Colorado § 34-60-105 Powers of commission

Colorado Statutes

§ 34-60-105 — Powers of commission

Colorado § 34-60-105

Title 34Mineral

Art.Energy and Carbon Management

This text of Colorado § 34-60-105 (Powers of commission) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 34-60-105 (2026).

Text

(1)(a) The commission has jurisdiction over all persons and property, public and private, necessary to enforce this article 60, the power to make and enforce rules and orders pursuant to this article 60, and to do whatever may reasonably be necessary to carry out this article 60.

(b)Any delegation of authority to any other state officer, board, or commission to administer any other laws of this state relating to the conservation of oil or gas, or either of them, is rescinded and withdrawn, and that authority is unqualifiedly conferred upon the commission, as provided in this section; except that, as further specified in section 34-60-131, nothing in this article 60 alters, impairs, or negates the authority of:

(I)The air quality control commission to regulate, pursuant to arti

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(1) (a) The commission has jurisdiction
over all persons and property, public and private, necessary to enforce this article
60, the power to make and enforce rules and orders pursuant to this article 60, and
to do whatever may reasonably be necessary to carry out this article 60.

(b) Any delegation of authority to any other state officer, board, or
commission to administer any other laws of this state relating to the conservation
of oil or gas, or either of them, is rescinded and withdrawn, and that authority is
unqualifiedly conferred upon the commission, as provided in this section; except
that, as further specified in section 34-60-131, nothing in this article 60 alters,
impairs, or negates the authority of:

(I) The air quality control commission to regulate, pursuant to article 7 of
title 25, the emission of air pollutants from oil and gas operations;

(II) The water quality control commission to regulate, pursuant to article 8 of
title 25, the discharge of water pollutants from oil and gas operations;

(III) The state board of health to regulate, pursuant to section 25-11-104, the
disposal of naturally occurring radioactive materials and technologically enhanced
naturally occurring radioactive materials from oil and gas operations;

(IV) The solid and hazardous waste commission to:

(A) Regulate, pursuant to article 15 of title 25, the disposal of hazardous
waste from oil and gas operations; or

(B) Regulate, pursuant to section 30-20-109 (1.5), the disposal of exploration
and production waste from oil and gas operations; and

(V) A local government to regulate energy and carbon management
operations pursuant to section 29-20-104.

(c) Any person, or the attorney general on behalf of the state, may apply for
a hearing before the commission, or the commission may initiate proceedings, upon
any question relating to the administration of this article 60, and jurisdiction is
conferred upon the commission to hear and determine the question and enter its
rule or order with respect to the question.

(2) Repealed.

(3) The attorney general is the legal advisor of the commission, and it is his
or her duty to represent the commission in all court proceedings and in all
proceedings before it and in any proceedings to which the commission may be a
party before any department of the federal government.

(4) (a) Except as specified in subsection (4)(b) of this section, nothing in this
article 60 authorizes the state or its local governments, including the commission,
boards of county commissioners, and municipalities, to regulate the activities of:

(I) Federally recognized Indian tribes, their political subdivisions, or tribally
controlled affiliates, undertaken or to be undertaken with respect to mineral
evaluation, exploration, or development or energy and carbon management
operations on lands within the exterior boundaries of an Indian reservation located
within the state; or

(II) Third parties, undertaken or to be undertaken with respect to mineral
evaluation, exploration, or development or energy and carbon management
operations on Indian trust lands within the exterior boundaries of an Indian
reservation located within the state.

(b) Regulation by the state or its local governments, including the
commission, boards of county commissioners, and municipalities, applicable to non-Indians conducting oil and gas operations on lands within the exterior boundaries of
the Southern Ute Indian reservation may apply to lands where both the surface and
the oil and gas estates are owned in fee by a person other than the Southern Ute
Indian tribe, regardless of whether the lands are communitized or pooled with
Indian mineral lands.

(c) Nothing in this article 60 alters the authority for the regulation of air
pollution on the Southern Ute Indian reservation as set forth in article 62 of title 24
and part 13 of article 7 of title 25.

Legislative History

Source: L. 51: p. 655, � 7. CSA: C. 118, � 68(7). CRS 53: � 100-6-5. C.R.S. 1963: � 100-6-5. L. 81: (2) repealed, p. 1690, � 3, effective May 21. L. 2016: (3) amended, (HB 16-1094), ch. 94, p. 268, � 18, effective August 10. L. 2019: (1) amended and (4) added, (SB 19-181), ch. 120, p. 511, � 11, effective April 16. L. 2024: IP(1)(b), (1)(b)(V), and (4)(a) amended, (HB 24-1346), ch. 216, p. 1330, � 3, effective May 21.