Oil Wells and Boreholes

C.R.S. tit. 34, art. 61

in effect

C.R.S. § 34-61-101 Boreholes penetrating coal seams

34-61-101. Boreholes penetrating coal seams. It is the duty of the owner, or person in charge of any borehole that penetrates any workable coal seam or any accessible or inaccessible coal mine excavation, to notify the energy and carbon management commission created in section 34-60-104.3 (1) of the location of the borehole by designating the particular five-acre subdivision of the land section on which the borehole is situated, and the depth and thickness of every workable coal seam or accessible or inaccessible coal mine excavation penetrated by the borehole. On receipt of such notification, the energy and carbon management commission shall at once notify the coal mining regulatory authority.

C.R.S. § 34-61-102 Location of borehole restricted

34-61-102. Location of borehole restricted. No borehole penetrating a gas-bearing or oil-bearing formation shall be located within two hundred feet of a shaft or entrance to a coal mine not definitely abandoned or sealed. No such borehole shall be located within one hundred feet of any mine shaft house, mine boiler house, mine engine house, or mine fan. The location of any proposed borehole must insure that when drilled it will be at least fifteen feet from any mine haulage or airway.

C.R.S. § 34-61-103 Casing of borehole penetrating coal

34-61-103. Casing of borehole penetrating coal. Any borehole penetrating any workable seam of coal shall be cased by the owner of such borehole with a suitable casing, conductor, or drive pipe, so as to shut off all surface water from entering said workable coal seam.

C.R.S. § 34-61-104 Oil or gas entering coal seams

34-61-104. Oil or gas entering coal seams. When boreholes for gas or oil are drilled in the coal measures and pass through workable seams, if gas or oil is encountered in such borehole, the coal seams or worked out coal seams shall be sufficiently protected by casing so that the gas or oil shall not come in contact with the coal seams or enter the excavations of worked out seams. When no oil or gas is located and the borehole has been abandoned, a solid cement plug shall be placed extending from fifty feet below each coal seam to fifty feet above the top of each coal seam and at the surface to a depth of twenty feet.

C.R.S. § 34-61-105 Casing to exclude water

34-61-105. Casing to exclude water. When a water-bearing formation is encountered in the drilling of any borehole for natural gas or oil, casing shall be set upon the next formation encountered which is of such a nature that it will sustain the casing and exclude all water from the lower borehole.

C.R.S. § 34-61-106 Application of article

34-61-106. Application of article. This article shall apply only to wells or boreholes which may be drilled through workable coal seams.

C.R.S. § 34-61-107 Enforcement of law

34-61-107. Enforcement of law. It is the duty of the district attorneys in their districts, and the attorney general in cases where the district attorney refuses to act, to enforce the provisions of this article by appropriate actions in courts of competent jurisdiction.

C.R.S. § 34-61-108 Violation - penalty - disposition of fines

34-61-108. Violation - penalty - disposition of fines. Any person who violates any of the provisions of this article 61 commits a class 2 misdemeanor. In all cases where fines are collected, one-half of the amount shall be paid to the treasury department and be placed to the credit of the general fund.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-34.docxFetched: 10/6/2026