§ 36-1-113 — Leases - rental - mineral resources lands

Colorado § 36-1-113

• Jurisdiction: Colorado
• Title 36: Natural
• Art.: State Board of Land Commissioners

Text

(1) The state board of
land commissioners may lease any portion of the land of the state at a rental to be
determined by it, except as provided in sections 36-1-118, 36-1-123.5, 36-1-147, and
36-1-147.5. The lessee shall pay the annual rental to the board, who shall receipt for
the same in the lease. Upon receiving such annual rental, the board shall transmit
the same to the state treasurer, as provided by law, and take his or her receipt
therefor. If geothermal resources or mineral resources are found upon the state
land, such land may be leased for the purpose of removing such resources for such
length of time and conditioned upon the payment to the board of such royalty upon
the product as the board may determine.

(2) All geothermal leases issued by the state board of land commissioners
may be awarded as the result of negotiation or competitive bidding, but no such
lease shall be executed until after at least thirty days' public notice that the award
of a lease is contemplated.

(3) (a) (I) As used in this subsection (3), logical mining area means an area
of land in which metallic and industrial minerals, construction materials, or coal
resources can be developed in an efficient, economical, and orderly manner as an
integrated operation with due regard to conservation of such resources. A logical
mining area may consist of state lands including one or more state surface or
mineral leases, or both such types of leases, and may include lands owned by other
persons or entities.

(II) As used in this subsection (3), oil and gas unit means a federal
exploratory unit pursuant to unit plan regulations under 43 CFR 3160, unit
operations under section 34-60-118, C.R.S., or drilling and spacing units and pooling
of interests under section 34-60-116, C.R.S. An oil and gas unit may consist of state
lands including one or more state surface or mineral leases, or both such types of
leases, and may include lands owned by other persons or entities.

(b) With respect to all surface and mineral lands, or both, included in whole
or in part in a logical mining area for those operations permitted under article 32,
32.5, or 33 of title 34, C.R.S., as of July 1, 1997, or, in an oil and gas unit established
under applicable federal or state law as of July 1, 1997, nothing in this article shall
preclude the state board of land commissioners from issuing a new lease, renewing
an existing lease, or issuing a lease extension consistent with article IX of the state
constitution to facilitate the complete and orderly development and reclamation of
such mining operations or of such oil and gas operations.

(c) (I) When the state board of land commissioners considers whether a lease
for such land included in a logical mining area or in an oil and gas unit established
under applicable federal or state law as of July 1, 1997, should be issued, renewed,
or extended to accomplish the orderly development and reclamation of a logical
mining area or to conduct oil and gas operations, the state board of land
commissioners shall specifically consider in making its findings:

(A) Whether the benefit to the trust, including the current or proposed
income produced from the mining or oil and gas operation, is outweighed by current
or proposed uses other than the mining or oil and gas operation; and

(B) Whether the mining or oil and gas operation is incompatible with current
or proposed uses.

(II) Nothing in this section shall affect the obligation of any lessee from
complying with any federal, state, or local law, rule, code, or regulation.

Legislative History

Source: L. 19: p. 642, � 8. C.L. � 1160. CSA: C. 134, � 59. CRS 53: � 112-3-13. C.R.S. 1963: � 112-3-13. L. 74: Entire section amended, p. 313, � 2, effective May 17. L. 75: Entire section amended, p. 222, � 75, effective July 16. L. 97: (1) amended and (3) added, p. 839, � 11, effective May 21. L. 2007: (1) amended, p. 620, � 1, effective August 3. L. 2009: (1) amended, (HB 09-1317), ch. 381, p. 2073, � 3, effective June 2.