§ 34-32-102 — Legislative declaration

Colorado § 34-32-102

• Jurisdiction: Colorado
• Title 34: Mineral
• Art.: Colorado Mined Land Reclamation Act

Text

(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 compatible. It is the
intent of the general assembly by the enactment of this article to foster and
encourage the development of an economically sound and stable mining and
minerals industry and to encourage the orderly development of the state's natural
resources, while requiring those persons involved in mining operations to reclaim
land affected by such operations so that the affected land may be put to a use
beneficial to the people of this state. It is the further intent of the general assembly
by the enactment of this article to conserve natural resources, to aid in the
protection of wildlife and aquatic resources, to establish agricultural, recreational,
residential, and industrial sites, and to protect and promote the health, safety, and
general welfare of the people of this state.

(2) The general assembly further declares that it is the intent of this article
to require the development of a mined land reclamation regulatory program in
which the economic costs of reclamation measures utilized bear a reasonable
relationship to the environmental benefits derived from such measures. The mined
land reclamation board or the office, when considering the requirements of
reclamation measures, shall evaluate the benefits expected to result from the use
of such measures. It is also the intent of the general assembly that consideration be
given to the economic reasonableness of the action of the mined land reclamation
board or the office. In considering economic reasonableness, the financial condition
of an operator shall not be a factor.

(3) The general assembly further finds, determines, and declares that:

(a) It is the policy of this state to recognize that mining operations are
conducted by government and private entities;

(b) All people of the state benefit from the reclamation of mined land;

(c) The funding to ensure that reclamation is achieved should be borne
equitably by both the public and private sectors;

(d) The funding for enforcement and other activity that is conducted for the
benefit of the general public should be supported by the general fund;

(e) It is the policy of this state to allocate resources adequate to accomplish
the purposes of this article.

Legislative History

Source: L. 76: Entire article R&RE, p. 724, � 1, effective July 1. L. 88: Entire section R&RE, p. 1200, � 1, effective July 1. L. 91: Entire section amended, p. 1431, � 2, effective July 1. L. 92: (2) amended, p. 1937, � 31, effective July 1. L. 93: (3)(e) added, p. 1175, � 1, effective July 1.