Title 34, Mineral Resources
0 chapters · 267 sections in this title.
Colo. Rev. Stat. § 34-33-133 Abandoned mine reclamation plan
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(1) The office of active and inactive mines is authorized and directed to develop, in accordance with the provision of Title IV of the federal Surface Mining Control and Reclamation Act of 1977, as amended, and the rules and regulations thereunder, an abandoned mine reclamation p…
Colo. Rev. Stat. § 34-33-133.5 Colorado mine subsidence protection program - rules
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(1) The board is authorized and directed to issue rules and regulations to develop a Colorado mine subsidence protection program, which shall provide protection for owners of private residential structures against damages caused by land subsidence from underground coal mines. The…
Colo. Rev. Stat. § 34-33-134 Experimental practices
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In order to encourage advances in coal mining and reclamation practices and to allow postmining land use for industrial, commercial, residential, or public use, including recreational facilities, the board, with the approval of the secretary, may authorize departures in individua…
Colo. Rev. Stat. § 34-33-135 Civil actions
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(1) Subject to the requirements of subsection (2) of this section, any person having an interest which is or may be adversely affected may commence a civil action on such person's own behalf to compel compliance with the provisions of this article against: (a) Any person or gover…
Colo. Rev. Stat. § 34-33-136 Water rights
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Nothing contained in this article shall be construed to affect or impair the rights and obligations attendant upon the ownership of water rights under Colorado water law. Source: L. 79: Entire article added, p. 1304, � 1, effective July 1.
Colo. Rev. Stat. § 34-33-137 Reservation clause
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Passage of this article shall not be deemed to be an admission by the state of Colorado as to the legality or constitutionality of the federal Surface Mining Control and Reclamation Act of 1977, as amended, and shall not be construed to limit, waive, or otherwise affect the right…
Colo. Rev. Stat. § 34-42-101 Mining district records - filed
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A copy of all the records, laws, and proceedings of each mining district, insofar as they relate to lode claims, shall be filed in the office of the county clerk and recorder of the county in which the district is situated, within the boundaries of the mining district attached to…
Colo. Rev. Stat. § 34-42-102 Proof of customs and regulations admitted
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In actions regarding mining claims, proof shall be admitted of the customs, usages, and regulations established and in force in the mining districts embracing such claims; and such customs, usages, and regulations, when not in conflict with the laws of this state or of the United…
Colo. Rev. Stat. § 34-42-103 Jury may view mining premises
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In all suits, actions, and proceedings brought in any court of this state involving title to, the right of possession of, or the mineral contained in any mine or mining claims, it is the duty of the court, at the trial of such suit, and upon the application of either party intere…
Colo. Rev. Stat. § 34-42-104 Expenses
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The expenses incurred in sending the jury to investigate mining premises, as provided in section 34-42-103, shall be paid by the parties to the suit in equal proportions, unless the demand for such investigation is made by one party and objected to by the other, in which case the…
Colo. Rev. Stat. § 34-43-101 Length of lode claim
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The length of any lode claim located after June 1, 1874, may equal but not exceed fifteen hundred feet along the vein. Source: L. 1874: p. 185, � 1. G.L. � 1811. G.S. � 2397. R.S. 08: � 4192. C.L. � 3278. CSA: C. 110, � 168. CRS 53: � 92-22-1. C.R.S. 1963: � 92-22-1.
Colo. Rev. Stat. § 34-43-102 Width of lode claim
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The width of all lode claims located after April 13, 1923, may equal but not exceed three hundred feet on each side of the middle of the vein or crevice, and the owners of any lode claims located before April 13, 1923, and having a lesser width, who are desirous of securing the b…
Colo. Rev. Stat. § 34-43-103 Lode claim certificate - contents
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(1) The discoverer of a lode, within three months from the date of discovery, shall record his claim in the office of the recorder of the county in which such lode is situated, by a location certificate, which shall contain: (a) The name of the lode; (b) The name of the locator; …
Colo. Rev. Stat. § 34-43-104 Location certificate void - when
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Any location certificate of a lode claim which does not contain the name of the lode, the name of the locator, the date of location, the number of lineal feet claimed on each side of the discovery shaft, the general course of the lode, and such description as identifies the claim…
Colo. Rev. Stat. § 34-43-105 Certificate shall contain but one location
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No location certificate shall claim more than one location, whether the location is made by one or several locators. If it purports to claim more than one location it shall be absolutely void, except as to the first location therein described, and if they are described together, …
Colo. Rev. Stat. § 34-43-106 Manner of locating claims
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(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 crevic…
Colo. Rev. Stat. § 34-43-107 Marking boundaries
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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 p…
Colo. Rev. Stat. § 34-43-108 To hold lode - crosscut - tunnel - adit
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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 discovere…
Colo. Rev. Stat. § 34-43-109 Sixty days to sink discovery shaft
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The discoverer shall have sixty days from the time of uncovering or disclosing a lode to sink a discovery shaft thereon. Source: 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.
