Amendments for HB08-1161
 

House Journal, February 20
Amend printed bill, strike everything below the enacting clause and
28 substitute the following:
29
30 "SECTION 1. 34-32-103 (3.5) and (8), Colorado Revised
31 Statutes, are amended, and the said 34-32-103 is further amended BY
32 THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to
33 read:
34
35 34-32-103. Definitions. As used in this article, unless the context
36 otherwise requires:
37
38 (3.5) (a) "Designated mining operation" means a mining operation
39 at which:
40
41 (I) Toxic or acidic chemicals used in extractive metallurgical
42 processing are present on site; or
43
44 (II) Acid- or toxic-forming materials will be exposed or disturbed
45 as a result of mining operations; OR
46
47 (III) URANIUM IS PRODUCED OR EXTRACTED, EITHER BY IN SITU
48 LEACH MINING OR BY CONVENTIONAL UNDERGROUND OR OPEN MINING
49 TECHNIQUES. A URANIUM MINING OPERATION MAY SEEK AN EXEMPTION
50 FROM DESIGNATED MINING OPERATION STATUS IN ACCORDANCE WITH
51 SECTION 34-32-112.5 (2).
52
53 (b) The various types of designated mining operations are
54 identified in section 34-32-112.5. EXCEPT AS PROVIDED IN
55 SUBPARAGRAPH (III) OF PARAGRAPH (a) OF THIS SUBSECTION (3), such
56 mining operations exclude operations which THAT do not use toxic or
House Journal--43rd Day--February 20, 2008 Page 491
1 acidic chemicals in processing for purposes of extractive metallurgy and
which THAT will not cause acid mine drainage. 23
4 (5.7) "IN SITU LEACH MINING" MEANS IN SITU MINING FOR
5 URANIUM THROUGH THE IN-PLACE DISSOLUTION OF MINERAL COMPONENTS
6 OF AN ORE DEPOSIT BY CAUSING A CHEMICAL LEACHING SOLUTION,
7 USUALLY AQUEOUS, TO PENETRATE OR TO BE PUMPED DOWN WELLS
8 THROUGH THE ORE BODY AND THEN REMOVING THE MINERAL-CONTAINING
9 SOLUTION FOR DEVELOPMENT OR EXTRACTION OF THE MINERAL VALUES.
10
11 (5.8) "IN SITU MINING" MEANS THE IN-PLACE RECOVERY OF A
12 MINERAL BY MEANS OTHER THAN OPEN MINING OR UNDERGROUND MINING.
13
14 (8) "Mining operation" means the development or extraction of a
15 mineral from its natural occurrences on affected land. The term "MINING
16 OPERATION" includes, but is not limited to, open mining, and IN SITU
17 MINING, IN SITU LEACH MINING, surface operation OPERATIONS, and the
18 disposal of refuse from underground and in situ mining. The term
19 "MINING OPERATION" ALSO includes the following operations on affected
20 lands: Transportation; concentrating; milling; evaporation; and other
21 processing. The term "MINING OPERATION" does not include: The
22 exploration and extraction of natural petroleum in a liquid or gaseous
23 state by means of wells or pipe; the development or extraction of coal; the
24 extraction of geothermal resources; smelting, refining, cleaning,
25 preparation, transportation, and other off-site operations not conducted on
26 affected land; OR THE EXTRACTION OF CONSTRUCTION MATERIAL WHERE
27 THERE IS NO DEVELOPMENT OR EXTRACTION OF ANY MINERAL.
28
29 SECTION 2. The introductory portion to 34-32-110 (2) (a),
30 Colorado Revised Statutes, is amended to read:
31
32 34-32-110. Limited impact operations - expedited process.
