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House Bill 1161 - The Land and Water Stewardship Act (and related rulemaking)

Updated November 23, 2010

 

 

Rulemaking page of the Colorado Division of Reclamation, Mining & Safety

 

MINERAL RULES AND REGULATIONS OF THE COLORADO MINED LAND RECLAMATION BOARD FOR HARD ROCK, METAL, AND DESIGNATED MINING OPERATIONS - Effective September 30, 2010(PDF 1,350 KB, 205 pages)  The amendments to the rules governing uranium mining and mineral prospecting that were adopted August 12, 2010 have been incorporated into this document.

 

Email from Irene Stanton, Colorado Division of Reclamation, Mining & Safety, announcing that the new uranium mining and mineral prospecting rules will become effective September 30, 2010, giving a brief overview of the new rules, and discussing the availability of new Division forms resulting from the rule changes - September 29, 2010 (PDF 34 KB, 1 page)  Starting Thursday, September 30, Powertech must comply with the new rules.  On August 6, Powertech CEO Dick Clement wrote that the new rules "would be fatal to any serious potential in-situ recovery project."  After the rules were adopted, Clement backpedaled on his earlier statement.

 

RULEMAKING OVERVIEW - Colorado Mined Land Reclamation Board Division of Reclamation, Mining and Safety - Released September 29, 2010 (PDF 167 KB, 2 pages)  This overview contains a brief summary of provisions relating to HB 08-1161, SB 08-228, and two other minor bills.

 

Amended Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal and Designated Mining Operations, 2 CCR 407-1. Adopted August 12, 2010, Effective September 30, 2010  (PDF 629 KB, 96 pages)

 

(REDLINE) - New Rules and Amendments to the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal and Designated Mining Operations, 2 CCR 407-1. Adopted August 12, 2010, Effective September 30, 2010  (PDF 418 KB, 71 pages)

 

"Colorado mining board updates uranium prospecting rules; Can Powertech live with them?" by Dan Yurman - Idaho Samizdat: Nuke Notes - September 3, 2010 (PDF 88 KB, 2 pages)  Powertech continues to flip-flop on its reaction to the new Colorado rules for in-situ leach uranium mining.  In this article, CEO Clement says the company can "achieve what the board wants", referring to the Mined Land Reclamation Board's  unanimous vote approving the new rules.  Then he criticizes the rules, asserting they can be interpreted "to the point where you can't accomplish the goals in the regulations" before starting operations.  (The article describes the proposed mine location as 15 miles east of Fort Collins.  The southern end of the mining area would actually be about seven miles from the city limits of Fort Collins.)

 

OPINION OF THE ATTORNEY GENERAL RENDERED IN CONNECTION WITH THE RULES ADOPTED BY THE Colorado Mined Land Reclamation Board ON 08/12/2010 - John W. Suthers, Attorney General of Colorado - August 31, 2010  (PDF 20 KB, 1 page)

 

"Rules for uranium mining may take effect next month" by Steve Porter - Northern Colorado Business Report - August 27, 2010 (PDF 19 KB, 2 pages)

"Colo. adopts strict regulations on in-situ uranium operations" by Eryn Gable - Land Letter, Environment and Energy Publishing, LLC - August 19, 2010 (PDF 16 KB, 4 pages)  Quote from Jeff Parsons, attorney for the Western Mining Action Project: "We've experienced the legacy of the impacts from prior uranium mining, so it's ridiculous to think we could permit them again in the same manner with no greater protections than what caused the problems in the first place."  Quote from Dianna Orff, attorney for the Colorado Mining Association: (The rules) "are pretty discouraging for anyone looking at investing in a potential mineral operation in Colorado."

 

"Board OKs oversight of in situ mining; Rules require 'baseline' water quality tests and allow appeals" - By Bobby Magill, Fort Collins Coloradoan - August 13, 2010

 

"State board unanimously adopts uranium mining reforms" by David O. Williams - Colorado Independent - August 13, 2010 (PDF 9 KB, 1 page)

 

Details of Rulemaking - Tracking Number 2010-00032 - Colorado Secretary of State

 

Rulemaking Process: Deadlines and Timelines - Colorado Secretary of State

Rulemaking Update, August 25, 2010 - The process in Colorado for promulgation of permanent rules is shown in the flowchart above.  The final uranium rules were adopted by the Mined Land Reclamation Board on August 12.  The Attorney General must issue an opinion and then the rules must be filed with the Secretary of State (SOS) and the Office of Legislative Legal Services by September 1.  The SOS must publish the rules in the Colorado Register by September 10.  The rules become effective on September 30 (twenty days after publication) and are published in the Code of Colorado Regulations.

