This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the standard lease form.
Colorado Surface - Unauthorized Use
Category:
State:
Multi-State
Control #:
US-OG-830
Format:
Word;
Rich Text
Instant download
Description
How to fill out Surface - Unauthorized Use?
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FAQ
Does the land belong to me? You own the mineral rights only, until a patent can be secured from the government. Presently, there is a moratorium on issuance of patents, however, this is subject to change in the future. You may use as much of the surface as reasonably necessary for mining your property.
Mining claims are legal entitlements allowing individuals to investigate and harvest valuable minerals like gold from public land. They grant exclusive rights to extract mineral deposit or minerals within defined boundaries to the holder.
Placer Claims - Placer claims are defined as "... including all forms of deposit, excepting veins of quartz, or other rock in-place." In other words every deposit, not located with a lode claim, should be appropriated by a placer location.
Mining claims only give you rights to the location's minerals. Surface disturbance such as construction of a building, road, fence or enclosure necessary for mining must be authorized by the BLM or Forest Service before you start constructing anything. There may be penalties for beginning work without prior approval.
Additionally, the Colorado Revised Statutes state that "it is unlawful for any person to enter upon privately owned land or lands under the control of the State Board of Land Commissioners to take 7 of 66 Page 8 any wildlife by hunting, trapping, or fishing without first obtaining permission from the owner or person in ...
Mining claims come up for renewal every year on September 1st. If you don't renew, you lose your claim. This is a hard date and there is no grace period. People die, go to war, and lose their claims for a variety of reasons.
BLM allows camping, so anyone can camp there. If its a claim on BLM land, you can camp on it, you can also make sure no one is panning/mining on it. You however do not own the surface rights to boot people off.
As an owner of an active Federal unpatented mining claim, you have exclusive rights to explore and extract the minerals within its boundary from the date you located the mining claim as long as the claim remains active. The government can examine your claim at any time to determine if you have valid existing rights.