33 (2) (a) Any person desiring to conduct mining operations on less than ten
34 acres, which mining operations will result in the extraction of less than
35 seventy thousand tons of mineral or overburden per calendar year, prior
36 to commencement of mining, shall file with the office, on a form
37 approved by the board, an application for a permit to conduct mining
38 operations; EXCEPT THAT APPLICATIONS FOR IN SITU LEACH MINING SHALL
39 BE FILED PURSUANT TO SECTION 34-32-112.5 (3) (d). This application
40 shall contain the following:
41
42 SECTION 3. 34-32-112 (2), Colorado Revised Statutes, is
43 amended BY THE ADDITION OF THE FOLLOWING NEW
44 PARAGRAPHS to read:
45
46 34-32-112. Application for reclamation permit - changes in
47 permits - fees - notice. (2) The application forms shall state:
48
49 (i) FOR IN SITU LEACH MINING OPERATIONS, A CERTIFICATION BY
50 THE APPLICANT THAT NO VIOLATIONS EXIST AS DESCRIBED IN SECTION
51 34-32-115 (5) (d). IF THE APPLICANT IS NOT ABLE TO SO CERTIFY, THE
52 APPLICANT SHALL DESCRIBE THE CIRCUMSTANCES AS MAY BE RELEVANT
53 TO SECTION 34-32-115 (5) (d) AND PROVIDE THE BOARD OR OFFICE ANY
54 ADDITIONAL INFORMATION REASONABLY REQUESTED REGARDING ANY
55 SUCH CIRCUMSTANCES.
56
Page 492 House Journal--43rd Day--February 20, 2008
(j) FOR IN 1 SITU LEACH MINING OPERATIONS, A DESCRIPTION OF AT
2 LEAST FIVE IN SITU LEACH MINING OPERATIONS THAT DEMONSTRATES THE
3 ABILITY OF THE APPLICANT TO CONDUCT THE PROPOSED MINING
4 OPERATION WITHOUT ANY LEAKAGE, VERTICAL OR LATERAL MIGRATION,
5 OR EXCURSION OF ANY LEACHING SOLUT IONS OR
6 GROUND-WATER-CONTAINING MINERALS, RADIONUCLIDES, OR OTHER
7 CONSTITUENTS MOBILIZED, LIBERATED, OR INTRODUCED BY THE IN SITU
8 LEACH MINING PROCESS INTO ANY GROUND WATER OUTSIDE OF THE
9 PERMITTED IN SITU LEACH MINING AREA.
10
11 SECTION 4. 34-32-112 (10) (c), Colorado Revised Statutes, is
12 amended to read:
13
14 34-32-112. Application for reclamation permit - changes in
15 permits - fees - notice. (10) (c) In addition, the applicant shall mail a
16 copy of such notice immediately after first publication to all owners of
17 record of the surface rights of the affected land, to the owners of record
18 of immediately adjacent lands, TO THE OWNERS OF RECORD OF LANDS
19 WITHIN THREE MILES OF AFFECTED LAND FOR IN SITU LEACH MINING
20 OPERATIONS, and to any other persons who are owners of record that may
21 be designated by the board that might be affected by the proposed mining
22 operation. Proof of such notice and mailing, such as certified mail with
23 return receipt requested where possible, shall be provided to the board or
24 the office and become part of the application.
25
26 SECTION 5. 34-32-112.5, Colorado Revised Statutes, is
27 amended BY THE ADDITION OF A NEW SUBSECTION to read:
