.S. 1963: § 92-25-3.
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 49 - SURVEYS (§§ 34-49-101 — 34-49-107) › Section 34-49-104 - Plat certified and recorded

The plat, having been completed, shall be certified by the surveyor and acknowledged by him before a notary public or other officer authorized to take acknowledgments of deeds. The certificate of the surveyor and of acknowledgments, together with the plat, shall be recorded in the office of the county clerk and recorder in and for the county in which the land is situated, in the same manner as a deed of real estate is recorded. The acknowledgment and recording shall have like legal effect, and certified copies thereof and of such plat may be used in evidence to the same extent and with like effect, as in case of deeds.
L. 17: p. 377, § 3. C.L. § 3303. CSA: C. 110, § 196. CRS 53: § 92-25-4. C.R.S. 1963: § 92-25-4.
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 49 - SURVEYS (§§ 34-49-101 — 34-49-107) › Section 34-49-105 - Not dedication of ways - fees

The acknowledgment and recording of such plat shall not be held in law or in equity to be a conveyance in fee simple of any ways, driveways, or passageways noted on such plat, and no such plat or acknowledgment shall be admitted to record or have any effect in law or in equity until the fees of the surveyor and the charges in sections
34-49-103
and
34-49-106
shall be paid.
L. 17: p. 377, § 4. C.L. § 3304. CSA: C. 110, § 197. CRS 53: § 92-25-5. C.R.S. 1963: § 92-25-5.
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 49 - SURVEYS (§§ 34-49-101 — 34-49-107) › Section 34-49-106 - County to provide books

It is the duty of the county clerk and recorder of each county where such adjoining, abutting, or adjacent fractions of patented mining properties are situated, to provide an appropriate book for the making and preservation of the plats, surveys, certificates, and acknowledgments contemplated, and he shall be permitted to charge and collect from the owners of each such subdivision recording fees the same as for any one plat or subdivision.
L. 17: p. 377, § 5. C.L. § 3305. CSA: C. 110, § 198. CRS 53: § 92-25-6. C.R.S. 1963: § 92-25-6. L. 83: Entire section amended, p. 1227, § 10, effective April 12.
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 49 - SURVEYS (§§ 34-49-101 — 34-49-107) › Section 34-49-107 - Designation by name and number

It is the duty of the county clerk and recorder to designate by name or number such plat and each separate fraction of land included therein, and such fractions shall thereafter be known and described for taxation and all other purposes as so designated.
L. 17: p. 377, § 6. C.L. § 3306. CSA: C. 110, § 199. CRS 53: § 92-25-7. C.R.S. 1963: § 92-25-7.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 50 - DRAINAGE (§§ 34-50-101 — 34-50-109) › Section 34-50-101 - Common influx of water

Whenever contiguous or adjacent mines upon the same or upon separate lodes have a common ingress of water, or from subterraneous communication of the water have a common drainage, it is the duty of the owners, lessees, or occupants of each mine so related to provide for their proportionate share of the drainage thereof.
L. 1870: p. 82, § 1. G.L. § 1830. G.S. § 2416. R.S. 08: § 4226. C.L. § 3314. CSA: C. 110, § 207. CRS 53: § 92-27-1. C.R.S. 1963: § 92-27-1.
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 50 - DRAINAGE (§§ 34-50-101 — 34-50-109) › Section 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.
L. 1870: p. 82, § 2. G.L. § 1831. G.S. § 2417. R.S. 08: § 4227. C.L. § 3315. CSA: C. 110, § 208. CRS 53: § 92-27-2. C.R.S. 1963: § 92-27-2.
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 50 - DRAINAGE (§§ 34-50-101 — 34-50-109) › Section 34-50-103 - Incorporating to drain mines

