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 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-106 - Manner of locating claims

(1)
Before filing such location certificate, the discoverer shall locate his claim by:
(a)
Sinking a discovery shaft upon the lode to the depth of at least ten feet from the lowest part of the rim of such shaft at the surface, or deeper if necessary, to show a well-defined crevice;
(b)
Posting at the point of discovery on the surface a plain sign or notice, containing the name of the lode, the name of the locator, and the date of discovery;
(c)
Marking the surface boundaries of the claim.
(2)
The locator of any mining claim, in lieu of sinking a discovery shaft as required in paragraph (a) of subsection (1) of this section, may at his option, within the period allowed for the recording of the location certificate as provided in section
34-43-103
, file in the office of the county clerk and recorder of the county in which such claim is located, a map which shall be attached to said location certificate, which map shall be of a scale of approximately one inch equals five hundred feet, prepared from an actual field survey and shall show the following:
(a)
The name and address of the discoverer of the claim;
(b)
The legal subdivisions of the land upon which the claim is located, if such land is surveyed;
(c)
The claim pattern with courses and distances of the boundary lines, and reference to the nearest section or quarter-section corner of the public land survey, if surveyed, or reference to a permanent monument, if unsurveyed, by which the location of the claim on the ground can be readily and accurately ascertained.
(3)
The owner of any mining claim located prior to April 8, 1955, may avail himself of the provisions of this subsection (3) and subsection (2) of this section by preparing and filing with the county clerk and recorder of the county in which the claim is situated an amended location certificate with a map as provided in subsection (2) of this section within one hundred eighty days from April 8, 1955.
L. 1874: p. 186, § 5. G.L. § 1815. G.S. § 2401. R.S. 08: § 4197. C.L. § 3283. CSA: C. 110, § 173. CRS 53: § 92-22-6. L. 55: p. 603, § 1. C.R.S. 1963: § 92-22-6.
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 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-107 - Marking boundaries

Such surface boundaries shall be marked by six substantial posts hewed or marked on the sides which are in toward the claim, and sunk in the ground, one at each corner and one at the center of each side line. Where it is practically impossible on account of bedrock to sink such posts, they may be placed in a pile of stones, and where in marking the surface boundaries of a claim any one or more of such posts fall by right upon precipitous ground where the proper placing of it is impractical or dangerous to life or limb, it shall be legal and valid to place any such post at the nearest practicable point, suitably marked, to designate the proper place.
L. 1874: p. 187, § 6. L. 1876: p. 94, § 1. G.L. § 1816. G.S. § 2402. R.S. 08: § 4198. C.L. § 3284. CSA: C. 110, § 174. CRS 53: § 92-22-7. C.R.S. 1963: § 92-22-7.
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 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-108 - To hold lode - crosscut - tunnel - adit

Any open cut, crosscut, or tunnel which cuts a lode at the depth of ten feet below the surface shall hold such lode, the same as if a discovery shaft were sunk thereon, or an adit of at least ten feet in along the lode, from the point where the lode may be in any manner discovered, shall be equivalent to a discovery shaft.
L. 1874: p. 187, § 7. G.L. § 1817. G.S. § 2403. R.S. 08: § 4199. C.L. § 3285. CSA: C. 110, § 175. CRS 53: § 92-22-8. C.R.S. 1963: § 92-22-8.
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 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-109 - Sixty days to sink discovery shaft

The discoverer shall have sixty days from the time of uncovering or disclosing a lode to sink a discovery shaft thereon.
L. 1874: p. 187, § 8. G.L. § 1818. G.S. § 2404. R.S. 08: § 4200. C.L. § 3286. CSA: C. 110, § 176. CRS 53: § 92-22-9. C.R.S. 1963: § 92-22-9.
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 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-110 - What location includes - extralateral rights

The location or location certificate of any lode claim shall be construed to include all surface ground within the surface lines thereof, and all lodes and ledges throughout their entire depth, the top or apex of which lies inside of such lines extended downward, vertically, with such parts of all lodes or ledges as continue by dip beyond the side lines of the claim, but shall not include any portion of such lodes or ledges beyond the end lines of the claim or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode.
L. 1874: p. 187, § 9. G.L. § 1819. G.S. § 2405. R.S. 08: § 4201. C.L. § 3287. CSA: C. 110, § 177. CRS 53: § 92-22-10. C.R.S. 1963: § 92-22-10.
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 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-111 - Top not to be followed beyond lines

