C.R.S. Section 34-60-103

As used in this article 60, unless the context otherwise requires:


“And” includes the word “or” and the use of the word “or” includes the word “and”. The use of the plural includes the singular and the use of the singular includes the plural.


“Commission” means the energy and carbon management commission created in section 34-60-104.3 (1).


“Common source of supply” is synonymous with “pool” as defined in this section.


“Correlative rights” means that each owner and producer in a common pool or source of supply of oil and gas shall have an equal opportunity to obtain and produce his just and equitable share of the oil and gas underlying such pool or source of supply.


“Division of parks and wildlife” means the division of parks and wildlife identified in article 9 of title 33, C.R.S.


“Exploration and production waste” means those wastes that are generated during the drilling of and production from oil and gas wells, during the drilling of and production from wells for deep geothermal operations, as defined in section 37-90.5-103 (3), regulated by the commission pursuant to article 90.5 of title 37, or during primary field operations and that are exempt from regulation as hazardous wastes under Subtitle C of the federal “Resource Conservation and Recovery Act of 1976”, 42 U.S.C. secs. 6901 to 6934, as amended.


“Gas” means all natural gases and all hydrocarbons not defined in this section as oil.


“Local government” means, except with regard to section 34-60-104 (2)(a)(I), a:


Municipality or city and county within whose boundaries an oil and gas location is sited or proposed to be sited; or


County, if an oil and gas location is sited or proposed to be sited within the boundaries of the county but is not located within a municipality or city and county.


“Minimize adverse impacts” means, to the extent necessary and reasonable to protect public health, safety, and welfare, the environment, and wildlife resources, to:


Avoid adverse impacts from oil and gas operations; and


Minimize and mitigate the extent and severity of those impacts that cannot be avoided.


“Oil” means crude petroleum oil and any other hydrocarbons, regardless of gravities, which are produced at the well in liquid form by ordinary production methods, and which are not the result of condensation of gas before or after it leaves the reservoir.


“Oil and gas facility” means equipment or improvements used or installed at an oil and gas location for the exploration, production, withdrawal, treatment, or processing of crude oil, condensate, exploration and production waste, or gas.


“Oil and gas location” means a definable area where an oil and gas operator has disturbed or intends to disturb the land surface in order to locate an oil and gas facility.


“Oil and gas operations” means exploration for oil and gas, including the conduct of seismic operations and the drilling of test bores; the siting, drilling, deepening, recompletion, reworking, or abandonment of an oil and gas well, underground injection well, or gas storage well; production operations related to any such well including the installation of flow lines and gathering systems; the generation, transportation, storage, treatment, or disposal of exploration and production wastes; and any construction, site preparation, or reclamation activities associated with such operations.


“Operator” means any person who exercises the right to control the conduct of oil and gas operations.


“Owner” means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas he produces therefrom either for himself or others or for himself and others, including the owner of a well capable of producing oil or gas, or both.


“Parks and wildlife commission” means the parks and wildlife commission created in section 33-9-101, C.R.S.


“Permit” means any permit, sundry notice, notice of intention, or other approval, including any conditions of approval, which is granted, issued, or approved by the commission.


“Person” means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind, and includes any department, agency, or instrumentality of the state or any governmental subdivision thereof.


“Pool” means an underground reservoir containing a common accumulation of oil or gas, or both. Each zone of a general structure, which zone is completely separated from any other zone in the structure, is covered by the word “pool” as used in this article.


“Producer” means the owner of a well capable of producing oil or gas, or both.


“Surface owner” means any person owning all or part of the surface of land upon which oil and gas operations are conducted, as shown by the tax records of the county in which the tract of land is situated, or any person with such rights under a recorded contract to purchase.


“Underground natural gas storage cavern” means a facility that stored natural gas in an underground cavern or abandoned mine on or before January 1, 2000. An underground natural gas storage cavern includes all surface or subsurface rights and appurtenances associated with the underground injection, storage, and withdrawal of natural gas, but does not include any compressor stations or pipeline facilities subject to regulation by the public utilities commission or the United States department of transportation.


