As used in this article
65.5, unless the context otherwise requires:
(1) Applicant means a person who submits an application for development
to a local government.
(1.5) Affiliate means a person controlling, controlled by, or under common
control with another person and any officer, director, shareholder, member, partner,
or owner of any such person.
(2) (a) Application for development means an initial application for a sketch
plan, a preliminary or final plat for a subdivision, a planned unit development, or any
other similar land use designation that is used by a local government. Application
for development includes applications for general development plans and special
use permits or any applications for zoning or rezoning to a planned unit
development that would change or create lot lines where such applications are in
anticipation of new surface development, but does not include amendments to an
urban growth boundary, applications for annexation and zoning, applications for
zoning or rezoning that will not change or create lot lines, an application for
development that is a special use permit for the extraction of construction
materials, as that term is defined in section 34-32.5-103, C.R.S., building permit
applications, applications for a change of use for an existing structure, applications
for boundary adjustments, applications for platting of an additional single lot,
applications for lot site plans, or applications with respect to electric lines, crude oil
or natural gas pipelines, steam pipelines, chilled and other water pipelines, or
appurtenances to said lines or pipelines.
(b) (I) The general assembly hereby finds that:
(A) Pursuant to section 2-4-202, C.R.S., statutes are presumed to have only
prospective effect, and under applicable case law this presumption applies unless
the general assembly's contrary intent is clearly expressed; and
(B) House Bill 01-1088, which enacted this article, did not contain an
applicability clause and was silent with regard to the issue of whether the
requirements of this article apply to applications for development that were
pending on July 1, 2001, the effective date of House Bill 01-1088.
(II) The general assembly hereby determines that, notwithstanding the fact
that House Bill 01-1088 did not clearly express any intent of the general assembly
that the requirements of this article would apply retroactively, there is uncertainty
concerning whether such requirements should apply retroactively.
(III) To clarify its intent, the general assembly hereby declares that this
article was intended to apply, and should only be applied, to applications for
development that were filed on or after July 1, 2001, except as specified in
subparagraphs (IV) and (V) of this paragraph (b).
(IV) To further clarify its intent, the general assembly hereby declares that
the provisions of section 24-65.5-103 as amended on August 3, 2007, are intended
to apply, and should only be applied, to applications for development where the
initial public hearing had not been held prior to August 3, 2007, and that nothing in
section 24-65.5-103 shall be deemed to supersede or modify the provisions of any
surface use agreement or the provisions of any oil and gas or mineral lease entered
into prior to August 3, 2007.
(V) To further clarify its intent, the general assembly hereby declares that
nothing in this article shall be deemed to affect or establish the application of the
doctrine of reasonable accommodation to determine the respective rights and
obligations of the surface owner or mineral estate owner except upon lands that
are qualifying surface developments burdened by oil and gas operations areas
under section 24-65.5-103.5.
(2.5) Commission means the energy and carbon management commission
created in section 34-60-104.3 (1).
(2.6) Drilling window means an area established by the commission within
which the surface location of a well or wells may be established. In the greater
Wattenberg area, such drilling windows are referred to generally as the GWA
window and more specifically as the four-hundred-foot window and the eight-hundred-foot window.
(2.7) Governmental quarter section means an area, approximately square,
consisting of four contiguous quarter-quarter sections as defined by an official
governmental survey.
(2.8) Greater Wattenberg area means those lands from and including
townships 2 south to 7 north and ranges 61 west to 69 west of the sixth principal
meridian.
(3) Local government means a county; a home rule or statutory city, town,
or city and county; or a territorial charter city.
(4) Mineral estate means a mineral interest in real property that is shown
by the real estate records of the county in which the real property is situated.
(5) Mineral estate owner means the owner or lessee of a mineral estate
underneath a surface estate that is subject to an application for development.
(5.5) Oil and gas operations has the meaning established in section 34-60-103, C.R.S.
(5.6) Oil and gas operations area means an area designated pursuant to
section 24-65.5-103.5 as the exclusive area for the conduct of oil and gas drilling
and production operations and the location of associated production facilities in
qualified surface developments.
(5.7) Qualifying surface development means an application for
development covering at least one hundred sixty gross acres, plus or minus five
percent, within the greater Wattenberg area, including any applications for
development filed by affiliates sharing a common boundary, in whole or in part.
(6) Surface estate means a fee title interest in the surface of real property
that may or may not include mineral rights as shown by the real estate records of
the county in which the real property is situated.
(7) Surface owner means the owner of the surface estate and any person
with rights under a recorded contract to purchase all or part of the surface estate.