28
29 34-32-112.5. Designated mining operation - rules. (5) (a) AN
30 APPLICATION FOR AN IN SITU LEACH MINING OPERATION SHALL INCLUDE
31 A PLAN FOR A BASELINE SITE CHARACTERIZATION AND ONGOING
32 MONITORING OF THE AFFECTED LAND AND AFFECTED SURFACE AND
33 GROUND WATER. THE BOARD OR THE OFFICE MAY RETAIN AN
34 INDEPENDENT THIRD-PARTY PROFESSIONAL EXPERT TO OVERSEE BASELINE
35 SITE CHARACTERIZATION, MONITOR FIELD OPERATIONS, OR REVIEW ANY
36 PORTION OF THE INFORMATION COLLECTED, DEVELOPED, OR SUBMITTED
37 BY AN APPLICANT PURSUANT TO THIS SUBSECTION (5). THE APPLICANT
38 SHALL PAY THE REASONABLE COSTS INCURRED BY THE EXPERT SELECTED
39 BY THE BOARD OR OFFICE; EXCEPT THAT THE BOARD OR OFFICE SHALL
40 DEFINE THE SCOPE OF WORK TO BE ACCOMPLISHED BY THE EXPERT AND
41 SHALL REVIEW AND APPROVE ALL INVOICES TO BE PAID BY THE APPLICANT.
42 THE APPLICANT MAY OBJECT TO THE SELECTION OF ANY SUCH EXPERT IF
43 THE APPLICANT HAS KNOWLEDGE OR INFORMATION THAT THE EXPERT
44 LACKS THE PROFESSIONAL QUALIFICATIONS TO ACCOMPLISH THE SCOPE OF
45 WORK, HAS A CONFLICT OF INTEREST WITH THE APPLICANT OR THE PROJECT
46 THAT IS THE SUBJECT OF THE APPLICATION, OR HAS A BIAS THAT COULD
47 INFLUENCE THE OBJECTIVITY OF THE WORK TO BE ACCOMPLISHED. IF THE
48 BOARD OR OFFICE CONCURS WITH THE APPLICANT, A NEW EXPERT SHALL
49 BE SELECTED BY THE BOARD OR OFFICE.
50
51 (b) THE APPLICANT SHALL DESIGN AND CONDUCT A
52 SCIENTIFICALLY DEFENSIBLE GROUND WATER, SURFACE WATER, AND
53 ENVIRONMENTAL BASELINE CHARACTERIZATION AND MONITORING PLAN
54 FOR THE PROPOSED MINING OPERATION. THIS PLAN SHALL BE DESIGNED IN
55 SUCH A MANNER AS TO:
56
House Journal--43rd Day--February 20, 2008 Page 493
(I) THOROUGHLY CHARACTERIZE PREMINING SITE CONDITIONS; 12
3 (II) DETECT ANY SUBSURFACE EXCURSIONS OF CHEMICALS USED
4 IN OR MOBILIZED BY IN SITU LEACH MINING DURING THE MINING
OPERATIONS; AND 56
7 (III) EVALUATE THE EFFECTIVENESS OF POSTMINING RECLAMATION
AND GROUND WATER RESTORATION PLANS. 89
10 (c) THE DESIGN AND OPERATION OF THE BASELINE
11 CHARACTERIZATION AND MONITORING PLAN, TOGETHER WITH ALL
12 INFORMATION COLLECTED IN ACCORDANCE WITH THE PLAN, SHALL BE A
13 MATTER OF PUBLIC RECORD.
14
15 (d) (I) NOTWITHSTANDING SECTION 34-32-103 (6), IN THE CASE OF
16 IN SITU LEACH MINING, RECLAMATION OF GROUND WATER SHALL BEGIN
17 IMMEDIATELY UPON CESSATION OF PRODUCTION OPERATIONS IN
18 ACCORDANCE WITH THE RECLAMATION PLAN APPROVED BY THE BOARD.
19
20 (II) IF THE OPERATOR PLANS TO CEASE OPERATION ON A
21 TEMPORARY BASIS, THE OPERATOR SHALL NOTIFY THE BOARD AT LEAST
22 THIRTY DAYS PRIOR TO SUCH TEMPORARY CESSATION SETTING FORTH
23 BOTH THE REASONS FOR THE TEMPORARY CESSATION AND THE EXPECTED
24 DURATION OF THE TEMPORARY CESSATION. THE OPERATOR SHALL
25 MAINTAIN A GROUND WATER MONITORING AND PUMPING REGIME
26 SATISFACTORY TO THE BOARD DURING ANY PERIOD OF TEMPORARY
27 CESSATION OF OPERATIONS. IF, IN THE JUDGMENT OF THE BOARD, THE
