US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Colorado Code » Title 34 - Mineral Resources » Article 48 - Easements

§ 34-48-101. Right-of-Way for Water

Whenever any persons are engaged in bringing water into any portion of a mine, they have the right-of-way secured to them, and may pass over any claim, road ditch, or other structure, if the water is guarded so as not to interfere with prior rights. Source: R.S. p. 465, § 2. G.L. § 1798. G.S. […]

§ 34-48-102. Mine Under Buildings

No person has the right to mine under any building or other improvement unless he shall first secure the parties owning the same against all damages, except by priority of right. Source: R.S. p. 465, § 3. G.L. § 1799. G.S. § 2388. R.S. 08: § 4213. C.L. § 3295. CSA: C. 110, § 185. […]

§ 34-48-103. Flooding – Tailings – Liability

In no case shall any person be allowed to flood the property of another person with water, or wash down the tailings of his sluice upon the claim or property of other persons, but it is the duty of every miner to take care of his own tailings, upon his own property, or become responsible […]

§ 34-48-104. Right-of-Way for Hauling Quartz

Every miner has the right-of-way across any and all claims for the purpose of hauling quartz from his claim. Source: R.S. p. 466, § 9. G.L. § 1805. G.S. § 2394. R.S. 08: § 4215. C.L. § 3297. CSA: C. 110, § 187. CRS 53: § 92-24-4. C.R.S. 1963: § 92-24-4.

§ 34-48-105. Rights-of-Way – Condemnation

All mining claims, including patented and unpatented claims, shall be subject to the right-of-way of any ditch, flume, pipeline for transporting water or air for mining purposes, or of any tram, tramway, or pack trail, across any such locations or claims. Any person or corporation desiring to construct, maintain, and operate any such flume, ditch, […]

§ 34-48-106. Security for Mining Under Surface

When the right to mine is in any case separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if it is refused, he may enjoin such miner from working until such security is given. The order for […]

§ 34-48-107. Tunnels – Drifts – Right-of-Way – Condemnation

The owner of any mining claim or property who, by reason of established rights, shall be entitled to follow any mineral-bearing vein or lode into the property of another, and the owner of any mining claim or property lying on two or more sides of the property of another has the right to enter and […]

§ 34-48-108. Accounting

Any owner exercising the rights and privileges granted in this article shall do so in such manner as not to interfere with the mining operations of the owner into or through whose property he seeks to go, and shall extract only such ore as is necessary in the reasonable exercise of the rights granted in […]

§ 34-48-109. Surveys

The owners of land through which it is proposed to construct such tunnel shall have the right at any reasonable time, upon application to the superintendent or other managing officer of such condemning owner, to enter his works with their surveyors and inspectors for the purpose of inspection and making a survey of any such […]

§ 34-48-110. Rights-of-Way for Conveyance and Storage of Water

All persons and corporations engaged in mining or milling of ores have the right-of-way over, upon, under, and across all mining claims, including patented and unpatented claims, or other lands, for the construction, maintenance, and operation of flumes, ditches, pipelines, and conduits to convey water for use in said mines and mills, and to convey […]

§ 34-48-111. Right of Eminent Domain

All persons or corporations shall pay due and just compensation for rights-of-way to the owners of the property through which it is proposed to construct any flume, ditch, pipeline, or conduit or upon which any reservoirs shall be located. When the parties cannot agree upon such right-of-way or reservoir site or the amount of compensation […]