If the top or apex of a lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface, or as extended vertically downward, such lode may not be followed in its longitudinal course beyond the point where it is intersected by the exterior lines.
L. 1874: p. 187, § 10. G.L. § 1820. G.S. § 2406. R.S. 08: § 4202. C.L. § 3288. CSA: C. 110, § 178. CRS 53: § 92-22-11. C.R.S. 1963: § 92-22-11.
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 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-112 - Placer claim certificate - recording - manner of locating

(1)
The discoverer of a placer claim, within thirty days from the date of discovery, shall record his claim in the office of the recorder of the county in which said claim is situated by a location certificate, which shall contain:
(a)
The name of the claim, designating it as a placer claim;
(b)
The name of the locator;
(c)
The date of location;
(d)
The number of acres or feet claimed; and
(e)
A description of the claim by such reference to natural objects or permanent monuments as shall identify the claim.
(2)
Before filing such location certificate the discoverer shall locate his claim:
(a)
By posting upon such claim a plain sign or notice containing the name of the claim, the name of the locator, the date of discovery, and the number of acres or feet claimed;
(b)
By marking the surface boundaries with substantial posts, sunk into the ground, one at each angle of the claim.
L. 1879: p. 140, § 1. G.S. § 2385. R.S. 08: § 4205. C.L. § 3289. CSA: C. 110, § 179. CRS 53: § 92-22-12. C.R.S. 1963: § 92-22-12.
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 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-113 - Tunnel claim - recording

If any person locates a tunnel claim for the purpose of discovery, he shall record the same, specifying the place of commencement and termination thereof with the names of the parties interested therein.
R.S. p. 465, § 4. G.L. § 1800. G.S. § 2389. R.S. 08: § 4207. C.L. § 3290. CSA: C. 110, § 180. CRS 53: § 92-22-13. C.R.S. 1963: § 92-22-13.
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 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-114 - [Effective Until 7/1/2025] Affidavit of annual labor, improvements, or payment of federal claim rental fee - effect of filing

(1)
On or before December 30th of each year following the end of any set time or annual period allowed for the performance of labor or making improvements upon any lode claim or placer claim, or for the payment of an annual claim rental fee as required by federal law in lieu of such work or improvements, the person on whose behalf such outlay was made, or such person's representative, may make and record in the office of the recorder of the county wherein such claim is situate an affidavit in substance as follows:
STATE OF COLORADO
)
)
ss.
County of .....................................
)
Before me, the subscriber personally appeared ............, who, being duly sworn, saith that at least ........ dollars [worth of work or improvements were performed or made upon] [claim rental fee as required by federal law was paid upon] (here describe claim or part of claim), situate in .............. mining district, county of .............., state of Colorado, between the .............. day of .............., A.D..., and the .... day of .............., A.D.... Such expenditure was made by or at the expense of .............., owners of said claim, for the purpose of complying with the law, and holding said claim.
Jurat:
(Signature) ......................................
(2)
Such affidavit when recorded shall be prima facie evidence of the performance of such labor or the making of such improvements or the payment of such annual claim rental fee. The original thereof, or a certified copy of the record of the same, shall be received as evidence accordingly by the courts of this state, and this class of evidence shall be receivable, where relevant or material, in all causes.
(3)
The fee for recording the affidavit described in subsection (1) of this section is set forth in section
30-1-103 (2)(m)
, C.R.S.
L. 1874: p. 189, § 15. G.L. § 1824. G.S. § 2410. L. 1887: p. 342, § 1. L. 1889: p. 261, § 1. R.S. 08: § 4209. C.L. § 3291. CSA: C. 110, § 181. CRS 53: § 92-22-14. C.R.S. 1963: § 92-22-14. L. 81: (1) amended, p. 1687, § 1, effective April 30. L. 88: (3) added, p. 1107, § 2, effective 1/1/1989. L. 94: (1) and (2) amended, p. 634, § 1, effective April 14.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 34-43-114 - [Effective 7/1/2025] Affidavit of annual labor, improvements, or payment of federal claim rental fee - effect of filing

