Laserfiche WebLink
8. A Mining Lease and Option to Purchase dated May 8, 2002 by and between <br />Humphries Corporation and Cripple Creek & Victor Gold Mining <br />Company, a Memorandum of which is recorded as Reception No. 535831. <br /> <br />C. Interests Owned by Co-tenants. <br /> <br />Colorado has a statute granting broad rights to a co-tenant of mining property. This <br />statute specifies that any tenant in common shall have the right to “enter upon, occupy, <br />prospect, develop and work” a mine, “in a minerlike manner, extracting, milling, and <br />disposing of the ore from the common property without the consent of any nonworking <br />tenant in common, subject to accounting to the nonworking tenant in common for his <br />proportionate share of the net profits of such mining operations” C.R.S. §34-44-103. <br />Although consent of a nonworking co-tenant is not required, the working co-tenant who <br />wishes to take advantage of this statute must give prior notice to any nonworking co- <br />tenant, stating the intention to work the common mineral property. C.R.S. § 34-44-108. <br />Such notice must describe the property with certainty, and must give the name and <br />address of the working co-tenant, the general plan, the date of commencing the mining <br />operations, and the probable duration thereof, and invite the other co-tenant to join in <br />the mining operations. <br /> <br />D. Severed Mineral or Surface Estates. <br /> <br />The Colorado Supreme Court adopted a “due regard” concept which requires that <br />mineral owners and surface owners each “must have due regard for the rights of the <br />other in making use of the estate in question.” Gerrity Oil & Gas Corp. v. Magness, <br />946 P.2d 913, 927 (Colo. 1997). This concept, widely accepted in Texas and other <br />mineral producing states is also known as the “accommodation doctrine.” The doctrine <br />provides that the mineral owner must give due regard to the interests of the surface <br />owner such that mineral owners must take steps to accommodate surface uses and that <br />neither the surface or mineral owner has the right to exclude the other. <br /> <br />E. Legal Right to Enter Right-of-Way and Easement Property <br /> <br />CC&V has the right to enter Colorado State Highway Department and Teller County <br />Road and Bridge Department Rights-of-Way via permits, and any and all easements, <br />above and below ground, belonging to or granted to Black Hills Energy, CenturyLink <br />(formerly known as Qwest Communications), and Colorado Natural Gas Company. <br />N-21