2021 Colorado Code
Title 24 - Government - State
Article 65.5 - Notification of Surface Development
§ 24-65.5-103.3. Local Government Approval

1. A local government shall, as a condition of final approval of an application for development, require the applicant to certify:
   1. That notice has been provided to mineral estate owners pursuant to section 24-65.5-103; and
   2. With respect to qualifying surface developments, that either:
      1. No mineral estate owner has entered an appearance or filed an objection to the proposed application for development within thirty days after the initial public hearing on the application;
      2. The applicant and any mineral estate owners who have filed an objection to the proposed application for development or have otherwise filed an entry of appearance in the initial public hearing regarding such application no later than thirty days following the initial public hearing on the application have executed a surface use agreement related to the property included in the application for development, the provisions of which have been incorporated into the application for development or are evidenced by a memorandum or otherwise recorded in the records of the clerk and recorder of the county in which the property is located so as to provide notice to transferees of the applicant, who shall be bound by such surface use agreements; or
      3. The application for development provides:

2. A local government approval of an application for development without the certification required by subsection (1) of this section when a mineral owner has timely entered an appearance or filed an objection shall be suspended and shall not constitute a valid final approval until the required certification is provided, any required local government proceedings following notice to affected mineral estate owners are held, and the local government approval is confirmed, amended, or revoked in response to the certification.
   1. A two-hundred-fifty-foot radius around one of the existing wells located in each of three separate drilling windows;
   2. A two-hundred-foot radius around any other existing wells;
   3. A two-hundred-foot perimeter around tanks; and
   4. An adequate right-of-way or easement for existing and future flowlines and pipelines and a nonexclusive right-of-way for roads reasonably necessary to access the wells and operations located within such areas; or

   1. A six-hundred-foot by six-hundred-foot area, referred to in this paragraph (a) as the six-hundred-foot window, the center of which shall be located no further than two hundred feet from the center of the governmental quarter section. The six-hundred-foot window shall establish a setback from wells and tanks not to exceed two hundred feet from any occupied structure, one-hundred-fifty feet of such setback to be located inside the boundary of the oil and gas operations area and fifty feet to be located outside the boundary of the oil and gas operations area.
   2. A two-hundred-foot radius around any existing wells located outside of the six-hundred-foot window;
   3. A two-hundred-foot perimeter around tanks; and
   4. An adequate right-of-way or easement for existing and future flowlines and pipelines and roads reasonably necessary to access the wells and operations located within such areas.

Source: L. 2007: Entire section added, p. 2115, § 4, effective August 3.