(1)
On or before December 30th of each year following the end of any set time or annual period allowed for the performance of labor or making improvements upon any lode claim or placer claim, or for the payment of an annual claim rental fee as required by federal law in lieu of such work or improvements, the person on whose behalf such outlay was made, or such person's representative, may make and record in the office of the recorder of the county wherein such claim is situate an affidavit in substance as follows:
STATE OF COLORADO
)
)
ss.
County of .....................................
)
Before me, the subscriber personally appeared ............, who, being duly sworn, saith that at least ........ dollars [worth of work or improvements were performed or made upon] [claim rental fee as required by federal law was paid upon] (here describe claim or part of claim), situate in .............. mining district, county of .............., state of Colorado, between the .............. day of .............., A.D..., and the .... day of .............., A.D.... Such expenditure was made by or at the expense of .............., owners of said claim, for the purpose of complying with the law, and holding said claim.
Jurat:
(Signature) ......................................
(2)
Such affidavit when recorded shall be prima facie evidence of the performance of such labor or the making of such improvements or the payment of such annual claim rental fee. The original thereof, or a certified copy of the record of the same, shall be received as evidence accordingly by the courts of this state, and this class of evidence shall be receivable, where relevant or material, in all causes.
(3)
[Repealed by 2024 Amendment.]
Amended by 2024 Ch. 394,§ 3, eff. 7/1/2025, app. to documents filed or recorded on or after 7/1/2025.
L. 1874: p. 189, § 15. G.L. § 1824. G.S. § 2410. L. 1887: p. 342, § 1. L. 1889: p. 261, § 1. R.S. 08: § 4209. C.L. § 3291. CSA: C. 110, § 181. CRS 53: § 92-22-14. C.R.S. 1963: § 92-22-14. L. 81: (1) amended, p. 1687, § 1, effective April 30. L. 88: (3) added, p. 1107, § 2, effective 1/1/1989. L. 94: (1) and (2) amended, p. 634, § 1, effective April 14.
2024 Ch. 394, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 34-43-115 - Relocation by owner - conditions

If at any time the locator of any mining claim, or his assigns, apprehends that his original certificate is defective, erroneous, or that the requirements of the law had not been complied with before filing, or is desirous of changing his surface boundaries, or of taking in any part of an overlapping claim which has been abandoned, or in case the original certificate was made prior to June 1, 1874, and he is desirous of securing the benefits of this article, such locator, or his assigns, may file an additional certificate, subject to the provisions of this article, if his relocation does not interfere with the existing rights of others at the time of such relocation. No such relocation or other record thereof shall preclude the claimant from proving any such title as he may hold under previous location.
L. 1874: p. 188, § 13. G.L. § 1823. G.S. § 2409. R.S. 08: § 4210. C.L. § 3292. CSA: C. 110, § 182. CRS 53: § 92-22-15. C.R.S. 1963: § 92-22-15.
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 43 - CLAIMS - HOW LOCATED (§§ 34-43-101 — 34-43-116) › Section 34-43-116 - Relocation of abandoned claims

The relocation of abandoned lode claims shall be by sinking a new discovery shaft and fixing new boundaries in the same manner as if it were the location of a new claim; or the relocator may sink the original discovery shaft ten feet deeper than it was at the time of abandonment, and erect new or adopt the old boundaries, renewing the posts if removed or destroyed. In either case a new location stake shall be erected.
L. 1874: p. 189, § 16. G.L. § 1825. G.S. § 2411. R.S. 08: § 4211. L. 11: p. 515, § 2. C.L. § 3293. CSA: C. 110, § 183. CRS 53: § 92-22-16. C.R.S. 1963: § 92-22-16.
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 44 - TENANTS IN COMMON OF MINES (§§ 34-44-101 — 34-44-110) › Section 34-44-101 - Legislative declaration

This article shall be construed as a remedial law, intended to promote mining activity, and shall be liberally construed in favor of the working tenant.
L. 23: p. 455, § 9. CSA: C. 92, § 16. CRS 53: § 92-23-9. C.R.S. 1963: § 92-23-9.
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 44 - TENANTS IN COMMON OF MINES (§§ 34-44-101 — 34-44-110) › Section 34-44-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Mine" includes all real property acquired, used, or chiefly valuable for mining purposes.
(2)
"Mining operation" includes all acts constituting the prospecting, development, and working of a mine, including the milling and sale of ore, minerals, and mine products, which are carried out with reasonable diligence from the beginning of work until completion of the operation, or until abandonment, or termination by law.
(3)
"Person" includes a corporation, partnership, firm, association of persons, personal representative, heir, assignee, trustee, or receiver.
(4)
"Tenant" includes tenant in common, joint tenant, or coparcener.
L. 23: p. 455, § 9. CSA: C. 92, § 16. CRS 53: § 92-23-9. C.R.S. 1963: § 92-23-9.
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 44 - TENANTS IN COMMON OF MINES (§§ 34-44-101 — 34-44-110) › Section 34-44-103 - Mine owners - tenants in common - rights

