§ 34-34-101. Definitions

As used in this article, unless the context otherwise requires:

1. “Abandoned”, with regard to mining operations, means lands that were subject to mining operations for which there is no continuing reclamation responsibility under state or federal laws and that have been abandoned or left in an inadequate reclamation status prior to:
   1. For coal mining operations, August 3, 1977, the date of enactment of the federal “Surface Mining Control and Reclamation Act of 1977”;
   2. For hard rock mining operations, July 1, 1976, the date of enactment of the “Colorado Mined Land Reclamation Act”, article 32 of this title.
2. “Board” means the mined land reclamation board established by section 34-32-105.
3. “Division” means the division of reclamation, mining, and safety or such agency as may lawfully succeed to the powers and duties of such division.
4. “Hard rock” means an inanimate constituent of the earth in a solid, liquid, or gaseous state that, when extracted from the earth, is useable in its natural form or is capable of conversion into a useable form as a metal, a metallic compound, a chemical, an energy source, or a raw material. For the purposes of this article, “hard rock” does not include coal, surface or subsurface water, geothermal resources, or natural oil and gas together with other chemicals recovered therewith, but does include oil shale.
5. “Mineral” means hard rock and coal.
6. “Mining operations” means the development or extraction of a mineral from its natural occurrences on affected land. The term includes, but is not limited to, open mining and surface operation and the disposal of refuse from surface, underground, and in situ mining. The term includes the following operations on affected lands: Transportation, concentrating, milling, evaporation, and other processing. The term does not include: The exploration and extraction of natural petroleum in a liquid or gaseous state by means of wells or pipe; the extraction of geothermal resources; or smelting, refining, cleaning, preparation, transportation, and other off-site operations not conducted on affected land.
7. “Pre-law” means that no permit was issued pursuant to article 32, 32.5, or 33 of this title for a mining operation and no bond or other financial assurance covering the reclamation of the land affected by such mining operation exists.

Source: L. 2005: Entire article added, p. 690, § 1, effective July 1. L. 2006: (3) amended, p. 218, § 15, effective August 7.

Cross references: For the “Surface Mining Control and Reclamation Act of 1977”, see 30 U.S.C. § 1201 et seq.