 

Summary of minutes - Colorado Mined Land Reclamation Board - August 12, 2010 (PDF 9 KB, 1 page)

 

News release - "State mining board finalizes uranium, prospecting rules; Rulemaking establishes strong groundwater protections for in-situ mining" - Colorado Division of Reclamation, Mining & Safety - August 12, 2010 (PDF 115 KB, 2 pages)

 

"Tighter Colorado mining rules will be 'fatal' to uranium mining, company says" - By Cathy Proctor, Denver Business Journal - August 12, 2010

 

"Powertech urges rejection of water testing rule" by Bobby Magill - Fort Collins Coloradoan - August 12, 2010 (PDF 9 KB, 1 page)

 

Powertech's response to proposed prospecting rules regarding notice to local governments and collection of baseline water quality information - August 6, 2010 (PDF 239 KB, 6 pages)

 

"Fort Collins reps seek to strengthen uranium mining rules" by Bobby Magill - Fort Collins Coloradoan - August 1, 2010 (PDF 9 KB, 1 page)

 

First Order Regarding Receipt of Oral Public Comment by Non-Parties - In the Matter of Proposed Changes to the Rules and Regulations of the Mined Land Reclamation Board - February 10, 2010 (PDF 331 KB, 2 pages)

 

"Colo. proposed rules on uranium mining go public " by Monte Whaley, Denver Post - February 1, 2010

 

"Public input on uranium set; Hearing scheduled for Powertech mine proposal" - Bobby Magill, Fort Collins Coloradoan - January 29, 2010 (PDF 21 KB, 2 pages)

 

News Release - "Mining Board schedules uranium rulemaking; Deadlines for written comments, requests for party status announced" - Colorado Division of Reclamation, Mining and Safety - January 28, 2010 (PDF 55 KB, 2 pages)

 

NOTICE OF PUBLIC RULEMAKING HEARING BEFORE THE COLORADO MINED LAND RECLAMATION BOARD - January 26, 2010 (PDF 108 KB, 7 pages)

 

New Rules and Amendments Proposed by the Division of Reclamation, Mining and Safety to the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal and Designated Mining Operations, 2 CCR 407-1 - January 26, 2010 (PDF 477 KB, 70 pages)

 

Proposed Statement of Basis, Specific Statutory Authority, and Purpose for New Rules and Amendments Proposed by the Division of Reclamation, Mining and Safety to the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal and Designated Mining Operations, 2 CCR 407-1 - January 26, 2010 (PDF 217 KB, 32 pages)

 

"Powertech rule process expected next week" - Bobby Magill, Fort Collins Coloradoan - January 8, 2010 (PDF 31 KB, 1 page)

 

Draft Set of Proposed New Rules and Revisions to Hard Rock Rules (implementing House Bill 08-1161 and Senate Bill 08-228) - Colorado Division of Reclamation, Mining & Safety - October 20, 2009 (PDF 512 KB)

 

Proposed amendments to the Colorado Mineral Rules and Regulations for Hard Rock, Metal, and Designated Mining Operations (rulemaking to implement House Bill 08-1161, Senate Bill 08-228, and Senate Bill 08-169) - Colorado Division of Reclamation, Mining and Safety - May 22, 2009 (PDF 397 KB)  Note: This is the first publicly-released draft of proposed rules to implement HB-1161.  It was developed by DRMS staff as well as attorneys from the Colorado Attorney General's office.  For more information on the rulemaking process, go to the DRMS' rulemaking page.

 

Responses by the Colorado Division of Reclamation, Mining and Safety to questions from the Colorado Mining Association about upcoming rulemaking on uranium mining legislation, including House Bill 1161 - May 2009 (PDF 85 KB)  Note: The first stakeholder meeting for this rulemaking process will be held on May 27 in Denver.  The DRMS plans to hold a series of stakeholder meetings over the next 3-6 months prior to the formal rulemaking process.  The formal process includes the submittal and review of written comments, a rulemaking hearing, and amendments and a final vote by the Mined Land Reclamation Board.  It seems unlikely that Powertech would submit a permit application with the DRMS prior to final adoption of proposed regulations by the MLRB, which may not occur until the end of 2009 or later.