If two or more persons own any mine they shall be considered tenants in common. Any one or more such tenants in common shall have the right to enter upon, occupy, prospect, develop, and work said mine in a minerlike manner, extracting, milling, and disposing of the ore from the common property without the consent of any nonworking tenant in common, subject to accounting to the nonworking tenant in common for his proportionate share of the net profits of such mining operations.
L. 23: p. 451, § 1. CSA: C. 92, § 8. CRS 53: § 92-23-1. C.R.S. 1963: § 92-23-1.
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 44 - TENANTS IN COMMON OF MINES (§§ 34-44-101 — 34-44-110) › Section 34-44-104 - Accounting - items considered

In said accounting, the working tenant shall be permitted to set off against the proceeds of such mining operation all expenditures and expenses of said work, including: The building and repairing of such roads, whether public or private, as are necessary or expedient to furnish economical transportation to mill or reduction works or railroad; prospecting, development work, and mining, including openings and appliances for ventilation and drainage, and dead work generally; the purchase, installation, maintenance, and operation of tools, machinery, equipment, and appliances for prospecting, developing, and working the mine, and of transporting ore and products, and all other expenses reasonably incident to or arising out of such mining operation. In said accounting, the working tenant shall be allowed setoff for the reasonable value of his service actually rendered in or upon the operation, but the amount of compensation shall not exceed the current rate of wages or compensation for work of like character in the community in which said mine is situate, and shall also be allowed setoff for his expenditures and expenses in prospecting unless it clearly and convincingly appears that said prospecting was done in bad faith with willful intent to injure or defraud the nonworking tenant.
L. 23: p. 451, § 2. CSA: C. 92, § 9. CRS 53: § 92-23-2. C.R.S. 1963: § 92-23-2.
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 44 - TENANTS IN COMMON OF MINES (§§ 34-44-101 — 34-44-110) › Section 34-44-105 - Contribution from tenants - liens

No working tenant shall have any right to demand contribution from any nonworking tenant, except out of the proceeds or net profits of such mining operation; and no lien shall be created or attach to the interest of the nonworking tenant, but only to the interest of the working tenant.
L. 23: p. 452, § 3. CSA: C. 92, § 10. CRS 53: § 92-23-3. C.R.S. 1963: § 92-23-3.
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 44 - TENANTS IN COMMON OF MINES (§§ 34-44-101 — 34-44-110) › Section 34-44-106 - Statement - disposition of profits

The working tenant shall render to the nonworking tenant, at least once in every six months after commencing said operation and also within thirty days after completing said operation, a written statement giving a true, full, and fair account of all of the expenditures and expenses of said work and mining operation, and of the proceeds of all ore or minerals extracted and sold, and the net profits or losses of the operation from the beginning of said operation to the date of such statement. If said operation has been conducted at a net profit the working tenant shall at once pay to the nonworking tenant his proportionate share of said net profits, and if he fails to do so, his right to continue such mining operation under the provisions of this article shall at once cease. In case the address of any nonworking tenant is unknown, or he has failed to notify the working tenant of a place at which, or an agent to whom, payment may be made, or if he cannot be conveniently found so that payment may be made to him of his proportionate share of said net profits, or in case any nonworking tenant is dead and there is no known executor or administrator of his estate in the state of Colorado qualified to receive such statement and payment, the working tenant may deposit said statement and payment with the state treasurer who shall receive said deposit under the same obligations and with like effect as other deposits made under the provisions of section
15-12-914
, C.R.S.
L. 23: p. 452, § 4. CSA: C. 92, § 11. CRS 53: § 92-23-4. C.R.S. 1963: § 92-23-4. L. 73: p. 1648, § 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 44 - TENANTS IN COMMON OF MINES (§§ 34-44-101 — 34-44-110) › Section 34-44-107 - Actions of accounting - setoffs

On and after April 13, 1923, in all actions for an accounting between tenants in common of any mine, the working tenant shall be allowed to establish his expenditures and expenses, by way of setoff against the proceeds and profits of the operation, without being required to show either that the improvements were necessary or that they enhanced the value of the property.
L. 23: p. 453, § 5. CSA: C. 92, § 12. CRS 53: § 92-23-5. C.R.S. 1963: § 92-23-5.
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 44 - TENANTS IN COMMON OF MINES (§§ 34-44-101 — 34-44-110) › Section 34-44-108 - Notice to tenants - contents - effect

