C.R.S. Section 34-60-127
Reasonable accommodation

(1)

Intentionally left blank —Ed.

(a)

An operator shall conduct oil and gas operations in a manner that accommodates the surface owner by minimizing intrusion upon and damage to the surface of the land.

(b)

As used in this section, “minimizing intrusion upon and damage to the surface” means selecting alternative locations for wells, roads, pipelines, or production facilities, or employing alternative means of operation, that prevent, reduce, or mitigate the impacts of the oil and gas operations on the surface, where such alternatives are technologically sound, economically practicable, and reasonably available to the operator.

(c)

The standard of conduct set forth in this section shall not be construed to prevent an operator from entering upon and using that amount of the surface as is reasonable and necessary to explore for, develop, and produce oil and gas.

(d)

The standard of conduct set forth in this section shall not be construed to abrogate or impair a contractual provision binding on the parties that expressly provides for the use of the surface for the conduct of oil and gas operations or that releases the operator from liability for the use of the surface.

(2)

An operator’s failure to meet the requirements set forth in this section shall give rise to a cause of action by the surface owner. Upon a determination by the trier of fact that such failure has occurred, a surface owner may seek compensatory damages or such equitable relief as is consistent with subsection (1) of this section.

(3)

Intentionally left blank —Ed.

(a)

In any litigation or arbitration based upon this section, the surface owner shall present evidence that the operator’s use of the surface materially interfered with the surface owner’s use of the surface of the land. After such showing, the operator shall bear the burden of proof of showing that it met the standard set out in subsection (1) of this section. If an operator makes that showing, the surface owner may present rebuttal evidence.

(b)

An operator may assert, as an affirmative defense, that it has conducted oil and gas operations in accordance with a regulatory requirement, contractual obligation, or land use plan provision, that is specifically applicable to the alleged intrusion or damage.

(4)

Nothing in this section shall:

(a)

Preclude or impair any person from obtaining any and all other remedies allowed by law;

(b)

Prevent an operator and a surface owner from addressing the use of the surface for oil and gas operations in a lease, surface use agreement, or other written contract; or

(c)

Establish, alter, impair, or negate the authority of local and county governments to regulate land use related to oil and gas operations.

Source: Section 34-60-127 — Reasonable accommodation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-34.­pdf (accessed Oct. 20, 2023).

34‑60‑101
Short title 34‑60‑102
Legislative declaration 34‑60‑103
Definitions 34‑60‑104.3
Energy and carbon management commission - report - publication 34‑60‑104.5
Director of commission - duties 34‑60‑105
Powers of commission 34‑60‑106
Additional powers of commission - rules - definitions - repeal 34‑60‑107
Waste of oil or gas prohibited 34‑60‑108
Rules - hearings - process 34‑60‑109
Commission may bring suit 34‑60‑110
Witnesses - suits for violations 34‑60‑111
Judicial review 34‑60‑112
Plaintiff post bond 34‑60‑113
Trial to be advanced 34‑60‑114
Action for damages 34‑60‑115
Limitation on actions 34‑60‑116
Drilling units - pooling interests 34‑60‑117
Prevention of waste - protection of correlative rights 34‑60‑118
Agreements for development and unit operations 34‑60‑118.5
Payment of proceeds - definitions 34‑60‑119
Production - limitation 34‑60‑120
Application of article 34‑60‑121
Violations - investigations - penalties - rules - definition - legislative declaration 34‑60‑122
Expenses - energy and carbon management cash fund created 34‑60‑123
Interstate compact to conserve oil and gas 34‑60‑124
Energy and carbon management cash fund - definitions - repeal 34‑60‑127
Reasonable accommodation 34‑60‑128
Habitat stewardship - rules 34‑60‑130
Reporting of spills - rules 34‑60‑131
No land use preemption 34‑60‑132
Disclosure of chemicals used in downhole oil and gas operations - chemical disclosure lists - community notification - reports - definitions - rules - repeal 34‑60‑133
Orphaned wells mitigation enterprise - creation - powers and duties - enterprise board created - mitigation fees - cash fund created - rules - definitions 34‑60‑134
Reporting of water used in oil and gas operations - cumulative reporting - definitions - rules - repeal 34‑60‑135
Colorado produced water consortium - created - membership - recommendations - definitions - review of functions - repeal 34‑60‑136
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 34‑60‑137
Hydrogen study - report - repeal 34‑60‑138
Pipeline study - report - repeal 34‑60‑139
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

§ 34-60-127’s source at colorado​.gov