Title 34, Mineral Resources
0 chapters · 267 sections in this title.
Colo. Rev. Stat. § 34-1-301 Legislative declaration
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(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, c…
Colo. Rev. Stat. § 34-1-302 Definitions
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As used in this part 3, unless the context otherwise requires: (1) Commercial mineral deposit means a natural mineral deposit of limestone used for construction purposes, coal, sand, gravel, and quarry aggregate, for which extraction by an extractor is or will be commercially fea…
Colo. Rev. Stat. § 34-1-303 Geological survey to make study
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After July 1, 1973, the Colorado geological survey shall contract for a study of the commercial mineral deposits in the populous counties of the state in order to identify and locate such deposits. Such study shall be of sand, gravel, and quarry aggregate, and shall be completed …
Colo. Rev. Stat. § 34-1-304 Master plan for extraction
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(1) The county planning commission for unincorporated areas and for cities and towns having no planning commission or the planning commission for each city and county, city, or town, within each populous county of the state, shall, with the aid of the maps from the study conducte…
Colo. Rev. Stat. § 34-1-305 Preservation of commercial mineral deposits for extraction
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(1) After July 1, 1973, no board of county commissioners, governing body of any city and county, city, or town, or other governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction, permit the use of a…
Colo. Rev. Stat. § 34-20-101 Legislative declaration
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The general assembly hereby finds and declares that the extraction of mineral resources is a necessary and proper activity and that the achievement of safe and healthful conditions and practices in mines in this state can only be accomplished with the cooperation and coordination…
Colo. Rev. Stat. § 34-20-102 Definitions
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As used in articles 20 to 25 of this title 34, unless the context otherwise requires: (1) Approved means confirmed by the commissioner of mines or his designee. (2) Authorized representative means a person employed by the division and authorized by the director to conduct safety …
Colo. Rev. Stat. § 34-21-101 Office of active and inactive mines - creation - duties
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(1) There is created in the division of reclamation, mining, and safety in the department of natural resources the office of active and inactive mines, the head of which is appointed by the director of the division. The office of active and inactive mines is a type 2 entity, as d…
Colo. Rev. Stat. § 34-21-102 Commissioner of mines
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(1) In accordance with the provisions of section 1 of article XVI of the Colorado constitution, it is the duty of the governor, with the consent of the senate, to appoint a person known to be competent to the office of commissioner, who may also be the executive director of the d…
Colo. Rev. Stat. § 34-21-104 Rules and regulations
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The director may, subject to the supervision and control of the commissioner, promulgate rules and regulations which shall be in accordance with the provisions of article 4 of title 24, C.R.S., to carry out the provisions of articles 20 to 24 of this title and shall enforce the r…
Colo. Rev. Stat. § 34-21-105 Conflicts of interest
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The commissioner, director, division staff, and office staff shall devote their entire time and attention to the duties of their offices. Neither the commissioner, the director, nor any member of the office staff, shall be an owner, operator, employee, controlling stockholder, or…
Colo. Rev. Stat. § 34-21-106 Officers not to reveal information - penalty
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(1) Information obtained by the commissioner, director, and office staff, including authorized representatives, which pertains to mine and metallurgical processes, ore bodies, or deposits or to the location, course, or character of underground workings and which is stamped confid…
Colo. Rev. Stat. § 34-21-107 Salaries of commissioner and division employees
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The commissioner shall receive a salary as provided by law. Employees of the division shall receive for their services salaries to be paid as other officers and employees of the state are paid, pursuant to section 13 of article XII of the state constitution. Source: L. 88: Entire…
Colo. Rev. Stat. § 34-21-108 Report of director
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(1) The director shall report to the executive director of the department of natural resources at such times and on such matters as the executive director requires. (2) The director is authorized to make researches and studies as appropriations may be made therefor and as he deem…
Colo. Rev. Stat. § 34-21-109 Code of signals
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There shall be established by the commissioner a uniform code of signals, embracing those most generally in use in metalliferous mines, which shall be adopted in all mines using hoisting machinery. The code of signals shall be securely posted, in clear and legible form, in the en…
Colo. Rev. Stat. § 34-21-110 Tourist mines
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The office shall have the authority to inspect tourist mines in the state. In those cases where the public health and safety may be in danger, the office may close such mine until modification recommendations made by the office have been made. Where appropriate, such actions shal…
Colo. Rev. Stat. § 34-22-101 Scope of article
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The provisions of this article pertain only to coal mines. Source: L. 88: Entire article R&RE, p. 1189, � 3, effective July 1.