(1)
Any tenant in common of any mine who commences to work the same without the consent of the other tenants in common and who desires to avail himself of the benefits of this article shall give a written notice to the other tenants in common interested in said mine stating his intention to work said mine. The notice shall describe the property by name, patent survey number, or book and page of the recorded location certificate, or other certain description, and shall give the name and post-office address of the working tenant, or the name and post-office address of the lessee where the proposed work is to be done under lease, the general plan, the date of commencing said mining operation, and the probable duration thereof, and shall invite the other tenants in common of said mine to join in said operation.
(2)
Such notice shall be served, within ten days after its date, upon all other tenants in common by delivering a copy personally, or by depositing the same in the mail, postage prepaid, addressed to such person at his last known address. If any tenant in common cannot be served in this manner within ten days after the date of said notice, the notice shall be recorded within twenty days after its date in the office of the recorder of the county in which said mine is situated, and such record, from and after its recording, shall be constructive notice to all persons not otherwise notified.
(3)
Any tenant in common in said mine shall have the right, within twenty days after the receipt of said notice by him personally, or within thirty days after the record of said notice in case he has not otherwise received notice or obtained knowledge of said mining operation, to join in said mining operation to the extent of his proportionate interest in said mine, upon giving to the working tenant written notice of his intention so to do, and upon paying to the working tenant his proportionate part of the expenditures and expenses of said mining operation from the date of commencing work to the date of so joining in said mining operation.
(4)
In the event that any working tenant does not give the notice provided in this section, and serve or record the notice as provided in this section, he shall be denied any rights, benefits, or remedies created or conferred by this article, and shall have only such rights and remedies and be under such duties and liabilities as existed by law prior to April 13, 1923.
L. 23: p. 454, § 6. CSA: C. 92, § 13. CRS 53: § 92-23-6. C.R.S. 1963: § 92-23-6.
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 44 - TENANTS IN COMMON OF MINES (§§ 34-44-101 — 34-44-110) › Section 34-44-109 - Setoff rules applicable - when

The provisions of this article, as to the principles and rules of decision relating to setoff in accounting, shall apply to all actions for accounting between tenants in common of mines in which a final judgment or decree of accounting has not been made and entered of record.
L. 23: p. 455, § 7. CSA: C. 92, § 14. CRS 53: § 92-23-7. C.R.S. 1963: § 92-23-7.
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 44 - TENANTS IN COMMON OF MINES (§§ 34-44-101 — 34-44-110) › Section 34-44-110 - Leases - rights and duties of lessee

Any tenant in common, joint tenant, or coparcener in any mine shall have the right to lease his interest therein, and his lessee shall in such case be entitled to all the rights, benefits, and remedies, and shall be subject to all the duties and obligations of a working tenant as provided in this article.
L. 23: p. 455, § 8. CSA: C. 92, § 15. CRS 53: § 92-23-8. C.R.S. 1963: § 92-23-8.
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 45 - OFFENSES (§§ 34-45-101 — 34-45-107) › Section 34-45-101 - Damages for taking ore

In trials for the recovery of the value of ore or minerals wrongfully mined and extracted, if plaintiff shows himself entitled to recover, and if he had the rightful possession of the ground from which the ore was taken at the time the action was brought or tried, the fact that defendant may have been in possession, either actual or constructive, when the case was tried shall not deprive plaintiff from recovering damages for the value of the ore or mineral mined and extracted according to the rules of law pertaining to the trials of actions of that character. But for the purpose of the action, plaintiff shall be deemed and held to be in possession of all the ground, drifts, stopes, openings, and premises from which the ore was taken, although he may not be able to reach such ground from his own openings and workings. The rule of law that plaintiff can recover nominal damages for the first entry, and then wait until he obtains actual possession of the ground from which the ore was taken, and then bring another action for the value of the ore or mineral so mined and taken, shall not be observed nor applied to defeat, in the first action, the recovery of the value of the ore or mineral so wrongfully mined and taken.
L. 1893: p. 349, § 1. R.S. 08: § 4219. C.L. § 3307. CSA: C. 110, § 200. CRS 53: § 92-26-1. C.R.S. 1963: § 92-26-1.
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 45 - OFFENSES (§§ 34-45-101 — 34-45-107) › Section 34-45-102 - [Repealed]

L. 1874: p. 192, § 3. G.L. § 1828. G.S. § 2414. R.S. 08: § 4220. C.L. § 3308. CSA: C. 110, § 201. CRS 53: § 92-26-2. C.R.S. 1963: § 92-26-2. L. 2003: Entire section repealed, p. 915, § 24, effective August 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 45 - OFFENSES (§§ 34-45-101 — 34-45-107) › Section 34-45-103 - Killing in entry by force