Colo. Rev. Stat. § 34-43-110 What location includes - extralateral rights
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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…
Colo. Rev. Stat. § 34-43-111 Top not to be followed beyond lines
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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 exterio…
Colo. Rev. Stat. § 34-43-112 Placer claim certificate - recording - manner of locating
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(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 p…
Colo. Rev. Stat. § 34-43-113 Tunnel claim - recording
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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. Source: R.S. p. 465, � 4. G.L. � 1800. G.S. � 2389. R.S. 08: � 4207. C.L. � …
Colo. Rev. Stat. § 34-43-115 Relocation by owner - conditions
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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 p…
Colo. Rev. Stat. § 34-43-116 Relocation of abandoned claims
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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,…
Colo. Rev. Stat. § 34-44-101 Legislative declaration
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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. Source: L. 23: p. 455, � 9. CSA: C. 92, � 16. CRS 53: � 92-23-9. C.R.S. 1963: � 92-23-9.
Colo. Rev. Stat. § 34-44-102 Definitions
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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 mill…
Colo. Rev. Stat. § 34-44-103 Mine owners - tenants in common - rights
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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 c…
Colo. Rev. Stat. § 34-44-104 Accounting - items considered
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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 …
Colo. Rev. Stat. § 34-44-105 Contribution from tenants - liens
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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 t…
Colo. Rev. Stat. § 34-44-106 Statement - disposition of profits
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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 expens…
Colo. Rev. Stat. § 34-44-107 Actions of accounting - setoffs
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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 …
Colo. Rev. Stat. § 34-44-108 Notice to tenants - contents - effect
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(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 i…
Colo. Rev. Stat. § 34-44-109 Setoff rules applicable - when
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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. Sou…
Colo. Rev. Stat. § 34-44-110 Leases - rights and duties of lessee
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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…
Colo. Rev. Stat. § 34-45-101 Damages for taking ore
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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 d…
Colo. Rev. Stat. § 34-45-102 Conspiracy - threats - evidence - penalty. (Repealed)
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Source: 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.
Colo. Rev. Stat. § 34-45-103 Killing in entry by force
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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, gul…
Colo. Rev. Stat. § 34-45-104 Removal of trees a misdemeanor. (Repealed)
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Source: 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.
Colo. Rev. Stat. § 34-45-105 Removal of cabins. (Repealed)
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Source: 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.
Colo. Rev. Stat. § 34-45-106 Who is deemed owner. (Repealed)
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Source: 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.
Colo. Rev. Stat. § 34-45-107 Penalty for wrongful removal. (Repealed)
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Source: 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.
Colo. Rev. Stat. § 34-46-101 Definitions
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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, t…
Colo. Rev. Stat. § 34-46-102 Written evidence of ownership required
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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. Source: L. 41: p. 540, � 2. CSA: C. 110, � 333. CRS 53: � 92-36-2. C.R.S. 1963: � 92-35-2.
Colo. Rev. Stat. § 34-46-103 Prohibiting destruction, appropriation, or deprivation of use
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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. Source: L. 41: p. 540, � 3. CSA: C. 110, � 334. CRS 53: � 9…
Colo. Rev. Stat. § 34-46-104 When transportation prohibited except by railroad
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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 …
Colo. Rev. Stat. § 34-46-105 Penalty
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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. Source: 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, e…
Colo. Rev. Stat. § 34-46-106 Possession prima facie unlawful - when
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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 pri…
Colo. Rev. Stat. § 34-48-101 Right-of-way for water
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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. Source: R.S. p. 465, � 2. G.L.…
Colo. Rev. Stat. § 34-48-102 Mine under buildings
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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. Source: R.S. p. 465, � 3. G.L. � 1799. G.S. � 2388. R.S. 08: � 4213. C.L. � 3295. CSA: C. 110, � 185.…