Colorado Revised Statutes

Colo. Rev. Stat. § 34-32-102 (2026)

Legislative declaration

✓ current as of July 2026

Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(1) It is declared to be the policy of this state that the extraction of minerals and the reclamation of land affected by such extraction are both necessary and proper activities. It is further declared to be the policy of this state that both such activities should be and are compatible. It is the intent of the general assembly by the enactment of this article to foster and encourage the development of an economically sound and stable mining and minerals industry and to encourage the orderly development of the state's natural resources, while requiring those persons involved in mining operations to reclaim land affected by such operations so that the affected land may be put to a use beneficial to the people of this state. It is the further intent of the general assembly by the enactment of this article to conserve natural resources, to aid in the protection of wildlife and aquatic resources, to establish agricultural, recreational, residential, and industrial sites, and to protect and promote the health, safety, and general welfare of the people of this state.

(2) The general assembly further declares that it is the intent of this article to require the development of a mined land reclamation regulatory program in which the economic costs of reclamation measures utilized bear a reasonable relationship to the environmental benefits derived from such measures. The mined land reclamation board or the office, when considering the requirements of reclamation measures, shall evaluate the benefits expected to result from the use of such measures. It is also the intent of the general assembly that consideration be given to the economic reasonableness of the action of the mined land reclamation board or the office. In considering economic reasonableness, the financial condition of an operator shall not be a factor.

(3) The general assembly further finds, determines, and declares that:

(a) It is the policy of this state to recognize that mining operations are conducted by government and private entities;

(b) All people of the state benefit from the reclamation of mined land;

(d) The funding for enforcement and other activity that is conducted for the benefit of the general public should be supported by the general fund;

(e) It is the policy of this state to allocate resources adequate to accomplish the purposes of this article.

Source: L. 76: Entire article R&RE, p. 724, § 1, effective July 1. L. 88: Entire section R&RE, p. 1200, § 1, effective July 1. L. 91: Entire section amended, p. 1431, § 2, effective July 1. L. 92: (2) amended, p. 1937, § 31, effective July 1. L. 93: (3)(e) added, p. 1175, § 1, effective July 1. Editor's note: This section is similar to former § 34-32-102 as it existed prior to 1976.

Notes of Decisions

Cited in 9 cases, 1983–2019 · leading case: Hecla Mining Co. v. New Hampshire Ins. Co., 811 P.2d 1083 (Colo. 1991).

Sort: Relevance Newest Treatment

Hecla Mining Co. v. New Hampshire Ins. Co., 811 P.2d 1083 (Colo. 1991). · cites it 8× “" Section 34-32-102, 14 C.R.S. (1984).... Thus, absent a contrary showing, the Act provides constructive notice to all mine operators that their activities could cause environmental damage.”

Colorado Mining Ass'n v. Bd. of Cnty. Commissioners of Summit Cnty., 199 P.3d 718 (Colo. 2009). · cites it 6× “In so providing, the General Assembly recognized that valuable mineral deposits exist where natural forces have placed them, and the mineral industry depends on being able to conduct safe and effective operations to extract those minerals, including from tailings left over from…”

Colorado Mining Ass'n v. Bd. of Cnty. Commissioners, 170 P.3d 749 (Colo. Ct. App. 2007). · cites it 8× “Section 34-32-102, C.R.S.2006. Similar, if not broader, statements of legislative purpose emphasizing a strong statewide economic interest in the orderly development of natural resources, including mining, appear in other statutes relating to mining and other natural resources.”

Three Bells Ranch Assocs. v. Cache La Poudre Water Users Ass'n, 758 P.2d 164 (Colo. 1988). · cites it 2× “§ 34-32-102, 14 C.R.S. (1984). We find nothing in these statutory provisions that reflects a legislative intent to preempt the requirements of the Ground Water Management Act or the 1969 Act.”

C & M Sand & Gravel, Div. of C & M Ready Mix Concrete Co. of Boulder v. Bd. of Cnty. Commissioners, 673 P.2d 1013 (Colo. Ct. App. 1983). · cites it 2× “See § 34-32-102, C.R.S. 1973 (1982 Cum.Supp.).”

Colorado State Bd. of Land Commissioners v. Colorado Mined Land Reclamation Bd., 809 P.2d 974 (Colo. 1991). “§ 34-32-102, 14 C.R.S. (1984). The General Assembly has expressly acknowledged that the attainment of these goals would be virtually impossible if mining operations were to be excused from compliance with local governmental regulations on land use and development.”

New Hampshire Ins. Co. v. Hecla Mining Co., 791 P.2d 1154 (Colo. Ct. App. 1990). · cites it 3× “” Section 34-32-102, C.R.S. (1984 Repl.Vol.”

Hudspeth v. Bd. of Cnty. Com'rs of Routt, 667 P.2d 775 (Colo. Ct. App. 1983). “See §§ 34-32-102 and 34-32-109(6), C.R.S.1973 (1982 Cum.”

ion Network v. Colo Mined Land, 2019 COA 114 (Colo. Ct. App. 2019). · cites it 2× “§ 34-32-102(1), C.R.S. 2018. Under the MLRA, a mining permit may continue in effect even if the mining operation “temporarily cease[s] production for one hundred eighty days or more,” provided the operator files a “Notice of 3 Temporary Cessation” with the Office of Mined Land…”

— Colo. Rev. Stat. § 34-32-102(1) — 3 cases

Colorado Mining Ass'n v. Bd. of Cnty. Commissioners of Summit Cnty., 199 P.3d 718 (Colo. 2009). “In so providing, the General Assembly recognized that valuable mineral deposits exist where natural forces have placed them, and the mineral industry depends on being able to conduct safe and effective operations to extract those minerals, including from tailings left over from…”

Colorado Mining Ass'n v. Bd. of Cnty. Commissioners, 170 P.3d 749 (Colo. Ct. App. 2007). “Section 34-32-102, C.R.S.2006. Similar, if not broader, statements of legislative purpose emphasizing a strong statewide economic interest in the orderly development of natural resources, including mining, appear in other statutes relating to mining and other natural resources.”

ion Network v. Colo Mined Land, 2019 COA 114 (Colo. Ct. App. 2019). “§ 34-32-102(1), C.R.S. 2018. Under the MLRA, a mining permit may continue in effect even if the mining operation “temporarily cease[s] production for one hundred eighty days or more,” provided the operator files a “Notice of 3 Temporary Cessation” with the Office of Mined Land…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.