Colorado § 38-35.7-108 Disclosure of oil and gas activity - rules

Colorado Statutes

§ 38-35.7-108 — Disclosure of oil and gas activity - rules

Colorado § 38-35.7-108

Title 38Property -

Art.Disclosures Required in Connection with

This text of Colorado § 38-35.7-108 (Disclosure of oil and gas activity - rules) 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. § 38-35.7-108 (2026).

Text

(1)(a) By January 1, 2016, the real estate commission created in section 12-10-206 shall promulgate a rule requiring each contract of sale or seller's property disclosure for residential real property that is subject to the commission's jurisdiction to disclose the following or substantially similar information: THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE MAY NOT INCLUDE TRANSFER OF THE MINERAL ESTATE. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OR OTHER MINERALS UNDER THE SURFACE, AND THEY MAY ENTER AND USE THE SURFACE ESTATE TO ACCESS THE MINERAL ESTATE. THE USE OF THE SURFACE ESTATE TO ACCESS THE MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE O

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(1) (a) By January 1,
2016, the real estate commission created in section 12-10-206 shall promulgate a
rule requiring each contract of sale or seller's property disclosure for residential
real property that is subject to the commission's jurisdiction to disclose the
following or substantially similar information:

THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY
FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE
ESTATE MAY NOT INCLUDE TRANSFER OF THE MINERAL ESTATE. THIRD
PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OR OTHER MINERALS
UNDER THE SURFACE, AND THEY MAY ENTER AND USE THE SURFACE ESTATE
TO ACCESS THE MINERAL ESTATE.

THE USE OF THE SURFACE ESTATE TO ACCESS THE MINERALS MAY BE
GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER
NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND
RECORDER.

THE OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO
THIS PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING,
DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR
PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT
WELLS, AND GAS GATHERING AND PROCESSING FACILITIES.

THE BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION
REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THIS PROPERTY,
INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE
AVAILABLE FROM THE ENERGY AND CARBON MANAGEMENT COMMISSION.

(b) On and after January 1, 2016, each contract of sale or seller's property
disclosure for residential real property that is not subject to the real estate
commission's jurisdiction must contain a disclosure statement in bold-faced type
that is clearly legible in substantially the same form as is specified in paragraph (a)
of this subsection (1).

(2) The disclosure required by subsection (1) of this section does not create a
duty to investigate or disclose that does not otherwise exist for the seller, a person
licensed under article 10 of title 12, or a title insurance agent or company licensed
under article 2 of title 10.

Legislative History

Source: L. 2014: Entire section added, (SB 14-009), ch. 74, p. 305, � 1, effective August 6. L. 2019: IP(1)(a) and (2) amended, (HB 19-1172), ch. 136, p. 1725, � 238, effective October 1. L. 2023: (1)(a) amended, (SB 23-285), ch. 235, p. 1258, � 41, effective July 1.