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F <br />TITLE 34 <br />MINERAL RESOURCES <br />ARTICLE 32.5 <br />Colorado Land Reclamation Act for the <br />Extraction of Construction Materials <br />34-32.5-101. Short title. This article shall be known and may be cited as the <br />"Colorado Land Reclamation Act for the Extraction of Construction Materials". <br />34-32.5-102. Legislative declaration. (1) The general assembly hereby declares that <br />the extraction of construction materials for government and private enterprise and the <br />reclamation of land affected by such extraction are necessary and proper activities that are <br />compatible. It is the intent of the general assembly to foster and encourage the development <br />of an economically sound and stable extraction materials industry and to encourage the <br />orderly development of the state's natural resources while requiring those persons involved <br />in extraction operations to reclaim land affected so that it may be put: to a use beneficial to <br />the people of this state. It is the further intent of the general assembly to conserve natural <br />resources, aid in the protection of wildlife and aquatic resources, establish agricultural, <br />recreational, residential, and industrial sites, and protect and promote the health, safety, and <br />general welfare of the people of this state. <br />(2) The general assembly further declares that a reclamation regulatory program shall <br />be developed under which the economic costs of reclamation measures shall bear a <br />reasonable relationship to the environmental benefits derived from such measures. When <br />considering the requirements of reclamation measures, the mined land reclamation board or <br />the office of mined land reclamation shall determine the economic reasonableness of the <br />action by evaluating the benefits expected to result from the use of such measures. When <br />considering economic reasonableness, the financial condition of an operator shall not be a <br />factor. <br />(3) The general assembly further finds and declares that: <br />(a) It is the policy of this state to recognize that extraction operations are conducted <br />by both government and private entities; <br />(b) All residents of this state benefit from the reclamation of land; <br />(c) The funding needed to ensure that reclamation is achieved should be borne <br />equitably by the public and private sectors; <br />(d) The funding for enforcement and other activities conducted for the benefit of the <br />general public should be supported by the general fund; and <br />(e) It is the policy of this state to allocate resources adequate to accomplish the <br />purposes of this article. <br />34-32.5-103. Definitions. As used in this article, unless the context otherwise <br />requires: <br />(1) "Affected land" means the surface of an area within the state where a mining