If any persons associate and agree to enter by force of numbers, and such number is calculated to inspire terror, or by force and violence, or by threats of violence, against any persons in the actual possession of any lode, gulch, or placer claim, and upon or into such lode, gulch, or placer claim, and upon such entry, any persons are killed, said persons, and each of them, so entering, shall be deemed guilty of murder in the first degree, and punished accordingly. Upon the trial of such cases, any person cognizant of such entry, who shall either be present, aiding and assisting, or shall by promise of money, property, influence, assistance, or other thing of value, in any way encourage such entry, shall be deemed a principal in the commission of said offense.
L. 1874: p. 192, § 4. L. 1876: p. 94, § 1. G.L. § 1829. G.S. § 2415. R.S. 08: § 4221. C.L. § 3309. CSA: C. 110, § 202. CRS 53: § 92-26-3. L. 63: p. 339, § 53. C.R.S. 1963: § 92-26-3.
For murder in the first degree, see § 18-3-102.
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 45 - OFFENSES (§§ 34-45-101 — 34-45-107) › Section 34-45-104 - [Repealed]

L. 1889: p. 460, § 1. R.S. 08: § 4222. C.L. § 3310. CSA: C. 110, § 203. CRS 53: § 92-26-4. C.R.S. 1963: § 92-26-4. L. 77: Entire section repealed, p. 293, § 9, effective May 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 45 - OFFENSES (§§ 34-45-101 — 34-45-107) › Section 34-45-105 - [Repealed]

L. 1889: p. 460, § 2. R.S. 08: § 4223. C.L. § 3311. CSA: C. 110, § 204. CRS 53: § 92-26-5. C.R.S. 1963: § 92-26-5. L. 77: Entire section repealed, p. 293, § 9, effective May 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 45 - OFFENSES (§§ 34-45-101 — 34-45-107) › Section 34-45-106 - [Repealed]

L. 1889: p. 460, § 3. R.S. 08: § 4224. C.L. § 3312. CSA: C. 110, § 205. CRS 53: § 92-26-6. C.R.S. 1963: § 92-26-6. L. 77: Entire section repealed, p. 293, § 9, effective May 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 45 - OFFENSES (§§ 34-45-101 — 34-45-107) › Section 34-45-107 - [Repealed]

L. 1889: p. 461, § 4. R.S. 08: § 4225. C.L. § 3313. CSA: C. 110, § 206. CRS 53: § 92-26-7. C.R.S. 1963: § 92-26-7. L. 77: Entire section repealed, p. 293, § 9, effective May 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 46 - MINING EQUIPMENT - OWNERSHIP (§§ 34-46-101 — 34-46-106) › Section 34-46-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Mining equipment" includes all parts of a mine plant or any equipment used in connection with any such plant, whether the same is underground or on the surface, which contributes or may contribute to the mining, treatment, or handling of ores, or any metalliferous or nonmetalliferous mineral products, and, without restriction, such generalization includes any new or used tools, track, cars, pipe, cable, timber, belting, houses, tents, or treatment plants or parts thereof, of the value when new of not less than twenty-five dollars.
L. 41: p. 540, § 1. CSA: C. 110, § 332. CRS 53: § 92-36-1. C.R.S. 1963: § 92-35-1.
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 46 - MINING EQUIPMENT - OWNERSHIP (§§ 34-46-101 — 34-46-106) › Section 34-46-102 - Written evidence of ownership required

It is unlawful for any person to have in his possession any mining equipment acquired after April 16, 1941, without the written evidence of ownership or right of possession.
L. 41: p. 540, § 2. CSA: C. 110, § 333. CRS 53: § 92-36-2. C.R.S. 1963: § 92-35-2.
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 46 - MINING EQUIPMENT - OWNERSHIP (§§ 34-46-101 — 34-46-106) › Section 34-46-103 - Prohibiting destruction, appropriation, or deprivation of use

It is unlawful for any person to destroy or appropriate to his own use any mining equipment of which he is not the lawful owner and possessor or to deprive the lawful owner and possessor of the use or possession thereof.
L. 41: p. 540, § 3. CSA: C. 110, § 334. CRS 53: § 92-36-3. C.R.S. 1963: § 92-35-3.
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 46 - MINING EQUIPMENT - OWNERSHIP (§§ 34-46-101 — 34-46-106) › Section 34-46-104 - When transportation prohibited except by railroad