It is lawful for mining companies and all individuals engaged in mining, having a common interest in draining such mines, to unite for the purpose of effecting the same under a common name and upon such terms and conditions as may be agreed upon. Every such association, having filed a certificate of incorporation as provided by law, shall be deemed a corporation, with all the rights, incidents, and liabilities of a body corporate, insofar as the same may be applicable.
L. 1870: p. 82, § 3. G.L. § 1832. G.S. § 2418. R.S. 08: § 4228. C.L. § 3316. CSA: C. 110, § 209. CRS 53: § 92-27-3. C.R.S. 1963: § 92-27-3.
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 50 - DRAINAGE (§§ 34-50-101 — 34-50-109) › Section 34-50-104 - Liability for noncooperation

Failing to mutually agree as indicated in section
34-50-103
for drainage, jointly, one or more of the said parties may undertake the work of drainage, after giving reasonable notice; and should the remaining parties then fail, neglect, or refuse to unite in equitable arrangements for doing the work or sharing the expense thereof, they shall be subject to an action therefor as specified in section
34-50-102
.
L. 1870: p. 82, § 4. G.L. § 1833. G.S. § 2419. R.S. 08: § 4229. C.L. § 3317. CSA: C. 110, § 210. CRS 53: § 92-27-4. C.R.S. 1963: § 92-27-4.
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 50 - DRAINAGE (§§ 34-50-101 — 34-50-109) › Section 34-50-105 - Action to recover - inspection

(1)
When an action is commenced to recover the cost and expenses for draining a lode or mine, it is lawful for the plaintiff to apply to the court for an order to inspect and examine the lodes or mines claimed to have been drained by the plaintiff; or someone for him shall make affidavit that such inspection or examination is necessary for a proper preparation of the case for trial. The court shall grant an order for the underground inspection and examination of the lode or mines described in the petition. Such order shall designate the number of persons, not exceeding three, besides the plaintiff or his representative, to examine and inspect such lode and mines and take the measurement thereof, relating the amount of water drained from the lode or mine, or the number of fathoms of ground mined and worked out of the lode or mine claimed to have been drained, and the cost of such examination and inspection to be borne by the party applying therefor.
(2)
The court has power to cause the removal of any rock, debris, or other obstacles in any lode or vein, when such removal is shown to be necessary to a just determination of the question involved. No such order for inspection and examination shall be made except in open court or at chambers, upon notice of application for such order of at least three days, and not then except by agreement of the parties, and not unless it appears that the plaintiff has been refused the privilege of making the inspection and examination by the defendant, his or their agent.
G.L. § 1834. G.S. § 2420. R.S. 08: § 4230. C.L. § 3318. CSA: C. 110, § 211. CRS 53: § 92-27-5. C.R.S. 1963: § 92-27-5.
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 50 - DRAINAGE (§§ 34-50-101 — 34-50-109) › Section 34-50-106 - Right to use of water hoisted

When any person or corporation engages in mining or milling, and in the prosecution of such business hoists or raises water from mines or natural channels, and the water flows away from the premises of such persons or corporations to any natural channel or gulch, the same shall be considered beyond the control of the party so hoisting or raising the same, and may be taken and used by other parties the same as that of natural water courses.
G.L. § 1835. G.S. § 2421. R.S. 08: § 4231. C.L. § 3319. CSA: C. 110, § 212. CRS 53: § 92-27-6. C.R.S. 1963: § 92-27-6.
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 50 - DRAINAGE (§§ 34-50-101 — 34-50-109) › Section 34-50-107 - Liability for flow of water hoisted

After any such water has been so raised and flows into any such natural channel, gulch, or draw, the party so hoisting or raising the same shall only be liable for injury caused thereby, in the same manner as riparian owners along natural water courses.
G.L. § 1836. G.S. § 2422. R.S. 08: § 4232. C.L. § 3320. CSA: C. 110, § 213. CRS 53: § 92-27-7. C.R.S. 1963: § 92-27-7.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 50 - DRAINAGE (§§ 34-50-101 — 34-50-109) › Section 34-50-108 - Applicable to opened mines only