Colo. Rev. Stat. § 34-22-102 Board of examiners - created - duties - members
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(1) There is hereby created a coal mine board of examiners, which shall have the following duties: (a) To establish criteria, including education and training, past and current work experience, and annual electrical retraining requirements, and to examine all applicants for posit…
Colo. Rev. Stat. § 34-22-103 Salaries and expenses of board
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The members of the board who are not state employees shall be compensated at a rate of fifty dollars per day for each day of actual service on the board and shall receive actual traveling and other expenses incurred by them in attendance at the meetings of the board and in the pe…
Colo. Rev. Stat. § 34-22-104 Board of examiners - meetings - examinations
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(1) The board shall, by majority vote of all members, elect its chairman from among its members. The executive director of the department of natural resources, or a designee of the executive director, shall serve as administrator to the board. The office of active and inactive mi…
Colo. Rev. Stat. § 34-22-105 Certificate of competency
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(1) Certificates of competency shall be required as a condition of employment for any person working in or about any coal mine in this state in positions designated by federal law. (2) Positions for which certification is required in underground coal mines include mine foreman, f…
Colo. Rev. Stat. § 34-22-106 Reciprocity
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The board may recognize certification by another state if such certification requirements are substantially similar to the certification requirements of this article. The holder of certification recognized as equivalent may be employed in coal mines of this state for a period to …
Colo. Rev. Stat. § 34-22-107 Disciplinary action - procedures - grounds
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(1) In any case in which consideration is given to taking disciplinary action against the holder of a certificate of competency issued pursuant to this article, such proceedings shall be conducted in accordance with the provisions of sections 24-4-104 and 24-4-105, C.R.S., and no…
Colo. Rev. Stat. § 34-22-108 Expiration of certificates
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Any certificate of competency issued pursuant to the provisions of this article shall become null and void if the certificate holder fails to be actively employed in the coal mining industry for a period of five years. This section shall not apply to federal coal mine inspectors.…
Colo. Rev. Stat. § 34-22-109 Examinations - content
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(1) Applicants shall pass such reasonable and practical examinations as may be prescribed by the board for certification. Examinations shall be designed to demonstrate whether the applicant possesses sufficient practical and theoretical knowledge for competent performance of the …
Colo. Rev. Stat. § 34-22-110 Examinations - notice - grading - filing
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(1) Notice of examination shall be given by legible notices for a period of six months prior to the examination. The date and location of the examination shall be announced at least thirty days preceding the examination, and the conditions of eligibility shall be fully stated on …
Colo. Rev. Stat. § 34-22-111 Certification fee
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(1) Each individual taking an examination for certification as required in section 34-22-105 shall pay to the office of active and inactive mines a fee of twenty-five dollars for any initial examination or subsequent examinations required because of the failure to receive a passi…
Colo. Rev. Stat. § 34-22-112 Examinations - applicant qualifications
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(1) All candidates for examination for certification shall demonstrate at the time of the examination satisfactory eyesight and hearing consistent with the practice and needs of the coal mining industry. (2) Every applicant for certification as a mine foreman shall produce eviden…
Colo. Rev. Stat. § 34-22-113 Repeal of article - subject to review
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This article 22 is repealed, effective September 1, 2029. Before the repeal, this article 22 is scheduled for review in accordance with section 24-34-104. Source: L. 88: Entire article R&RE, p. 1194, � 3, effective July 1. L. 95: Entire section amended, p. 93, � 4, effective Marc…
Colo. Rev. Stat. § 34-23-101 Training and retraining
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(1) The office of active and inactive mines may establish miner training and retraining programs and make such programs available to those operators and miners who request the assistance of the office of active and inactive mines in meeting the miner training and retraining requi…
Colo. Rev. Stat. § 34-23-102 Technical assistance
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The office of active and inactive mines shall advise and assist operators in this state as may be necessary for mine safety on request of the operator. Such assistance shall include compliance with the federal law. Source: L. 88: Entire article R&RE, p. 1194, � 4, effective July …
Colo. Rev. Stat. § 34-23-103 Mine rescue teams
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(1) The office of active and inactive mines shall assist operators in complying with the mine rescue team requirements of the Federal Mine Safety and Health Act of 1977, Pub.L. 95-164, as amended. Such assistance may include, but need not be limited to: (a) The establishing, equi…
Colo. Rev. Stat. § 34-23-104 Grant authorization
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The office of active and inactive mines may apply for and accept federal, state, or private grants to further the purposes and objectives of this article. Source: L. 88: Entire article R&RE, p. 1194, � 4, effective July 1. L. 92: Entire section amended, p. 1935, � 26, effective J…