 

Anticipated Schedule - Stakeholder Meetings and Formal Rulemaking Hearing Before the Mined Land Reclamation Board - Colorado Division of Reclamation, Mining & Safety - March 24, 2009  (PDF 2,134 KB)  Note: The DRMS is finally ready to conduct a rulemaking process on House Bill 08-1161, the bill amending the Mined Land Reclamation Act that was drafted and pushed by northern Colorado residents and legislators in response to Powertech's proposed Centennial Project.  The bill is intended to protect groundwater aquifers by placing new restrictions on in-situ leach uranium mining.  Powertech opposed the bill.  The rulemaking process will also include two related bills: SB 08-228 and SB 08-169.

 

Full text of HB-1161 - May 2, 2008

 

Advocates aglow over new uranium mining regulations - Dan MacArthur 

North Forty News - June 2008

 

Uranium measure signed into law - Jason Kosena 

Fort Collins Coloradoan - May 21, 2008 

 

Ritter signs uranium water protection bill - Staff 

Northern Colorado Business Report - May 21, 2008

 

Governor signs water-protection bill - Rebecca Boyle 

Greeley Tribune - May 21, 2008 

 

Mining bill will protect water - Pamela Dickman 

Loveland Daily Reporter-Herald - May 21, 2008

 

HOUSE BILL 1161 IS LAW - Governor Bill Ritter signs bill at Capitol ceremony; Governor and legislators praise grassroots campaign by CARD and bipartisan efforts to pass bill; legislation touted as model for other states - Posted May 20, 2008 

 

Bill that toughens water-quality standards awaits governor's signature - Jakob Rodgers 
Greeley Tribune - May 20, 2008

 

GOVERNOR RITTER TO SIGN HB-1161 ON TUESDAY - Bill to become Colorado law May 20 - Next step: rulemaking process to draft detailed regulations - Posted May 15, 2008, Updated May 16, 2008 

 

Local lawmakers bring better approach to Capitol - Editorial Board

Fort Collins Coloradoan - May 11, 2008 

 

Mining bills ready for governor's signature - Staff 

Northern Colorado Business Report - May 6, 2008

 

Uranium mining bill goes to governor - Pamela Dickman 
Loveland Reporter-Herald - May 6, 2008

 

Uranium mining bill heads to Ritter - Debbie Bell 
Caņon City Daily Record - May 6, 2008

 

SUCCESS! - HB-1161 wins final legislative approval and is sent to Governor Ritter; House approves Senate amendments and reaffirms bill - Posted May 5, 2008  

 

Uranium bills on the way to Ritter - Rebecca Boyle 

Fort Collins Now - May 5, 2008

 

Uranium bill heads to Gov. Ritter - Jason Kosena 

Fort Collins Coloradoan - May 5, 2008

 

New uranium mining laws on governor's desk - Staff 

Loveland Reporter-Herald - May 5, 2008

 

Audio of House proceedings - May 5, 2008 

 

Uranium bill passes Senate on Third Reading - Jason Kosena
Fort Collins Coloradoan - May 2, 2008 

 

Audio of Senate proceedings - May 2, 2008 

 

Uranium mining law makes progress - Jason Kosena

Fort Collins Coloradoan - May 1, 2008 

 

HB-1161 APPROVED BY SENATE ON SECOND READING - Senator Steve Johnson stands tall against efforts by Senators Wiens and Renfroe to gut bill; weakening amendments soundly rejected - Posted April 30, 2008, Updated May 1, 2008 

 

Audio of Senate proceedings - April 30, 2008 

 

IT'S UNANIMOUS!  Appropriations Committee approves HB-1161 on 10-0 vote;  Land and Water Stewardship Act sent to full Senate -

Posted April 25, 2008, Updated April 26, 2008 

 

HB1161_C.002 - SENATE COMMITTEE OF REFERENCE REPORT - Committee on Local Government - April 17, 2008

 

Audio file of Senate Appropriations Committee hearing on HB-1161 - April 25, 2008 - Denver, Colorado