The provisions of this article shall not be construed to apply to incipient or undeveloped mines, but to those only which shall have been opened, and shall clearly derive a benefit from being drained.
G.L. § 1837. G.S. § 2423. R.S. 08: § 4233. C.L. § 3321. CSA: C. 110, § 214. CRS 53: § 92-27-8. C.R.S. 1963: § 92-27-8.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 50 - DRAINAGE (§§ 34-50-101 — 34-50-109) › Section 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.
G.L. § 1838. G.S. § 2424. R.S. 08: § 4234. C.L. § 3322. CSA: C. 110, § 215. CRS 53: § 92-27-9. C.R.S. 1963: § 92-27-9.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-101 - Petition for drainage district - definition

A majority of persons owning and operating mining claims in any mining camp or district whose aggregate valuation for the purpose of taxation within said district shall not be less than one-half the valuation for assessment of all mining claims and premises situated within the boundaries of the proposed drainage district may at any time file with the clerk of the district court of the county in which such claims or the larger part thereof are situated a verified petition addressed to the judge of said district court, praying for the organization of a mine drainage district. "Persons", as used in this article, includes partnerships, joint-stock associations, companies, and corporations.
L. 11: p. 508, § 1. C.L. § 3323. CSA: C. 110, § 216. CRS 53: § 92-28-1. C.R.S. 1963: § 92-28-1.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-102 - Contents of petition

(1)
The petition shall set forth the name of the proposed mine drainage district; the acreage of the mining premises situate therein severally owned by the petitioners; approximately the aggregate area of all mining claims within the district; that said mining premises are capable of being drained and unwatered by one common system of drainage; and that such drainage will be of common benefit to all mining premises within the proposed boundaries of the district.
(2)
Such petition shall further designate the proposed boundaries and give the names of all mining claims known to be located or patented within the district and the names of owners thereof and their post-office addresses so far as known to the petitioners.
L. 11: pp. 508, 509, §§ 2, 3. C.L. §§ 3324, 3325. CSA: C. 110, §§ 217, 218. CRS 53: §§ 92-28-2, 92-28-3. C.R.S. 1963: §§ 92-28-2, 92-28-3.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 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.
L. 11: p. 509, §§ 4, 5. C.L. §§ 3326, 3327. CSA: C. 110, §§ 219, 220. CRS 53: §§ 92-28-4, 92-28-5. C.R.S. 1963: §§ 92-28-4, 92-28-5.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-104 - Mail copy of notice

The court shall further order that a copy of said notice be mailed by the clerk of the court to each person, other than the petitioners, named as an owner in said petition, at least four weeks before the next term of the said court. The fact of the publication and of the mailing of the copies shall be proved in the same manner as is by law required for the proof of publication of process in civil cases.
L. 11: p. 509, § 6. C.L. § 3328. CSA: C. 110, § 221. CRS 53: § 92-28-6. C.R.S. 1963: § 92-28-6.
For proof of publication, see § 24-70-105 and C.R.C.P. 4(h).
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 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.
L. 11: p. 509, § 7. C.L. § 3329. CSA: C. 110, § 222. CRS 53: § 92-28-7. C.R.S. 1963: § 92-28-7.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 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.
L. 11: p. 510, § 8. C.L. § 3330. CSA: C. 110, § 223. CRS 53: § 92-28-8. C.R.S. 1963: § 92-28-8.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-107 - Decree and plat

Upon final hearing, if the finding is in favor of the petitioners, the court shall make a decree that the proposed mine drainage district be established, stating its boundaries and describing it as "Mine Drainage District No. .......... of the county of .........." giving it the proper number, which decree shall contain a plat of the said boundaries. A certified copy of such decree, including the plat, shall be filed with the county clerk and recorder of the county in which the district is situated, and a second copy shall be filed with the division of local government in the department of local affairs.
L. 11: p. 510, § 9. C.L. § 3331. CSA: C. 110, § 224. CRS 53: § 92-28-9. C.R.S. 1963: § 92-28-9. L. 76: Entire section amended, p. 604, § 24, 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) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-108 - Bond for costs

