Title 36, Natural Resources - General
0 chapters · 166 sections in this title.
Colo. Rev. Stat. § 36-1-144 Agreements with general agencies
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The state board of land commissioners is authorized to enter into cooperative agreements on behalf of the state with any federal agency for the improvement and betterment of state owned lands and to furnish necessary materials and tools in connection therewith. Source: L. 37: p. …
Colo. Rev. Stat. § 36-1-145 Land commissioners' receipts - appropriation
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(1) All moneys collected by the state board of land commissioners shall be deposited with the state treasurer. Moneys received by the state board of land commissioners for fees and services shall be credited by the state treasurer to the state board of land commissioners land and…
Colo. Rev. Stat. § 36-1-146 Acquisition of right-of-way. (Repealed)
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Source: L. 63: p. 750, � 1. C.R.S. 1963: � 112-3-47. L. 97: Entire section repealed, p. 851, � 35, effective May 21.
Colo. Rev. Stat. § 36-1-147 Geothermal leases
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(1) The state board of land commissioners may lease any portion of the land of the state, or any interest therein, for the purposes of exploring for, producing, and developing the geothermal resources thereunder at a rental to be determined by the board, except as provided in sec…
Colo. Rev. Stat. § 36-1-148 Land and water management fund
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(1) There is hereby created the state board of land commissioners land and water management fund. Such fund is to be generated from fees collected under the provisions of section 36-1-112. The fund is to be under the control of and to be administered by the state board of land co…
Colo. Rev. Stat. § 36-1-149 Cultivation of state land - legislative declaration
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(1) In no case shall a lessee of state land be allowed to convert native grassland to cultivated land so long as the federal government has in place incentives intended to encourage the reduction of the amount of land under cultivation when such incentive is applicable in Colorad…
Colo. Rev. Stat. § 36-1-150 Conservation easements
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The state board of land commissioners may sell or lease conservation easements, licenses, or other similar interests in land in accordance with the provisions of sections 9 and 10 of article IX of the state constitution. Source: L. 97: Entire section added, p. 851, � 37, effectiv…
Colo. Rev. Stat. § 36-1-151 Public schools - access to state lands
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The state board of land commissioners shall allow access to state trust lands by public schools without charge for outdoor educational purposes so long as such access does not conflict with uses previously approved by the board on such lands. Source: L. 97: Entire section added, …
Colo. Rev. Stat. § 36-1-152.5 Work group study - requirements
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(1) (a) As part of the study conducted pursuant to section 36-1-152.3 (1), the state trust lands conservation and recreation work group shall provide recommendations to the parties identified in section 36-1-152.3 (2)(a)(II) regarding how to implement the mandate of section 10 of…
Colo. Rev. Stat. § 36-1-153 Investment and development fund
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(1) There is hereby created the state board of land commissioners investment and development fund, referred to in this section as the fund. The fund shall consist of moneys credited to the fund pursuant to section 36-1-116 (1)(b)(II). Any balance in the fund at the close of a fis…
Colo. Rev. Stat. § 36-1-153.5 Annual income and inventory report
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(1) Notwithstanding section 24-1-136 (11)(a)(I), on or before November 1, 2011, and on or before each November 1 thereafter, the state board of land commissioners shall prepare an annual income and inventory report. The report shall include the following: (a) Data regarding the i…
Colo. Rev. Stat. § 36-1-153.7 Commercial real property operating fund - created
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(1) (a) The commercial real property operating fund, referred to in this section as the fund, is hereby created in the state treasury and consists of all lease income earned by the state board of land commissioners from commercial real property. The state board of land commission…
Colo. Rev. Stat. § 36-1-154 Severability
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If any provision of this article is held invalid, such invalidity shall not affect other provisions of this article that can be given effect without such invalid provision. Source: L. 2009: Entire section added, (HB 09-1317), ch. 381, p. 2073, � 4, effective June 2.
