Title 34, Mineral Resources
0 chapters · 267 sections in this title.
Colo. Rev. Stat. § 34-48-103 Flooding - tailings - liability
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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 res…
Colo. Rev. Stat. § 34-48-104 Right-of-way for hauling quartz
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Every miner has the right-of-way across any and all claims for the purpose of hauling quartz from his claim. Source: 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.
Colo. Rev. Stat. § 34-48-105 Rights-of-way - condemnation
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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 corporatio…
Colo. Rev. Stat. § 34-48-106 Security for mining under surface
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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 i…
Colo. Rev. Stat. § 34-48-107 Tunnels - drifts - right-of-way - condemnation
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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 r…
Colo. Rev. Stat. § 34-48-108 Accounting
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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 …
Colo. Rev. Stat. § 34-48-109 Surveys
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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 …
Colo. Rev. Stat. § 34-48-110 Rights-of-way for conveyance and storage of water
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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 c…
Colo. Rev. Stat. § 34-48-111 Right of eminent domain
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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 …
Colo. Rev. Stat. § 34-49-101 Survey - notice - affidavit
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(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 …
Colo. Rev. Stat. § 34-49-102 Platting fractional claims
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The owners of adjoining, abutting, or adjacent fractions of patented mining properties may plat the same for taxation and description. Source: L. 17: p. 376, � 1. C.L. � 3301. CSA: C. 110, � 194. CRS 53: � 92-25-2. C.R.S. 1963: � 92-25-2.
Colo. Rev. Stat. § 34-49-103 Plat - monuments
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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 platt…
Colo. Rev. Stat. § 34-49-104 Plat certified and recorded
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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 th…
Colo. Rev. Stat. § 34-49-105 Not dedication of ways - fees
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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 un…
Colo. Rev. Stat. § 34-49-106 County to provide books
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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…
Colo. Rev. Stat. § 34-49-107 Designation by name and number
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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. Source: L. 17: p. 377, � …
Colo. Rev. Stat. § 34-50-101 Common influx of water
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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 pro…
Colo. Rev. Stat. § 34-50-102 Costs prorated
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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, …
Colo. Rev. Stat. § 34-50-103 Incorporating to drain mines
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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 fi…
Colo. Rev. Stat. § 34-50-104 Liability for noncooperation
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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…
Colo. Rev. Stat. § 34-50-105 Action to recover - inspection
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(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 a…
Colo. Rev. Stat. § 34-50-106 Right to use of water hoisted
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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 b…
Colo. Rev. Stat. § 34-50-107 Liability for flow of water hoisted
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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. Source: G.L. � 1836. G.S. …
Colo. Rev. Stat. § 34-50-108 Applicable to opened mines only
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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. Source: G.L. � 1837. G.S. � 2423. R.S. 08: � 4233. C.L. � 3321. CSA: C. 110, � …
Colo. Rev. Stat. § 34-50-109 Evidence to be considered by court
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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 effec…
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:…
Colo. Rev. Stat. § 34-53-101 Purchasing ore unlawfully - penalty
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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 …