“Waste”, as applied to gas:


Includes the escape, blowing, or releasing, directly or indirectly into the open air, of gas from wells productive of gas only, or gas in an excessive or unreasonable amount from wells producing oil or both oil and gas; and the production of gas in quantities or in such manner as unreasonably reduces reservoir pressure or, subject to subsection (11)(b) of this section, unreasonably diminishes the quantity of oil or gas that ultimately may be produced; excepting gas that is reasonably necessary in the drilling, completing, testing, and in furnishing power for the production of wells; and


Does not include the nonproduction of gas from a formation if necessary to protect public health, safety, and welfare, the environment, or wildlife resources as determined by the commission.


“Waste”, as applied to oil:


Includes underground waste; inefficient, excessive, or improper use or dissipation of reservoir energy, including gas energy and water drive; surface waste; open-pit storage; and waste incident to the production of oil in excess of the producer’s aboveground storage facilities and lease and contractual requirements, but excluding storage, other than open-pit storage, reasonably necessary for building up or maintaining crude stocks and products of crude stocks for consumption, use, and sale; and


Does not include the nonproduction of oil from a formation if necessary to protect public health, safety, and welfare, the environment, or wildlife resources as determined by the commission.


“Waste”, in addition to the meanings as set forth in subsections (11) and (12) of this section:


Means, subject to subsection (13)(b) of this section:


Physical waste, as that term is generally understood in the oil and gas industry;


The locating, spacing, drilling, equipping, operating, or producing of any oil or gas well or wells in a manner that causes or tends to cause reduction in quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations or that causes or tends to cause unnecessary or excessive surface loss or destruction of oil or gas; and


Abuse of the correlative rights of any owner in a pool due to nonuniform, disproportionate, unratable, or excessive withdrawals of oil or gas from the pool, causing reasonably avoidable drainage between tracts of land or resulting in one or more producers or owners in the pool producing more than an equitable share of the oil or gas from the pool; and


Does not include the nonproduction of oil or gas from a formation if necessary to protect public health, safety, and welfare, the environment, or wildlife resources as determined by the commission.




“Wildlife resources” means fish, wildlife, and their aquatic and terrestrial habitats.

Source: Section 34-60-103 — Definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-34.­pdf (accessed Oct. 20, 2023).

Short title
Legislative declaration
Energy and carbon management commission - report - publication
Director of commission - duties
Powers of commission
Additional powers of commission - rules - definitions - repeal
Waste of oil or gas prohibited
Rules - hearings - process
Commission may bring suit
Witnesses - suits for violations
Judicial review
Plaintiff post bond
Trial to be advanced
Action for damages
Limitation on actions
Drilling units - pooling interests
Prevention of waste - protection of correlative rights
Agreements for development and unit operations
Payment of proceeds - definitions
Production - limitation
Application of article
Violations - investigations - penalties - rules - definition - legislative declaration
Expenses - energy and carbon management cash fund created
Interstate compact to conserve oil and gas
Energy and carbon management cash fund - definitions - repeal
Reasonable accommodation
Habitat stewardship - rules
Reporting of spills - rules
No land use preemption
Disclosure of chemicals used in downhole oil and gas operations - chemical disclosure lists - community notification - reports - definitions - rules - repeal
Orphaned wells mitigation enterprise - creation - powers and duties - enterprise board created - mitigation fees - cash fund created - rules - definitions
Reporting of water used in oil and gas operations - cumulative reporting - definitions - rules - repeal
Colorado produced water consortium - created - membership - recommendations - definitions - review of functions - repeal
Biochar in oil and gas well plugging working advisory group - created - members - study by Colorado state university - recommendations for the development of a pilot program - report - definitions - repeal
Hydrogen study - report - repeal
Pipeline study - report - repeal
Methane seepage in Raton basin - study of best management practices and water quality required - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 34-60-103’s source at colorado​.gov