C.R.S. Section 36-1-113
Leases

  • rental
  • mineral resources lands

(1)

The state board of land commissioners may lease any portion of the land of the state at a rental to be determined by it, except as provided in sections 36-1-118, 36-1-123.5, 36-1-147, and 36-1-147.5. The lessee shall pay the annual rental to the board, who shall receipt for the same in the lease. Upon receiving such annual rental, the board shall transmit the same to the state treasurer, as provided by law, and take his or her receipt therefor. If geothermal resources or mineral resources are found upon the state land, such land may be leased for the purpose of removing such resources for such length of time and conditioned upon the payment to the board of such royalty upon the product as the board may determine.

(2)

All geothermal leases issued by the state board of land commissioners may be awarded as the result of negotiation or competitive bidding, but no such lease shall be executed until after at least thirty days’ public notice that the award of a lease is contemplated.
(3)(a)(I) As used in this subsection (3), “logical mining area” means an area of land in which metallic and industrial minerals, construction materials, or coal resources can be developed in an efficient, economical, and orderly manner as an integrated operation with due regard to conservation of such resources. A logical mining area may consist of state lands including one or more state surface or mineral leases, or both such types of leases, and may include lands owned by other persons or entities.

(II)

As used in this subsection (3), “oil and gas unit” means a federal exploratory unit pursuant to unit plan regulations under 43 CFR 3160, unit operations under section 34-60-118, C.R.S., or drilling and spacing units and pooling of interests under section 34-60-116, C.R.S. An oil and gas unit may consist of state lands including one or more state surface or mineral leases, or both such types of leases, and may include lands owned by other persons or entities.

(b)

With respect to all surface and mineral lands, or both, included in whole or in part in a logical mining area for those operations permitted under article 32, 32.5, or 33 of title 34, C.R.S., as of July 1, 1997, or, in an oil and gas unit established under applicable federal or state law as of July 1, 1997, nothing in this article shall preclude the state board of land commissioners from issuing a new lease, renewing an existing lease, or issuing a lease extension consistent with article IX of the state constitution to facilitate the complete and orderly development and reclamation of such mining operations or of such oil and gas operations.

(c)

Intentionally left blank —Ed.

(I)

When the state board of land commissioners considers whether a lease for such land included in a logical mining area or in an oil and gas unit established under applicable federal or state law as of July 1, 1997, should be issued, renewed, or extended to accomplish the orderly development and reclamation of a logical mining area or to conduct oil and gas operations, the state board of land commissioners shall specifically consider in making its findings:

(A)

Whether the benefit to the trust, including the current or proposed income produced from the mining or oil and gas operation, is outweighed by current or proposed uses other than the mining or oil and gas operation; and

(B)

Whether the mining or oil and gas operation is incompatible with current or proposed uses.

(II)

Nothing in this section shall affect the obligation of any lessee from complying with any federal, state, or local law, rule, code, or regulation.

Source: Section 36-1-113 — Leases - rental - mineral resources lands, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-36.­pdf (accessed Oct. 20, 2023).

36‑1‑100.3
Definitions
36‑1‑101
Record of proceedings
36‑1‑101.5
Appointment of members - duties
36‑1‑102
Employees - director - bonds - report
36‑1‑104
Deed - execution - copy of record
36‑1‑105
Selection and location of lands
36‑1‑107
Resolution of selection
36‑1‑107.5
Long-term stewardship trust - nomination
36‑1‑108
Appraisal - classification - plat
36‑1‑109
Reclassification
36‑1‑110
Books and plats - public records
36‑1‑112
Fees - disposition of fees
36‑1‑112.5
Fiscal impact study
36‑1‑113
Leases - rental - mineral resources lands
36‑1‑114
Adjustment of rentals
36‑1‑115
Development of oil, gas, or geothermal resource areas
36‑1‑116
Disposition of rentals, royalties, and timber sale proceeds
36‑1‑117
Leases, rentals payable in advance
36‑1‑118
Terms of leasing - renewals - sale of leased land
36‑1‑118.3
Immunity from civil liability
36‑1‑118.5
Financed purchase of an asset or certificate of participation agreements for commercial real property - state board of land commissioners financed fund - legislative declaration - definition
36‑1‑119
Purchase of improvements
36‑1‑120
Leases - lands in city limits
36‑1‑120.5
Land subject to development - leases
36‑1‑121
Trespass - penalty - bond
36‑1‑122
Platting and sale in lots and blocks
36‑1‑123.5
Sale or lease of state lands for federal military real property expansion
36‑1‑124
Sale of state lands
36‑1‑124.3
Acquisition of state trust lands by governmental entities
36‑1‑124.5
Nonsimultaneous exchanges of state trust lands - fund
36‑1‑125
Reservations of rights on sale
36‑1‑126
Delinquent payments
36‑1‑127
Forfeiture - new sale
36‑1‑128
Place of payment - venue
36‑1‑129
Bonds
36‑1‑131
State land board hearings - rules
36‑1‑132
Lands sold subject to taxation
36‑1‑133
Rebate of taxes on reverted land
36‑1‑134
Proceeds of sale - funds
36‑1‑135
Proceeds of leases - disposition
36‑1‑136
Rights-of-way granted - reversion
36‑1‑137
Sale of lands to procure irrigation
36‑1‑138
Mineral section - personnel - duties
36‑1‑140
Mineral locations - posting - lease
36‑1‑141
Exchange of lands with government
36‑1‑142
Receipts from agricultural lands
36‑1‑143
Statement to board of governors of the Colorado state university system
36‑1‑144
Agreements with general agencies
36‑1‑145
Land commissioners’ receipts - appropriation
36‑1‑147
Geothermal leases
36‑1‑147.5
Leasing arrangements for renewable energy resources development - legislative declaration - definitions
36‑1‑148
Land and water management fund
36‑1‑149
Cultivation of state land - legislative declaration
36‑1‑150
Conservation easements
36‑1‑151
Public schools - access to state lands
36‑1‑152
Public school districts - charter schools - lease, purchase, or other use of state lands
36‑1‑153
Investment and development fund
36‑1‑153.5
Annual income and inventory report
36‑1‑153.7
Commercial real property operating fund - created
36‑1‑154
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 36-1-113’s source at colorado​.gov