Colo. Rev. Stat. » Title 39
Colorado Revised Statutes

Colo. Rev. Stat. § 39-29-101 (2024)

Legislative declaration

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) The general assembly hereby finds and declares that, when nonrenewable natural resources are removed from the earth, the value of such resources to the state of Colorado is irretrievably lost. Therefore, it is the intent of the general assembly to recapture a portion of this lost wealth through a special excise tax, in addition to other business taxes, on the nonrenewable natural resources removed from the soil of this state and sold for private profit.

(2) The general assembly further finds and declares that the severance of nonrenewable resources provides a potential source of revenue to the state and its political subdivisions. Therefore, it is the intent of the general assembly to impose a tax on the process of severance in addition to other business taxes.

(3) It additionally is the intent of the general assembly that a portion of the revenues derived from such a severance tax be used by the state for public purposes, that a portion be held by the state in a perpetual trust fund, and that a portion be made available to local governments to offset the impact created by nonrenewable resource development.

Source: L. 77: Entire article added, p. 1844, § 1, effective January 1, 1978.

Notes of Decisions
Cited in 5 cases, 1982–2016 · leading case: Huber v. Colorado Mining Ass'n, 264 P.3d 884 (Colo. 2011).
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Huber v. Colorado Mining Ass'n, 264 P.3d 884 (Colo. 2011). · cites it 2× “See § 39-29-101(1) (legislative declaration).”
In re the Title, Ballot Title & Submission Clause, & Summary Including the Estimate of Fiscal Impact & Explanation Thereof Pertaining to the Mineral Prod. Tax Initiative Adopted on January 27, 1982, 644 P.2d 20 (Colo. 1982). · cites it 2× “Section 39-29-101, et seq., C.R.S.1973 (1981 Supp.”
BP Am. Prod. Co. v. Colorado Dep't of Revenue, 2016 CO 23, 369 P.3d 281. “§ 39-29-101(1). This is termed the "severance tax" because it taxes the value of nonrenewable natural resources, such as oil and natural gas, extracted or severed from real property in Colorado.”
BP Am. v. Colo, 2016 CO 23. · cites it 4× “§ 39-29-101, C.R.S. (2015). This tax is called the “severance tax.”
Fed. Land Bank of Wichita v. Bd. of Cnty. Commissioners, 607 F. Supp. 1137 (D. Colo. 1985). · cites it 4× “Second,' Colorado has a separate severance tax, Colo.Rev.Stat. § 39-29-101 et seq. While some states have chosen to create severance or gross production taxes in lieu of an ad valorem tax on oil and gas leaseholds, Colorado’s legislature created the severance tax in addition to…”
Colo. Rev. Stat. § 39-29-101(1): 3 cases
Huber v. Colorado Mining Ass'n, 264 P.3d 884 (Colo. 2011). “See § 39-29-101(1) (legislative declaration).”
BP Am. Prod. Co. v. Colorado Dep't of Revenue, 2016 CO 23, 369 P.3d 281. “§ 39-29-101(1). This is termed the "severance tax" because it taxes the value of nonrenewable natural resources, such as oil and natural gas, extracted or severed from real property in Colorado.”
BP Am. v. Colo, 2016 CO 23. “§ 39-29-101, C.R.S. (2015). This tax is called the “severance tax.”
Colo. Rev. Stat. § 39-29-101(2): 1 case
Fed. Land Bank of Wichita v. Bd. of Cnty. Commissioners, 607 F. Supp. 1137 (D. Colo. 1985). “Second,' Colorado has a separate severance tax, Colo.Rev.Stat. § 39-29-101 et seq. While some states have chosen to create severance or gross production taxes in lieu of an ad valorem tax on oil and gas leaseholds, Colorado’s legislature created the severance tax in addition to…”
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