Upon the filing of said petition, the petitioners shall file a bond with sufficient sureties to be approved by the clerk of the court, conditioned for the payment of all costs which may accrue up to and including the filing of said copies of the decree. The court has power to apportion the costs between the petitioners and the parties opposing the petition in case of contest.
L. 11: p. 510, § 12. C.L. § 3334. CSA: C. 110, § 227. CRS 53: § 92-28-12. C.R.S. 1963: § 92-28-12.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-109 - Corporation name

Upon the signing of the decree and the filing of said copies, as provided in section
34-51-107
, said district shall become a municipal corporation and have and exercise all the powers necessary and requisite to carry into effect the objects for which it is formed, including the power to sue and be sued, under the name and style of "Mining Drainage District No. ........ of the county of ..............", the number of the district and the name of the county both being part of its corporate name.
L. 11: p. 510, § 10. C.L. § 3332. CSA: C. 110, § 225. CRS 53: § 92-28-10. C.R.S. 1963: § 92-28-10.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 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
.
L. 11: p. 510, § 11. C.L. § 3333. CSA: C. 110, § 226. CRS 53: § 92-28-11. C.R.S. 1963: § 92-28-11.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-111 - Election of supervisors

(1)
The court in the decree establishing a mine drainage district shall order an election to be held under the supervision of the board of county commissioners of the county wherein said district, or the greater portion thereof, is situated, for the purpose of electing five individuals to constitute the board of supervisors for said district, and shall set the time and place of said election, and direct the clerk of said board of county commissioners to cause notice of said election, and the time and place thereof, to be published for four successive weeks prior to the date of said election, in some newspaper published within the county. The individuals so elected shall hold office for one, two, three, four, and five years, in accordance with the number of votes received by them respectively. The individual receiving the highest number of votes is to serve for five years, the one receiving the next highest, four years, the next highest, three years, the next highest, two years, and the next highest, one year.
(2)
Each year following the organization of the mine drainage district, elections shall be called by and held under the supervision of the board of county commissioners for the purpose of electing a successor to the member of the board of supervisors of the mine drainage district whose term expires, and to fill any other vacancies that may exist in said board, and at such election a new member shall be elected to said board of supervisors to hold office for five years. Notice of such subsequent elections is to be given in the same manner as provided in this section to be given in the case of the first election. At all elections for members of the board of supervisors of a mine drainage district, each person owning mining claims in the district shall be entitled to one vote for each claim or fractional claim within said district, owned by such person, and only individuals who are residents of the county wherein the mine drainage district lies, and who are owners of mining claims within said district, or officers, managers, or superintendents of corporations owning mining claims within said district shall be qualified for election as members of said board.
L. 11: p. 510, § 13. C.L. § 3335. CSA: C. 110, § 228. CRS 53: § 92-28-13. C.R.S. 1963: § 92-28-13.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-112 - Organization - records - office

The board of county commissioners shall provide office room for said board of supervisors and a place for the deposit of their records. Said board shall organize by electing a chairman from their own number and by electing a clerk not of their own number, and the board shall require such clerk to keep regular minutes of their meetings and accounts of all receipts and expenditures. All records and accounts shall be open to public inspection, the same as the public records of the office of the county clerk and recorder. Meetings shall be at the call of the chairman or any two members of the board, and not less than three members shall constitute a quorum. All special and regular meetings of the board of supervisors shall be held at locations which are within the boundaries of the district or which are within the boundaries of any county in which the district is located, in whole or in part, or in any county so long as the meeting location does not exceed twenty miles from the district boundaries. The provisions of this section governing the location of meetings may be waived only if the proposed change of location of a meeting of the board appears on the agenda of a regular or special meeting of the board and if a resolution is adopted by the board stating the reason for which a meeting of the board is to be held in a location other than under the provisions of this section and further stating the date, time, and place of such meeting.
L. 11: p. 511, § 14. C.L. § 3336. CSA: C. 110, § 229. CRS 53: § 92-28-14. C.R.S. 1963: § 92-28-14. L. 90: Entire section amended, p. 1500, § 11, 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) › METAL MINES (§§ 34-40-100.3 — 34-54-107) › Article 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 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.
L. 11: p. 512, § 15. C.L. § 3337. CSA: C. 110, § 230. CRS 53: § 92-28-15. C.R.S. 1963: § 92-28-15.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-114 - Notice of selection of system

