(1) (a) The commission has jurisdiction over all persons and property, public and private, necessary to enforce this article 60, the power to make and enforce rules and orders pursuant to this article 60, and to do whatever may reasonably be necessary to carry out this article 60.
(b) Any delegation of authority to any other state officer, board, or commission to administer any other laws of this state relating to the conservation of oil or gas, or either of them, is rescinded and withdrawn, and that authority is unqualifiedly conferred upon the commission, as provided in this section; except that, as further specified in section 34-60-131, nothing in this article 60 alters, impairs, or negates the authority of:
(I) The air quality control commission to regulate, pursuant to article 7 of title 25, the emission of air pollutants from oil and gas operations;
(II) The water quality control commission to regulate, pursuant to article 8 of title 25, the discharge of water pollutants from oil and gas operations;
(III) The state board of health to regulate, pursuant to section 25-11-104, the disposal of naturally occurring radioactive materials and technologically enhanced naturally occurring radioactive materials from oil and gas operations;
(IV) The solid and hazardous waste commission to:
(A) Regulate, pursuant to article 15 of title 25, the disposal of hazardous waste from oil and gas operations; or
(B) Regulate, pursuant to section 30-20-109 (1.5), the disposal of exploration and production waste from oil and gas operations; and
(V) A local government to regulate energy and carbon management operations pursuant to section 29-20-104.
(c) Any person, or the attorney general on behalf of the state, may apply for a hearing before the commission, or the commission may initiate proceedings, upon any question relating to the administration of this article 60, and jurisdiction is conferred upon the commission to hear and determine the question and enter its rule or order with respect to the question.
(2) Repealed.
(3) The attorney general is the legal advisor of the commission, and it is his or her duty to represent the commission in all court proceedings and in all proceedings before it and in any proceedings to which the commission may be a party before any department of the federal government.
(4) (a) Except as specified in subsection (4)(b) of this section, nothing in this article 60 authorizes the state or its local governments, including the commission, boards of county commissioners, and municipalities, to regulate the activities of:
(I) Federally recognized Indian tribes, their political subdivisions, or tribally controlled affiliates, undertaken or to be undertaken with respect to mineral evaluation, exploration, or development or energy and carbon management operations on lands within the exterior boundaries of an Indian reservation located within the state; or
(II) Third parties, undertaken or to be undertaken with respect to mineral evaluation, exploration, or development or energy and carbon management operations on Indian trust lands within the exterior boundaries of an Indian reservation located within the state.
(b) Regulation by the state or its local governments, including the commission, boards of county commissioners, and municipalities, applicable to non-Indians conducting oil and gas operations on lands within the exterior boundaries of the Southern Ute Indian reservation may apply to lands where both the surface and the oil and gas estates are owned in fee by a person other than the Southern Ute Indian tribe, regardless of whether the lands are communitized or pooled with Indian mineral lands.
(c) Nothing in this article 60 alters the authority for the regulation of air pollution on the Southern Ute Indian reservation as set forth in article 62 of title 24 and part 13 of article 7 of title 25.
Source: L. 51: p. 655, § 7. CSA: C. 118, § 68(7). CRS 53: § 100-6-5. C.R.S. 1963: § 100-6-5. L. 81: (2) repealed, p. 1690, § 3, effective May 21. L. 2016: (3) amended, (HB 16- 1094), ch. 94, p. 268, § 18, effective August 10. L. 2019: (1) amended and (4) added, (SB 19- 181), ch. 120, p. 511, § 11, effective April 16. L. 2024: IP(1)(b), (1)(b)(V), and (4)(a) amended, (HB 24-1346), ch. 216, p. 1330, § 3, effective May 21.
Notes of Decisions
Bd. of Cnty. Commissioners v. Bowen/Edwards Assocs., Inc., 830 P.2d 1045 (Colo. 1992).
· cites it 15× “§ 34-60-105(1), 14 C.R.S. (1984). In addition to issuing permits for oil and gas drilling operations, the commission is authorized to regulate the drilling, production, and plugging of wells, the shooting and chemical treatment of wells, the spacing of wells, and the disposal of…”
Colo. Oil & Gas Conservation Comm'n v. Martinez, 2019 CO 3 (Colo. 2019).
