§ 24-65.5-102. Definitions – Legislative Declaration

As used in this article, 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. 1. “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.
   2. 1. The general assembly hereby finds that:
         1. 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
         2. 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.
      2. 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.
      3. 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).
      4. 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.
      5. 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 Colorado oil and gas conservation commission created in section 34-60-104, C.R.S.

   (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.

Source: L. 2001: Entire article added, p. 486, § 2, effective July 1. L. 2002: (2) and (4) amended, p. 891, § 1, effective August 7. L. 2003: (2) amended, p. 3, § 1, effective February 26. L. 2007: (1.5), (2.5), (2.6), (2.7), (2.8), (5.5), (5.6), and (5.7) added and (2), (4), and (6) amended, p. 2111, § 2, effective August 3.