 

HB-1161 Re-engrossed - This Version Includes All Amendments Adopted on Second Reading in the House

March 31, 2008 (pdf)

 

ACTION ALERT:  Senate Appropriations Committee to hear HB-1161 on Friday - Emails and phone calls needed to ensure passage -

Posted April 23, 2008 

 

Senate Local Government Committee unanimously approves HB-1611 - Bill shepherded through committee by Democrat Bob Bacon and Republican Steve Johnson; Powertech brings out big guns to no avail - Posted April 17, 2008, Updated April 18, 2008 

 

State Senate panel OKs measure tightening uranium mine rules - Jason Kosena

Fort Collins Coloradoan - April 18, 2008 

 

News Release - "Uranium pollution bill right for Colorado"

Environment Colorado - April 17, 2008 

 

WELLINGTON TRUSTEES VOTE 7-0 TO OPPOSE URANIUM MINING PLAN - Companion resolution passed to support HB-1161; Congresswoman Musgrave sends letter to trustees urging careful examination of project's impacts on residents; Powertech a no show

Posted April 8, 2008, updated April 14, 2008 

 

Uranium Support Moves Above Ground - Joshua Zaffos

Rocky Mountain Chronicle - April 3, 2008 

 

Uranium bill passes state House, heads to Senate - Staff Reports

Greeley Tribune - April 1, 2008 

 

New Rules for Uranium Mines Would Be Retroactive - K.C. Mason

Telluride Watch - March 31, 2008 

 

HB-1161 passes second reading in Colorado House of Representatives - Powertech CEO Richard Clement declares support for ground water protection but objects to "burdens" imposed by bill - Posted March 29, 2008

 

Uranium mining bill likely to move to Senate - Rebecca Boyle

Greeley Tribune - March 30, 2008 

 

Uranium bill gets initial OK -

 

Uranium Mining Bill Passes First Test - Rebecca Boyle

Fort Collins Now - March 28, 2008 

 

Summarized History for Bill Number HB08-1161 - Colorado General Assembly 

 

Uranium Mining Bill Likely To Move to Senate - Kefalas, Fischer confident their bill will pass; Ritter says he supports it - Rebecca Boyle

Fort Collins Now - March 26, 2008  

 

New, improved uranium mining - Denver Post Editorial Board

Denver Post - March 20, 2008 

 

HB-1161 sails through House Appropriations Committee on 10-2 vote - Ground water protection bill sent to full House - Posted March 14, 2008

 

Uranium-accountability bill keeps moving at Capitol - Joshua Zaffos

Rocky Mountain Chronicle - March 14, 2008

 

Colorado Legislative Council releases report on fiscal impact of HB-1161 - Cost of implementing ground water protection bill estimated at less than $30,000 per year - Posted March 10, 2008

 

HB08-1161 - State Revised Fiscal Impact

Colorado Legislative Council - March 10, 2008 (pdf)

 

Fort Collins Coloradoan supports HB-1161 - Editorial board endorses provisions to protect water quality - Posted February 22, 2008

 

House commitee passes stricter rules for uranium mines - Jason Kosena

Fort Collins Coloradoan - February 21, 2008

 

Legislation aimed at addressing uranium mining in Colorado moves ahead

Greeley Tribune - February 21, 200

 

HB-1161 passes out of ag committee on 11-2 vote - Amended groundwater protection bill moves on to appropriations committee - Posted February 21, 2008

 

Greeley Tribune endorses HB-1161 and HB-1165 - Newspaper cites Summitville Superfund site and groundwater contamination in Texas - Posted February 15, 2008

 

Rocky Mountain Farmers Union supports HB-1161 

http://www.rmfu.org/2008/01/28/hb-1161-stengthineing-mining-reclamation-standards/

 

 

 

RELATED MATERIAL:

 

How a Bill Becomes Colorado Law

Office of Legislative Legal Services, Colorado General Assembly - October 2001 (pdf) 

 

Colorado General Assembly website

http://www.leg.state.co.us/

 

Colorado Legislative Council - The Legislative Process

 

Colorado Legislative Council - Glossary

 

ARTICLE 34 MINERAL RESOURCES - ARTICLE 32 Colorado Mined Land Reclamation Act

 

Colorado State House and Senate Maps