· cites it 4× “¶21 Section 34-60-105(1), C.R.S. (2018), provides the Commission with "the power to make and enforce rules, regulations, and orders pursuant to this article, and to do whatever may reasonably be necessary to carry out the provisions of this article.”
Grant Bros. Ranch, LLC v. Antero Resources Piceance Corp, 2016 COA 178 (Colo. Ct. App. 2016).
· cites it 3× “See § 34-60-105(1), C.R.S, 2016 (“The commission has jurisdiction over all persons and property, public and private, necessary to enforce the provisions of this article, and has the power to make and enforce rules, regulations, and orders pursuant to this article, and to do…”
Anderson Living Trust v. Conocophillips Co., 952 F. Supp. 2d 979 (D.N.M. 2013).
“Any person, or-the attorney general on behalf of the state, may apply for any hearing before the commission, or the commission may initiate proceedings upon any question relating to the administration of this article, and jurisdiction is conferred upon the commission to hear and…”
Weld Air & Water v. Colorado Oil & Gas Conservation Comm'n, 2019 COA 86 (Colo. Ct. App. 2019).
· cites it 2× “See § 34-60-105, C.R.S. 2018. Specifically, the Act authorizes the Commission to regulate “[t]he drilling, producing, and plugging of wells and all other operations 15 for the production of oil and gas.”
City of Fort Collins v. Colorado Oil & Gas Ass'n, 369 P.3d 586 (Colo. 2016).
· cites it 2× “28 Pursuant to the Act, the Commission is empowered to make and enforce rules, regulations, and orders, § 34-60-105(1), C.R.S. (2015), and to regulate, among other things, the "drilling, producing, and plugging of wells and all other operations for the production of oil or gas,"…”
City of Fort Collins v. Colorado Oil & Gas Ass'n, 2016 CO 28 (Colo. 2016).
· cites it 2× “¶28 Pursuant to the Act, the Commission is empowered to make and enforce rules, regulations, and orders, § 34-60-105(1), C.R.S. (2015), and to regulate, among other things, the "drilling, producing, and plugging of wells and all other operations for the production of oil or…”
City of Longmont v. Colorado Oil & Gas Ass'n, 2016 CO 29 (Colo. 2016).
· cites it 4× “¶51 Pursuant to the Act, the Commission is empowered to make and enforce rules, regulations, and orders, § 34-60-105(1), C.R.S. (2015), and to regulate, among other things, the "drilling, producing, and plugging of wells and all other operations for the production of oil or…”
— Colo. Rev. Stat. § 34-60-105(1) — 12 cases
Bd. of Cnty. Commissioners v. Bowen/Edwards Assocs., Inc., 830 P.2d 1045 (Colo. 1992).
“§ 34-60-105(1), 14 C.R.S. (1984). In addition to issuing permits for oil and gas drilling operations, the commission is authorized to regulate the drilling, production, and plugging of wells, the shooting and chemical treatment of wells, the spacing of wells, and the disposal of…”
Colo. Oil & Gas Conservation Comm'n v. Martinez, 2019 CO 3 (Colo. 2019).
“¶21 Section 34-60-105(1), C.R.S. (2018), provides the Commission with "the power to make and enforce rules, regulations, and orders pursuant to this article, and to do whatever may reasonably be necessary to carry out the provisions of this article.”
Grant Bros. Ranch, LLC v. Antero Resources Piceance Corp, 2016 COA 178 (Colo. Ct. App. 2016).
“See § 34-60-105(1), C.R.S, 2016 (“The commission has jurisdiction over all persons and property, public and private, necessary to enforce the provisions of this article, and has the power to make and enforce rules, regulations, and orders pursuant to this article, and to do…”
Anderson Living Trust v. Conocophillips Co., 952 F. Supp. 2d 979 (D.N.M. 2013).
“Any person, or-the attorney general on behalf of the state, may apply for any hearing before the commission, or the commission may initiate proceedings upon any question relating to the administration of this article, and jurisdiction is conferred upon the commission to hear and…”
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