Title 34, Mineral Resources
0 chapters · 267 sections in this title.
Colo. Rev. Stat. § 34-51-101 Petition for drainage district - definition
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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 bo…
Colo. Rev. Stat. § 34-51-102 Contents of petition
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(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 capabl…
Colo. Rev. Stat. § 34-51-103 Publication of notice - contents
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(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…
Colo. Rev. Stat. § 34-51-104 Mail copy of notice
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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 …
Colo. Rev. Stat. § 34-51-105 Proceedings after petition is filed
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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 ma…
Colo. Rev. Stat. § 34-51-106 Change of boundaries
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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. Source: L. 11: p. 510, � 8. C.L. � 3330. CSA: C. 110, � 223. CRS 53: � 92-28-8. C.R.S. 1963: � 92-28-8.
Colo. Rev. Stat. § 34-51-107 Decree and plat
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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 pr…
Colo. Rev. Stat. § 34-51-108 Bond for costs
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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 app…
Colo. Rev. Stat. § 34-51-109 Corporation name
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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 p…
Colo. Rev. Stat. § 34-51-110 Contracts - corporate power
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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. Source: L. 11: p. 510, � 11. C.L. � 3333. CSA: C. 110, � 226. CRS 53: � 92-28-11. C.R.S…
Colo. Rev. Stat. § 34-51-111 Election of supervisors
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(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 indiv…
Colo. Rev. Stat. § 34-51-112 Organization - records - office
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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 requ…
Colo. Rev. Stat. § 34-51-113 Selection of system
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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. Source: L. 11: p. 512, � 15. C.L. � 3337. CSA: C. 110, � 230. CRS 53: � 92-28-15. C…
Colo. Rev. Stat. § 34-51-114 Notice of selection of system
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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 cop…
Colo. Rev. Stat. § 34-51-115 Letting contracts
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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. Source: L.…
Colo. Rev. Stat. § 34-51-116 Inspection
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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. Source: L. 11: p. 512, � 18. C.L. � 3340. CSA: C. 110, � 233. CRS 53: � 92-28-18. C.R.S. 1963: � 9…
Colo. Rev. Stat. § 34-51-117 Board may levy tax
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(1) In order to provide for the payment of the expenses of a drainage system and for the payment of any issue of bonds, the board of supervisors has power to levy and cause to be collected a tax upon all mining claims within the district. Such tax shall be voted only at a regular…
Colo. Rev. Stat. § 34-51-118 Collection of taxes
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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 l…
Colo. Rev. Stat. § 34-51-119 Bonds - sales - interest and lien
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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 cou…
Colo. Rev. Stat. § 34-51-120 Warrants
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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 ch…
Colo. Rev. Stat. § 34-51-121 Salaries and per diem
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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. Source: L. 11: p.…
Colo. Rev. Stat. § 34-51-122 Collection of tolls
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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 a…
Colo. Rev. Stat. § 34-51-123 Eminent domain
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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 th…
Colo. Rev. Stat. § 34-51-124 Prior drainage statutes
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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. Source: L. 11:…