It is unlawful to transport any used mining equipment except by railroad transportation without first obtaining written evidence of ownership or right of possession thereof by the person transporting the same, or satisfying the local sheriff or other peace officers of the county in which machinery is located that the person desiring to move such used machinery or equipment as defined in section
34-46-101
is responsible and has a legal right to move such used machinery or equipment. Such evidence shall, upon demand of any peace officer or Colorado state trooper, be exhibited, and unless so exhibited, any such officer shall take possession of such mining equipment at the expense, if any, of the shipper and shall hold the same until the provisions of this article have been complied with.
Amended by 2013 Ch. 316,§ 103, eff. 8/7/2013.
L. 41: p. 541, § 4. CSA: C. 110, § 335. CRS 53: § 92-36-4. C.R.S. 1963: § 92-35-4. L. 2013: Entire section amended, (HB 13-1300), ch. 316, p. 1696, § 103, effective August 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 46 - MINING EQUIPMENT - OWNERSHIP (§§ 34-46-101 — 34-46-106) › Section 34-46-105 - Penalty

Any person who violates any provision of this article commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
L. 41: p. 541, § 5. CSA: C. 110, § 336. CRS 53: § 92-36-5. C.R.S. 1963: § 92-35-5. L. 77: Entire section amended, p. 882, § 59, effective 7/1/1979. L. 89: Entire section amended, p. 848, § 124, effective July 1. L. 2002: Entire section amended, p. 1546, § 302, 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 46 - MINING EQUIPMENT - OWNERSHIP (§§ 34-46-101 — 34-46-106) › Section 34-46-106 - Possession prima facie unlawful - when

Upon the trial of any person charged with the theft or unlawful possession of mining equipment, or with the violation of any provision of this article, the possession by such person of such mining equipment without written evidence of ownership or right of possession shall be prima facie evidence that such possession is unlawful.
L. 41: p. 541, § 6. CSA: C. 110, § 337. CRS 53: § 92-36-6. C.R.S. 1963: § 92-35-6.
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 47 - [Repealed] (§ 34-47-101) › Section 34-47-101 - to 34-47-131 - [Repealed]

L. 88: Entire article repealed, p. 1199, § 10, effective May 3.
This article was numbered as article 33 of chapter 92, C.R.S. 1963.
For current provisions relating to health and safety in mines, see articles 20 to 25 and 31 of this title.
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 34-48-101 - Right-of-way for water

Whenever any persons are engaged in bringing water into any portion of a mine, they have the right-of-way secured to them, and may pass over any claim, road ditch, or other structure, if the water is guarded so as not to interfere with prior rights.
R.S. p. 465, § 2. G.L. § 1798. G.S. § 2387. R.S. 08: § 4212. C.L. § 3294. CSA: C. 110, § 184. CRS 53: § 92-24-1. C.R.S. 1963: § 92-24-1.
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 48 - EASEMENTS (§§ 34-48-101 — 34-48-111) › Section 34-48-102 - Mine under buildings

No person has the right to mine under any building or other improvement unless he shall first secure the parties owning the same against all damages, except by priority of right.
R.S. p. 465, § 3. G.L. § 1799. G.S. § 2388. R.S. 08: § 4213. C.L. § 3295. CSA: C. 110, § 185. CRS 53: § 92-24-2. C.R.S. 1963: § 92-24-2.
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 48 - EASEMENTS (§§ 34-48-101 — 34-48-111) › Section 34-48-103 - Flooding - tailings - liability

In no case shall any person be allowed to flood the property of another person with water, or wash down the tailings of his sluice upon the claim or property of other persons, but it is the duty of every miner to take care of his own tailings, upon his own property, or become responsible for all damages that may arise therefrom.
R.S. p. 466, § 8. G.L. § 1804. G.S. § 2393. R.S. 08: § 4214. C.L. § 3296. CSA: C. 110, § 186. CRS 53: § 92-24-3. C.R.S. 1963: § 92-24-3.
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 48 - EASEMENTS (§§ 34-48-101 — 34-48-111) › Section 34-48-104 - Right-of-way for hauling quartz

Every miner has the right-of-way across any and all claims for the purpose of hauling quartz from his claim.
R.S. p. 466, § 9. G.L. § 1805. G.S. § 2394. R.S. 08: § 4215. C.L. § 3297. CSA: C. 110, § 187. CRS 53: § 92-24-4. C.R.S. 1963: § 92-24-4.
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 48 - EASEMENTS (§§ 34-48-101 — 34-48-111) › Section 34-48-105 - Rights-of-way - condemnation