Colo. Rev. Stat. § 36-2-101 Right of citizens claiming
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Conceding to the United States the primary and paramount right to dispose of the soil of this state, according to the laws existing or to be enacted by congress, and full and complete exemption from every form of taxation of their property, it is hereby declared that as between a…
Colo. Rev. Stat. § 36-2-102 Declaration of occupation
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All rights of occupancy, possession, and enjoyment of any tract or portion of the public domain, except mining claims, acquired after January 10, 1868, shall be expressed and described in a declaration, in cases of original occupation, and by a deed in cases of purchase, duly ack…
Colo. Rev. Stat. § 36-2-103 Interest transferable
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The owner of every claim or improvement, on every tract or parcel of land, has a transferable interest therein, which may be sold in execution or otherwise. Any sale of such improvement is a sufficient consideration to sustain a promise. Source: R.S. p. 531, � 3. G.L. � 2126. G.S…
Colo. Rev. Stat. § 36-2-104 Rights acquired before and after November 7, 1861
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All rights of occupancy, possession, and enjoyment of any tract or portion of the public domain, acquired before November 7, 1861, shall be ascertained, adjudged, and determined by the local law of the district or precinct in which the tract is situated, as it existed on the day …
Colo. Rev. Stat. § 36-2-105 Form of declaration of occupant
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The declaration by an occupant of a tract or portion of the public domain, required by section 36-2-102, shall be substantially in the following form: To all whom these presents may concern: Know ye, That I, A.B., of ............, in the county of ............, in the state of Co…
Colo. Rev. Stat. § 36-2-106 Effect of declaration or deed
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In all proceedings in any court of this state, the record of any declaration, deed, or mortgage, or other muniments of right, referred to in sections 36-2-103 and 36-2-105, shall be received, except as against the United States, and all persons claiming under the United States, a…
Colo. Rev. Stat. § 36-2-107 Declaration not to include mines
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The declaration of every occupant of any tract or portion of the public domain, mentioned in section 36-2-105, shall not be construed to include any gold-bearing quartz lodes, silver lode, or gold diggings; but said lodes and diggings shall be excepted from the tract of said occu…
Colo. Rev. Stat. § 36-2-108 Settler may maintain trespass
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Any person settled upon any of the public lands belonging to the United States may maintain trespass, ejectment, forcible entry and detainer, unlawful detainer, and forcible detainer for injuries done to the possession thereof. Source: R.S. p. 532, � 8. G.L. � 2131. G.S. � 2681. …
Colo. Rev. Stat. § 36-2-109 Inclosure not necessary in suit
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On the trial of any such cause the possession or possessory right of the plaintiff shall be considered as extending to the boundaries embraced by the claim of such plaintiff, so as to enable him to have and maintain any of the actions provided in section 36-2-108, without being c…
Colo. Rev. Stat. § 36-2-110 Claim must be marked
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Every claim, to entitle the holder to maintain any of the actions stated in section 36-2-108, shall be marked out so that the boundaries may be readily traced and the extent of such claim easily known. No person shall be entitled to maintain any of the actions for possession of, …
Colo. Rev. Stat. § 36-2-111 Neglect to occupy - fence - plow
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A neglect to occupy the claim, or to inclose at least five acres with a reasonable fence, or to plow at least five acres of the same for the period of six months shall be considered such an abandonment as to preclude the claimant from maintaining any of the actions stated in sect…
Colo. Rev. Stat. § 36-2-112 Town lots - abandonment - mining districts
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Any person who has a title to occupy any lot within any city or village plot, or any lots or mining claim within any mining district in this state by virtue of a certificate, deed of gift or purchase from the original claimant, or his assigns, as well as all purchasers, under any…
Colo. Rev. Stat. § 36-2-113 Right of United States not denied
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Nothing in this article shall be construed to deny the right of the United States to dispose of any lands in this state; nor shall the fact that the title to any lots, lands, lodes, or mining claims has not passed from the United States be any bar to the recovery of the plaintiff…
Colo. Rev. Stat. § 36-2-114 Mining claims not affected
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Sections 36-2-110 and 36-2-111 are not intended and shall not be construed to affect or apply to mining claims but shall affect and be applicable to claims held or used for arable or pastoral agriculture only. Source: R.S. p. 534, � 14. G.L. � 2137. G.S. � 2687. R.S. 08: � 5133. …
Colo. Rev. Stat. § 36-2-115 Mining under claim - bond - damages
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When any improvements are made upon any claim held or used for arable or pastoral agriculture or upon any building lot, mill site, or other lot or premises and any person demands of the claimant to mine any portion of the claim upon which such improvements have been made, it is l…
Colo. Rev. Stat. § 36-2-116 Assessment of damage to improvements
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It is the duty of the county judge, by whom the bond is required to be approved in case the value of the improvements cannot be agreed upon by the claimant and the party seeking to mine, to appoint a day and hour to hear testimony respecting the value of the improvements which ma…
Colo. Rev. Stat. § 36-2-117 Justification of sureties
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It is the duty of the county judge to require the sureties entering into such bond to justify before him, each in the sum stated in the bond. If the claimant excepts to the sureties, or either of them, it is lawful for the judge, and he is required, to examine the sureties except…
Colo. Rev. Stat. § 36-2-118 Weekly demand of damages
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It shall be competent for the claimant to demand from the obligees in the bond, at any time after one week after mining is commenced on the claim, such sum as may be equal to the damage done to the improvements thereon, and after every week it shall be competent for the claimant …
Colo. Rev. Stat. § 36-3-101 Acceptance of congressional grant
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The state of Colorado accepts the conditions of section 4 of an act of congress entitled An Act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1894, and for other purposes, approved August 18, 1894., together with all the gra…
Colo. Rev. Stat. § 36-3-102 Selection and disposal of lands
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The selection, management, and disposal of the land shall be vested in the state board of land commissioners. Source: L. 1895: p. 157, � 2. R.S. 08: � 5139. L. 11: p. 304, � 1. C.L. � 1122. CSA: C. 134, � 20. CRS 53: � 112-2-2. C.R.S. 1963: � 112-2-2.