Upon the adoption of any system of drainage, the clerk of the board shall cause to be published once a week for four successive weeks in some weekly newspaper published in the county a notice stating in general terms the system adopted and the estimated cost, and shall mail a copy of such notice to each person shown on the mine drainage district records to be a party in interest.
L. 11: p. 512, § 16. C.L. § 3338. CSA: C. 110, § 231. CRS 53: § 92-28-16. C.R.S. 1963: § 92-28-16.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-115 - Letting contracts

The board has power to employ labor and professional services as required and to do all things necessary to carry out the details of the plan and to contract for the work to be done by a single contract or to divide it into sections and let contracts from time to time.
L. 11: p. 512, § 17. C.L. § 3339. CSA: C. 110, § 232. CRS 53: § 92-28-17. C.R.S. 1963: § 92-28-17.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-116 - Inspection

All parties in interest shall have access to the main avenues and laterals of such drainage system, subject to such rules and regulations as are adopted by the board of supervisors.
L. 11: p. 512, § 18. C.L. § 3340. CSA: C. 110, § 233. CRS 53: § 92-28-18. C.R.S. 1963: § 92-28-18.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-118 - Collection of taxes

Such levy shall be certified by the clerk under the seal of the district, to the county assessor, and shall be extended upon his books and collected in all respects as provided for the collection of other taxes in the county in which the district is situate. The general revenue laws of this state for the assessment, levying, and collection of taxes, and providing for relief to the taxpayer in cases of erroneous, double, or illegal assessments, except as modified in this section, shall be applicable for the purposes of this article, including the enforcement of penalties and forfeitures for delinquent taxes, except that the duties and functions vested by law in county boards of equalization in reference to general taxes shall be exercised in the case of all taxes levied and collected under this article by the respective boards of supervisors of the various mine drainage districts that may be authorized under this article.
L. 11: p. 512, § 20. C.L. § 3342. CSA: C. 110, § 235. CRS 53: § 92-28-20. C.R.S. 1963: § 92-28-20.
For general revenue taxation, see title 39.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-119 - Bonds - sales - interest and lien

The board has power to raise money necessary to carry out the system of drainage adopted, and to otherwise accomplish the objects and purposes of this article, by the issue and sale of bonds, bearing interest not to exceed eight percent per annum, payable at the office of the county treasurer, in even sums of not less than five hundred dollars, and such bonds shall be a lien upon all property within the boundaries of the district made taxable under this article. The board may sell bonds from time to time in such quantities as may be necessary to carry out the objects and purposes of this article. Before making any sale the board shall, at a meeting, by resolution declare its intention to sell and shall cause such resolution to be entered in the minutes and notice of the sale to be given by publication thereof at least twenty days in a daily newspaper published in the city of Denver, and in any other newspaper, at its discretion. The notice shall state that sealed proposals will be received by the board at its office, for the purchase of the bonds, till the day and hour named in the resolution. At the time appointed the board shall open the proposals and award the purchase of the bonds to the highest responsible bidder and may reject all bids; but said board in no event shall sell any of said bonds for less than ninety-five percent of the face value thereof.
L. 11: p. 513, § 21. C.L. § 3343. CSA: C. 110, § 236. CRS 53: § 92-28-21. C.R.S. 1963: § 92-28-21.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-120 - Warrants