28 EXPECTED DURATION OF ANY TEMPORARY CESSATION WILL BE OF SUCH
29 LENGTH THAT THE BOARD BELIEVES THAT GROUND WATER RECLAMATION
30 SHOULD COMMENCE, IT SHALL SO ORDER.
31
32 SECTION 6. 34-32-115 (2), Colorado Revised Statutes, is
33 amended, and the said 34-32-115 is further amended BY THE
34 ADDITION OF A NEW SUBSECTION, to read:
35
36 34-32-115. Action by board - appeals. (2) Prior to the holding
37 of any such hearing, the board or the office shall provide notice to any
38 person previously filing a protest or petition for a hearing or statement in
39 support of an application pursuant to section 34-32-114 and shall publish
40 notice of the time, date, and location of the hearing in a newspaper of
41 general circulation in the locality of the proposed mining operation once
42 a week for two consecutive weeks immediately prior to the hearing. The
43 hearing shall be conducted as a proceeding pursuant to article 4 of title
44 24, C.R.S. A final decision on the application shall be made within one
45 hundred twenty days of AFTER the receipt of the application. In the event
46 of complex applications, serious unforeseen circumstances, or significant
47 snow cover on the affected land that prevents a necessary on-site
48 inspection, the board or the office may reasonably extend the maximum
49 time sixty days. IN THE EVENT OF IN SITU LEACH MINING OPERATIONS, A
50 FINAL DECISION ON THE APPLICATION WILL BE MADE WITHIN TWO
51 HUNDRED FORTY DAYS.
52
53 (5) (a) THE BOARD OR THE OFFICE MAY DENY A PERMIT FOR IN SITU
54 LEACH MINING OPERATIONS BASED ON UNCERTAINTY ABOUT THE
55 FEASIBILITY OF RECLAMATION AND SHALL DENY SUCH A PERMIT IF THE
56 APPLICANT FAILS TO DEMONSTRATE THAT RECLAMATION CAN AND WILL
Page 494 House Journal--43rd Day--February 20, 2008
BE ACCOMPLISHED IN COMPLIANCE W 1 ITH THIS ARTICLE, INCLUDING THE
2 PROTECTION OF GROUND WATER AND OTHER ENVIRONMENTAL RESOURCES
AND HUMAN HEALTH. 34
5 (b) THE BOARD OR THE OFFICE SHALL DENY A PERMIT FOR IN SITU
6 LEACH MINING IF THE APPLICANT FAILS TO DEMONSTRATE BY
7 SUBSTANTIAL EVIDENCE THAT IT WILL RESTORE ALL AFFECTED GROUND
8 WATER FOR ALL WATER QUALITY PARAMETERS TO PREMINING BASELINE
9 WATER QUALITY OR BETTER AS ESTABLISHED BY THE BASELINE SITE
10 CHARACTERIZATION CONDUCTED PURSUANT TO SECTION 34-32-112.5 (5),
11 OR TO THAT QUALITY WHICH MEETS THE STATEWIDE RADIOACTIVE
12 MATERIALS STANDARDS OR THE MOST STRINGENT CRITERIA SET FORTH IN
13 TABLES 1 THROUGH 4 OF THE BASIC STANDARDS FOR GROUND WATER AS
14 ESTABLISHED BY THE COLORADO WATER QUALITY CONTROL COMMISSION.
15
16 (c) THE BOARD OR THE OFFICE MAY DENY A PERMIT FOR IN SITU
17 LEACH MINING IF THE EXISTING OR REASONABLY FORESEEABLE POTENTIAL
18 FUTURE USES FOR ANY POTENTIALLY AFFECTED GROUND WATER,
19 WHETHER CLASSIFIED OR UNCLASSIFIED PURSUANT TO SECTION 25-8-203,
20 C.R.S., INCLUDES DOMESTIC OR AGRICULTURAL USES, AND THE BOARD
