Legislative declaration

Colo. Rev. Stat. § 34-1-301, under PRESERVATION OF COMMERCIAL MINERAL DEPOSITS.

Colo. Rev. Stat. § 34-1-301

(1) The general assembly hereby declares that:

(a) The state's commercial mineral deposits are essential to the state's economy;

(b) The populous counties of the state face a critical shortage of such deposits;

(c) Such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state.

(2) The general assembly further declares that, for the reasons stated in subsection (1) of this section, the regulation of commercial mineral deposits, the preservation of access to and extraction of such deposits, and the development of a rational plan for extraction of such deposits are matters of concern in the populous counties of the state. It is the intention of the general assembly that the provisions of this part 3 have full force and effect throughout such populous counties, including, but not limited to, the city and county of Denver and any other home rule city or town within each such populous county but shall have no application outside such populous counties.

Source: L. 73: p. 1046, § 1. C.R.S. 1963: § 92-36-1.

ANNOTATION

Law reviews. For article, "1974 Land Use Legislation in Colorado", see 51 Den. L. J. 467 (1974).

Nothing in the geological survey act purports to grant to a surface owner the right as against the mineral owner to conduct tests and gather information concerning the existence and extent of commercial mineral deposits without the consent of the owner of the mineral estate. Grynberg v. City of Northglenn, 739 P.2d 230 (Colo. 1987).