Colo. Rev. Stat. § 34-24-101 Annual report
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On or before January 31 of each year, every owner or operator shall make a report covering the twelve months preceding the previous January 1. Such report shall contain the name and address of the operator, the location of the mine, the capacity of the mine, the mineral resource …
Colo. Rev. Stat. § 34-24-102 Coal or other mine maps
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(1) Every operator shall make a map of the surface of the property and a map of the underground workings. Such map shall be updated and submitted annually to the division. (2) Each map shall be retained by the division in its permanent records. Such records shall be available for…
Colo. Rev. Stat. § 34-24-104 Employees - age
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No person under eighteen years of age shall be employed in or about a mine except in office, janitorial, or food service capacities or other nonextraction, preparation, or production activities on the surface of such mine. Source: L. 88: Entire article R&RE, p. 1196, � 5, effecti…
Colo. Rev. Stat. § 34-24-105 Opening or abandonment of mine - maps
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(1) It is the duty of the operator of every mine to notify the director prior to the opening of any mine or the abandonment of any mine. (2) Before a mine is abandoned or closed, the owner shall make a complete survey of all workings not represented on the maps and plans of such …
Colo. Rev. Stat. § 34-24-106 Old workings
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(1) The entrance to inactive or abandoned workings shall be posted to warn unauthorized persons against entering the territory. (2) Abandoned workings shall be sealed or ventilated. Source: L. 88: Entire article R&RE, p. 1197, � 5, effective July 1. Editor's note: This section is…
Colo. Rev. Stat. § 34-24-107 Danger signals - operator's duty
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When operations are temporarily suspended in a mine, the operator shall see that danger signals are placed across the mine entrances, which signals shall be a warning for persons not to enter said mine. If the circulation of air through the mine is stopped, each entrance to said …
Colo. Rev. Stat. § 34-24-108 Scales - weights certified
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(1) It is required that every corporation, company, or person engaged in the business of mining and selling by weight, and where workmen are paid on a tonnage basis, to produce and constantly keep on hand, at the proper place, the necessary scales and whatever else may be necessa…
Colo. Rev. Stat. § 34-24-109 Barrier pillar at property line
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In all underground workings approaching property lines, a barrier pillar shall be left at least fifty feet on each side of the property line; but said barrier pillars may be removed upon mutual agreement of the operators in writing. Source: L. 88: Entire article R&RE, p. 1197, � …
Colo. Rev. Stat. § 34-24-110 Abandoned mine to be covered - penalty
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(1) Every abandoned or inactive mine endangering the life of man or beast shall be securely covered or fenced. It is the duty of the operator of such mine, upon the abandonment or cessation of operations therein or thereon, to securely cover or fence the same and post a No Trespa…
Colo. Rev. Stat. § 34-24-111 Penalty for removing covering or fencing
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Any person removing or destroying any covering or fencing placed around or over any mine as provided for in section 34-24-110 commits a petty offense. Source: L. 88: Entire article R&RE, p. 1198, � 5, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 327…
Colo. Rev. Stat. § 34-24-112 When visitors allowed underground
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(1) It is unlawful for any person to enter any active or inactive mine unless accompanied by, or with prior written permission from, the operator of said mine. (2) Persons desiring entry into abandoned mines, where the operator cannot be found, shall first secure written authoriz…
Colo. Rev. Stat. § 34-25-101 Jurisdiction of the courts
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District courts in their respective districts have original jurisdiction upon information or indictment in all prosecutions for violations of this title. Source: L. 88: Entire article R&RE, p. 1198, � 6, effective July 1. L. 2022: Entire section amended, (SB 22-212), ch. 421, p. …
Colo. Rev. Stat. § 34-31-101 Tunnels - rights-of-way - condemnation
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(1) The owner or his agent of any coal lands lying on two or more sides of the property of another shall have the right to enter and cross such adjoining or intermediate claims or property with such drifts, tunnels, and crosscuts as may be necessary for the practical or economica…
Colo. Rev. Stat. § 34-31-102 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. § 34-31-103 Surveys
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The owner of such land through which it is proposed to construct such tunnel shall have the right at any reasonable time and from time to time, upon application to the superintendent or other managing officer of such condemning owner, to enter his works with their surveyors and i…
Colo. Rev. Stat. § 34-32-101 Short title
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This article shall be known and may be cited as the Colorado Mined Land Reclamation Act. Source: L. 76: Entire article R&RE, p. 724, � 1, effective July 1. Editor's note: This section is similar to former � 34-32-101 as it existed prior to 1976.
Colo. Rev. Stat. § 34-32-102 Legislative declaration
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(1) It is declared to be the policy of this state that the extraction of minerals and the reclamation of land affected by such extraction are both necessary and proper activities. It is further declared to be the policy of this state that both such activities should be and are co…