The county treasurer shall pay out the funds collected as taxes under sections
34-51-117
to
34-51-119
, or any funds however acquired, only upon warrants drawn against the same by the mine drainage district, under its corporate seal, signed by the clerk and countersigned by the chairman of the board. Warrants drawn under this article shall be assignable, transferable, and payable in all respects the same as county warrants.
L. 11: p. 513, § 22. C.L. § 3344. CSA: C. 110, § 237. CRS 53: § 92-28-22. C.R.S. 1963: § 92-28-22.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-121 - Salaries and per diem

The salary of the clerk shall be fixed by the board. The members of the board shall receive no compensation, except five dollars per day while in actual session, and no member shall receive in the aggregate more than two hundred dollars in any one calendar year.
L. 11: p. 514, § 23. C.L. § 3345. CSA: C. 110, § 238. CRS 53: § 92-28-23. C.R.S. 1963: § 92-28-23.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-122 - Collection of tolls

Every mine drainage district has a right to collect tolls for the use of the right-of-way, upon terms fixed by the board, which shall be the same to all parties for like services; to accept compensation for service to adjoining mines outside the district and accept revenue from all parties benefited by any use of the property, assets, or easements of the district. All funds accruing under this section shall be used to diminish the tax rate and any excess of revenue over expenses not held as a sinking fund shall be repaid pro rata to the payers of previous taxes.
L. 11: p. 514, § 24. C.L. § 3346. CSA: C. 110, § 239. CRS 53: § 92-28-24. C.R.S. 1963: § 92-28-24.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-123 - Eminent domain

Any mine drainage district has the right to accept deeds for rights-of-way and other easements by gift or upon compensation to be paid, and when reasonable compensation for rights-of-way or other essential easements cannot be agreed upon, the district has the power to exercise the right of eminent domain under the statutes of this state.
L. 11: p. 514, § 25. C.L. § 3347. CSA: C. 110, § 240. CRS 53: § 92-28-25. C.R.S. 1963: § 92-28-25.
For eminent domain, see articles 1 to 7 of title 38.
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 51 - MINE DRAINAGE DISTRICTS (§§ 34-51-101 — 34-51-124) › Section 34-51-124 - Prior drainage statutes

Nothing in this article shall be construed to repeal the provisions of the statutes of this state concerning drainage, but said statutes shall have no application within the limits of any mine drainage district created under the existing provisions of this article.
L. 11: p. 514, § 26. C.L. § 3348. CSA: C. 110, § 241. CRS 53: § 92-28-26. C.R.S. 1963: § 92-28-26.
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 52 - [Repealed] (§ 34-52-101) › Section 34-52-101 - to 34-52-107 - [Repealed]

L. 76: Entire article repealed, p. 746, § 1, effective February 20.
This article was numbered as article 29 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 53 - SALES OF ORE (§§ 34-53-101 — 34-53-112) › Section 34-53-101 - Purchasing ore unlawfully - penalty

Any person, association, or corporation, or the agent of any person, association, or corporation, who knowingly purchases, or contracts to purchase, or makes any payment for or on account of any ore which has been taken from any mine or claim, by persons who have taken or may be holding possession of any such mine or claim, contrary to any penal law in force, shall be considered as an accessory after the fact to the unlawful holding or taking of such mine or claim and, upon conviction thereof, shall be subjected to the same punishment to which the principals may be liable.
G.L. § 1961. G.S. § 2510. R.S. 08: § 4239. C.L. § 3353. CSA: C. 110, § 246. CRS 53: § 92-30-1. C.R.S. 1963: § 92-30-1.
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 53 - SALES OF ORE (§§ 34-53-101 — 34-53-112) › Section 34-53-102 - False weights - scales - penalty

