2021 Colorado Code
Title 34 - Mineral Resources
Article 43 - Claims - How Located
§ 34-43-108. To Hold Lode - Crosscut - Tunnel - Adit
Any open cut, crosscut, or tunnel which cuts a lode at the depth of ten feet below the surface shall hold such lode, the same as if a discovery shaft were sunk thereon, or an adit of at least ten feet in along the lode, from the point where the lode may be in any manner discovered, shall be equivalent to a discovery shaft.
History. Source: L. 1874: P. 187, § 7. G.L. § 1817. G.S. § 2403. R.S. 08: § 4199. C.L. § 3285. CSA: C. 110, § 175. CRS 53: § 92-22-8. C.R.S. 1963: § 92-22-8. History. Source: L. 1874: P. 187, § 7. G.L. § 1817. G.S. § 2403. R.S. 08: § 4199. C.L. § 3285. CSA: C. 110, § 175. CRS 53: § 92-22-8. C.R.S. 1963: § 92-22-8.
ANNOTATION
Law reviews. For article, “The Requirement for a Discovery Excavation in Colorado”, see 32 Dicta 77 (1955).
Open cut, crosscut, tunnel, and adit are each made equivalent of discovery shaft. Gray v. Truby, 6 Colo. 278 , (1882); Electro-Magnetic Mining & Dev. Co. v. Van Auken, 9 Colo. 204 , 11 P. 80 (1886); Brewster v. Shoemaker, 28 Colo. 176 , 63 P. 309 (1900).
Thus, location of valid mining claim may be leased on underground discovery of mineral where the vein has never been opened on the surface. Brewster v. Shoemaker, 28 Colo. 176 , 63 P. 309 (1900).
Adit may be either open or under cover. This section, providing that an adit of at least 10 feet, in along the lode from the point where the lode may be in any manner discovered, shall be equivalent to a discovery shaft, contemplates that as to the 10 feet required it might be either open or under cover, or open in part and under cover in part, dependent upon the nature of the ground. Electro-Magnetic Mining & Dev. Co. v. Van Auken, 9 Colo. 204 , 11 P. 80 (1886).
And there is no requirement as to depth of adit although it is expressly provided that an open cut, a crosscut, and a tunnel shall cut the lode at a depth of 10 feet below the surface. Gray v. Truby, 6 Colo. 278 (1882).
But development must always be such in its dimensions and character as to make it equivalent of discovery shaft and bring it substantially within the meaning of the term “adit”. Gray v. Truby, 6 Colo. 278 (1882).
Notwithstanding provisions of this section, location certificate must correctly describe open cut, shafts, or adit, to which it refers. Duncan v. Eagle Rock Gold Mining & Reduction Co., 48 Colo. 569 , 111 P. 588 (1910).
