Colorado § 36-1-140 - Mineral locations - posting - lease.

§ 36-1-140. Mineral locations - posting - lease.

Location of mineral claims, other than claims for coal and oil shale, may be made upon unleased mineral lands belonging to the state. The discoverer of a body of mineral in either a lead, lode, ledge, deposit, vein, or contact shall immediately post conspicuously a notice declaring that he has made such a discovery on the date attached to the notice. Within ten days after posting said notice, the discoverer must notify the state board of land commissioners of said discovery and arrange for a permit to explore the extent of the discovery. Within sixty days from date of discovery, the locator shall be required to take a lease upon such terms as may be agreed upon by the state board of land commissioners or apply for an extension of the permit.

Source: L. 19: p. 655, § 33. C.L. § 1186. CSA: C. 134, § 85. CRS 53: § 112-3-41. L. 55: p. 684, § 1. C.R.S. 1963: § 112-3-41. L. 80: Entire section amended, p. 694, § 1, effective April 13.

Cross references: For lode claims, see article 43 of title 34.

ANNOTATION

Law reviews. For article, "Highlights of the 1955 Colorado Legislative Session — Mining", see 28 Rocky Mt. L. Rev. 56 (1955). For comment on Dallas v. Fitzsimmons (cited below), see 35 Dicta 208 (1958).

Mineral location statutes should, as between conflicting claimants to mineral lands, be liberally construed so as to protect bona fide locators, with due regard for a fair application of the statutory requirements. Dallas v. Fitzsimmons, 137 Colo. 196, 323 P.2d 274 (1958).

Until the secretary of the interior makes the discretionary decision to classify lands selected by the state as indemnity land in lieu of designated school lands, the state has only an incipient prospect of future ownership of the selected lands, and these properties cannot be considered lands belonging to the state. Occidental Oil Shale v. St. Bd. of Land Comm'rs, 692 P.2d 321 (Colo. 1984).

This section cannot retroactively affect prior vested rights. Dallas v. Fitzsimmons, 137 Colo. 196, 323 P.2d 274 (1958).

The leasing powers of the board under § 36-1-113 are subject to the implied limitation that it cannot lease state land already properly in the physical possession of others under the mining laws. Dallas v. Fitzsimmons, 137 Colo. 196, 323 P.2d 274 (1958).

Where mineral lode locations are made on state lands in compliance with the state laws relating to discovery, posting, notice, and other applicable provisions, such claims take priority over a subsequent mineral lease issued by a duly authorized state leasing agency. Dallas v. Fitzsimmons, 137 Colo. 196, 323 P.2d 274 (1958).

Mineral, in the statutory discovery sense, means valuable rock in place subject of definable boundaries. Dallas v. Fitzsimmons, 137 Colo. 196, 323 P.2d 274 (1958).

The finding of the mineral in the rock in place, as distinguished from float rock, constitutes a discovery, and warrants a prospector in making a location of a mining claim. Dallas v. Fitzsimmons, 137 Colo. 196, 323 P.2d 274 (1958).

Discovery is a question of fact. Whether a vein or lode has been discovered or exists within the limits of a location and whether continuity of ore and mineral matter constituting the length, width, and extent of a particular vein or lode is sufficiently shown is always a question of fact to be determined by a court or jury. Dallas v. Fitzsimmons, 137 Colo. 196, 323 P.2d 274 (1958).

Radiometric evidence coupled with other evidence may constitute discovery. Although technical prospecting methods, such as the use of counters and scintillators, are only exploration tools and not complete exploration and discovery systems, radiometric results coupled with other evidence, such as the assay and type of rock in place, show an overall fair compliance with the statute requiring discovery. Dallas v. Fitzsimmons, 137 Colo. 196, 323 P.2d 274 (1958).

Discovery must be within the limits of the claim located. K.C.R. Res. v. State Bd. of Land Comm'rs, 691 P.2d 330 (Colo. 1984) (decided under law in effect prior to 1980 amendment).

Discovery may be shown to extend to adjacent claimed locations. Where competent radiometric reactions, supported by chemical assays as to part of the claimed locations, clearly show the presence of uranium on adjacent claimed locations, showing the same or similar radiometric readings, the latter are valid discoveries under the statute as much so as are outcrops visible to the naked eye. Dallas v. Fitzsimmons, 137 Colo. 196, 323 P.2d 274 (1958).