Any person, association, or corporation, or the agent of any person, association, or corporation, engaged in the business of milling, sampling, concentrating, reducing, shipping, or purchasing ores who keeps or uses any false or fraudulent scales or weights for weighing ore, or who keeps or uses any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be false, commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, §610, eff. 3/1/2022.
G.L. § 1962. G.S. § 2511. R.S. 08: § 4240. C.L. § 3354. CSA: C. 110, § 247. CRS 53: § 92-30-2. C.R.S. 1963: § 92-30-2. L. 2021: Entire section amended, (SB 21-271), ch. 3275, p. 3275, § 610, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For penalty for use or possession of false weights or measures, see §18-5-301 .
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 53 - SALES OF ORE (§§ 34-53-101 — 34-53-112) › Section 34-53-103 - Altering value - certificate - penalty

Any person, corporation, or association, or the agent of any person, corporation, or association, engaged in the milling, sampling, concentrating, reducing, shipping, or purchasing of ores in this state who in any manner knowingly alters or changes the true value of any ores delivered to him or her, so as to deprive the seller of the result of the correct value of the same, or who substitutes other ores for those delivered to him or her, or who issues any bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value, and total amount paid for any lot of ore purchased, or who, by any secret understanding or agreement with another, issues a bill of sale or certificate of purchase that does not truthfully and correctly set forth the weight, assay value, and total amount paid for any lot of ore purchased by him or her commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, §611, eff. 3/1/2022.
G.L. § 1963. G.S. § 2512. R.S. 08: § 4241. C.L. § 3355. CSA: C. 110, § 248. CRS 53: § 92-30-3. C.R.S. 1963: § 92-30-3. L. 2021: Entire section amended, (SB 21-271), ch. 3275, p. 3275, § 611, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(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 53 - SALES OF ORE (§§ 34-53-101 — 34-53-112) › Section 34-53-104 - Failure to account - penalty

The owner, manager, or agent of any species of quartz mill, arrastra mill, furnace, or cupel, employed in extracting gold from quartz, pyrites, or other minerals, who neglects or refuses to account for, or pay over and deliver, all the proceeds thereof to the owner of such quartz, pyrites, or other mineral, excepting such portion of said proceeds as he or she is entitled to in return for his or her services, commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
R.S. p. 232, § 165. G.L. § 765. G.S. § 887. R.S. 08: § 4242. C.L. § 3356. CSA: C. 110, § 249. CRS 53: § 92-30-4. C.R.S. 1963: § 92-30-4. L. 77: Entire section amended, p. 882, § 60, effective 7/1/1979. L. 89: Entire section amended, p. 848, § 125, effective July 1. L. 2002: Entire section amended, p. 1547, § 303, effective October 1.
The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, §23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 54 (1980).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
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 53 - SALES OF ORE (§§ 34-53-101 — 34-53-112) › Section 34-53-105 - Person in possession of ore deemed owner

Any person, association of persons, or corporation in the peaceful possession of any mining claim, under claim or color of title, and engaged in the mining and sale of ores therefrom, as to all persons purchasing such ore, in good faith and without notice, as provided in section
34-53-107
, of the claim of any other person, association, or corporation to such mining claim, shall be deemed to be the owner of such ore.
L. 1889: p. 273, § 1. R.S. 08: § 4244. C.L. § 3358. CSA: C. 110, § 251. CRS 53: § 92-30-6. C.R.S. 1963: § 92-30-6.
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 53 - SALES OF ORE (§§ 34-53-101 — 34-53-112) › Section 34-53-106 - Purchasing ore in good faith

Any person who, or association or corporation which, in good faith and in the usual course of business, and without notice, as provided in section
34-53-107
, purchases and obtains delivery of any ore from any person, association, or corporation in possession of any mining claim is deemed the owner of such ore, and shall not be subject to any action therefor and for the value thereof by any person, association, or corporation who may ultimately be adjudged to be the owner of such mining claim.
L. 1889: p. 274, § 2. R.S. 08: § 4245. C.L. § 3359. CSA: C. 110, § 252. CRS 53: § 92-30-7. C.R.S. 1963: § 92-30-7.