All mining claims, including patented and unpatented claims, shall be subject to the right-of-way of any ditch, flume, pipeline for transporting water or air for mining purposes, or of any tram, tramway, or pack trail, across any such locations or claims. Any person or corporation desiring to construct, maintain, and operate any such flume, ditch, pipeline, tram, tramway, or pack trail shall pay due and just compensation for such right-of-way to the owner of the claim through which it is proposed to construct, operate, and maintain such flume, ditch, pipeline, tram, tramway, or pack trail. When the parties cannot agree upon such right-of-way and the amount of compensation to be paid the owner of such claim, the same shall be determined in the manner provided by law for the exercise of right of eminent domain. Such ditch, flume, or pipeline shall be so constructed that the water from such ditch, flume, or pipeline shall not injure vested rights by flooding.
L. 1874: p. 188, § 11. G.L. § 1821. G.S. § 2407. R.S. 08: § 4216. L. 17: p. 378, § 1. C.L. § 3298. CSA: C. 110, § 188. CRS 53: § 92-24-5. C.R.S. 1963: § 92-24-5.
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 48 - EASEMENTS (§§ 34-48-101 — 34-48-111) › Section 34-48-106 - Security for mining under surface

When the right to mine is in any case separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if it is refused, he may enjoin such miner from working until such security is given. The order for injunction shall fix the amount of bond.
L. 1874: p. 188, § 12. G.L. § 1822. G.S. § 2408. R.S. 08: § 4217. C.L. § 3299. CSA: C. 110, § 189. CRS 53: § 92-24-6. C.R.S. 1963: § 92-24-6.
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 48 - EASEMENTS (§§ 34-48-101 — 34-48-111) › Section 34-48-107 - Tunnels - drifts - right-of-way - condemnation

The owner of any mining claim or property who, by reason of established rights, shall be entitled to follow any mineral-bearing vein or lode into the property of another, and the owner of any mining claim or property lying on two or more sides of the property of another has the right to enter and cross such adjoining or intermediate claims or property, with such drifts, tunnels, and crosscuts as may be necessary for the practical or economical mining and development of his own property and for the purpose of extracting and removing ore therefrom. When any such owner and the owners of such adjoining or intermediate claims or property through which such owner desires to pass under the terms of this section and sections
34-48-108
and
34-48-109
shall be unable to agree upon the terms, conditions, and purchase price of rights-of-way for such necessary drifts, tunnels, and crosscuts, then the owner seeking to exercise the rights granted in this section may exercise the right of eminent domain and condemn the rights-of-way into, across, and through such intermediate or adjacent lands such as may be necessary for the practical and economical working of his own property, and such rights-of-way are declared to be private ways of necessity.
L. 27: p. 483, § 1. CSA: C. 110, § 190. L. 43: p. 432, § 1. CRS 53: § 92-24-7. C.R.S. 1963: § 92-24-7.
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 48 - EASEMENTS (§§ 34-48-101 — 34-48-111) › Section 34-48-108 - Accounting

Any owner exercising the rights and privileges granted in this article shall do so in such manner as not to interfere with the mining operations of the owner into or through whose property he seeks to go, and shall extract only such ore as is necessary in the reasonable exercise of the rights granted in this article, and all ore extracted shall be accounted for by the person exercising such rights to the owner of the property from which such ore is taken, at its gross value on the surface.
L. 27: p. 484, § 2. CSA: C. 110, § 191. CRS 53: § 92-24-8. C.R.S. 1963: § 92-24-8.
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 48 - EASEMENTS (§§ 34-48-101 — 34-48-111) › Section 34-48-109 - Surveys

The owners of land through which it is proposed to construct such tunnel shall have the right at any reasonable time, upon application to the superintendent or other managing officer of such condemning owner, to enter his works with their surveyors and inspectors for the purpose of inspection and making a survey of any such works and shall have the right of ingress and egress through said works at all reasonable times.
L. 27: p. 484, § 3. CSA: C. 110, § 192. CRS 53: § 92-24-9. C.R.S. 1963: § 92-24-9.
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 48 - EASEMENTS (§§ 34-48-101 — 34-48-111) › Section 34-48-110 - Rights-of-way for conveyance and storage of water

All persons and corporations engaged in mining or milling of ores have the right-of-way over, upon, under, and across all mining claims, including patented and unpatented claims, or other lands, for the construction, maintenance, and operation of flumes, ditches, pipelines, and conduits to convey water for use in said mines and mills, and to convey tailings and waste from said mines, mills, and reduction plants, and may also take and condemn any such claims or other lands for the construction, maintenance, and operation of reservoirs to be used for the settling or storing of tailings or waste from any such mines, mills, and reduction plants, without the consent of the owners of such property affected.
L. 37: p. 850, § 1. CSA: C. 110, § 192(1). CRS 53: § 92-24-10. C.R.S. 1963: § 92-24-10.