Colo. Rev. Stat. § 36-3-103 Acceptance of conditions
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The state accepts the conditions of section 4 of an act of congress, entitled An Act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1894., together with all acts amendatory thereto, including the amendatory acts of congress o…
Colo. Rev. Stat. § 36-3-104 Control of land - Carey act fund
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The selection, management, and disposal of the land and all such lands as may be granted on or after June 1, 1911, to the state by the United States shall be vested in the state board of land commissioners as constituted, and that board is empowered to accept all moneys upon the …
Colo. Rev. Stat. § 36-3-105 Record of proceedings of land board
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The register of the board shall act as secretary, and it is his duty to keep a careful record of the transactions of the board in substantially bound books to be kept for that purpose and which shall be known as the record and proceedings of the state board of land commissioners …
Colo. Rev. Stat. § 36-3-106 Duties and powers of register
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The register of the board shall have the custody of the records of the board, receive and file all proposals for the construction of irrigation works to reclaim lands selected under the provisions of this article, prepare and keep for public inspection maps and plats on a scale o…
Colo. Rev. Stat. § 36-3-107 Request for selection
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(1) Any person, company of persons, association, or incorporated company desiring to construct ditches, canals, or other irrigation works to reclaim land under the provisions of this article shall file with the board a request for the selection on behalf of the state by the board…
Colo. Rev. Stat. § 36-3-108 Certified check with proposal
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A certified check payable to the state board of land commissioners for a sum of not less than two hundred fifty dollars and not more than two thousand five hundred dollars, as may be determined by the rules of the board, shall accompany each such request and proposal. It shall be…
Colo. Rev. Stat. § 36-3-109 Application to state engineer - maps
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The person, company of persons, associations, or incorporated companies, making application to the board for the selection of lands by the state, shall have filed with the state engineer an application to appropriate water for the reclamation of the lands described in the request…
Colo. Rev. Stat. § 36-3-110 Examination of proposal - report
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(1) Immediately upon the receipt of any request and proposal as designated in section 36-3-107, it is the duty of the secretary of the board to examine the same and ascertain if it complies with the rules of the board and the regulations of the department of the interior. If it d…
Colo. Rev. Stat. § 36-3-111 Board to consider proposal
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On receipt of the report of the state engineer, the register shall place the request and proposal, with the engineer's report thereon, before the board for its consideration. In case of approval the board shall instruct the register to file in the local land office a request for …
Colo. Rev. Stat. § 36-3-112 Rejection of proposal - second proposal
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In case the state engineer reports adversely upon the proposed irrigation works or where requests and proposals are not approved by the board, the board shall notify the parties making such proposals of such actions and the reasons therefor. Any party so notified shall have sixty…
Colo. Rev. Stat. § 36-3-113 Provision for contract - bond
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Upon the withdrawal of the land by the department of the interior, it is the duty of the board to enter into a contract with the party submitting the proposal, which contract shall contain complete specifications of the location, dimensions, character, and estimated cost of the p…
Colo. Rev. Stat. § 36-3-114 Time for construction - forfeiture
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No proposal shall be considered by the board which requires a greater time than five years for the construction of the works. All proposals shall state that the work shall begin within six months from the date of contract; that at least one-tenth of the construction work shall be…
Colo. Rev. Stat. § 36-3-115 Failure in construction
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(1) Upon the failure of any parties having contracts with the state for the construction of irrigation works to begin the same within the time specified by law, or to carry on work as provided in their contract, or to complete the same within the time or in accordance with the sp…
Colo. Rev. Stat. § 36-3-116 State not to be made liable
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Nothing in this article shall be construed as authorizing the board to obligate the state to pay for any work constructed under any contract or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their…
Colo. Rev. Stat. § 36-3-117 Notice of land open for settlement
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Immediately upon the withdrawal of any land for the state by the department of the interior, and the inauguration of work by the contractors, it is the duty of the board, by publication once each week, in one newspaper of the county in which the lands are situated, and in one new…
Colo. Rev. Stat. § 36-3-118 Application to enter - requirements
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Any citizen of the United States, or any person having declared his intention to become a citizen of the United States, over the age of twenty-one years, may make application, under oath, to the board to enter any of the land in an amount not to exceed one hundred and sixty acres…
Colo. Rev. Stat. § 36-3-119 Disposition of funds
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As provided in the act of congress set out in section 36-3-103, all moneys received by the board from the sale of lands selected under the provisions of this article shall be deposited with the state treasurer, and such sums as may be necessary shall be available for the payment …