21 DETERMINES THE IN SITU LEACH MINING WILL ADVERSELY AFFECT THE
22 SUITABILITY OF THE GROUNDWATER FOR SUCH USES.
23
24 (d) THE BOARD OR THE OFFICE MAY DENY OR REVOKE A PERMIT
25 FOR IN SITU LEACH MINING IF:
26
27 (I) THE APPLICANT, AN AFFILIATE, OFFICER, OR DIRECTOR OF THE
28 APPLICANT, THE OPERATOR, OR CLAIM HOLDER HAS DEMONSTRATED A
29 PATTERN OF WILLFUL VIOLATIONS OF THE ENVIRONMENTAL PROTECTION
30 REQUIREMENTS OF THIS ARTICLE, RULES PROMULGATED PURSUANT TO THIS
31 ARTICLE, A PERMIT ISSUED PURSUANT TO THIS ARTICLE, OR AN ANALOGOUS
32 LAW, RULE, OR PERMIT ISSUED BY ANOTHER STATE, THE UNITED STATES,
33 OR A FOREIGN JURISDICTION AS DISCLOSED IN THE APPLICATION PURSUANT
34 TO SECTION 34-32-112 (2) (i);
35
36 (II) (A) EXCEPT AS SPECIFIED IN SUB-SUBPARAGRAPH (B) OF THIS
37 SUBPARAGRAPH (II), THE APPLICANT OR ANY AFFILIATE, OFFICER, OR
38 DIRECTOR OF THE APPLICANT HAS PREVIOUSLY VIOLATED THIS ARTICLE,
39 RULES PROMULGATED PURSUANT TO THIS ARTICLE, A PERMIT ISSUED
40 PURSUANT TO THIS ARTICLE, OR AN ANALOGOUS LAW, RULE, OR PERMIT
41 ISSUED BY ANOTHER STATE, THE UNITED STATES, OR A FOREIGN
42 JURISDICTION AS DISCLOSED IN THE APPLICATION PURSUANT TO SECTION
43 34-32-112 (2) (i).
44
45 (B) THE BOARD OR OFFICE MAY ISSUE OR REINSTATE A PERMIT IF
46 THE APPLICANT SUBMITS PROOF THAT THE VIOLATION REFERRED TO IN
47 SUB-SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (II) HAS BEEN
48 CORRECTED OR MAY CONDITIONALLY ISSUE OR REINSTATE A PERMIT IF THE
49 VIOLATION IS IN THE PROCESS OF BEING CORRECTED TO THE SATISFACTION
50 OF THE BOARD OR IF THE APPLICANT SUBMITS PROOF THAT THE APPLICANT
51 HAS FILED AND IS PRESENTLY PURSUING A DIRECT ADMINISTRATIVE OR
52 JUDICIAL APPEAL TO CONTEST THE VALIDITY OF THE ALLEGED VIOLATION.
53 FOR PURPOSES OF THIS SUB-SUBPARAGRAPH (B), A DIRECT
54 ADMINISTRATIVE OR JUDICIAL APPEAL TO CONTEST THE VALIDITY OF THE
55 ALLEGED VIOLATION SHALL NOT INCLUDE AN APPEAL OF AN APPLICANT'S
56 RELATIONSHIP TO AN AFFILIATE. IF THE VIOLATION IS NOT SUCCESSFULLY
House Journal--43rd Day--February 20, 2008 Page 495
1 ABATED OR IF THE VIOLATION IS UPHELD ON APPEAL, THE BOARD OR
2 OFFICE SHALL REVOKE OR DENY THE CONDITIONAL PERMIT ISSUED OR
REINSTATED PURSUANT TO THIS SUB-SUBPARAGRAPH (B). 34
5 SECTION 7. The introductory portion to 34-32-116 (7) (q) and
6 34-32-116 (7) (q) (III), Colorado Revised Statutes, are amended, and the
7 said 34-32-116 is further amended BY THE ADDITION OF THE
FOLLOWING NEW SUBSECTIONS, to read: 89
10 34-32-116. Duties of operators - reclamation plans.
11 (7) Reclamation plans and the implementation thereof shall conform to
12 the following general requirements:
13
14 (q) All reclamation provided for in this section shall be carried to
15 completion by the operator with all reasonable diligence and shall be
16 conducted concurrently with mining operations to the extent practicable,
17 taking into consideration the mine plan, mine safety, economics, the
18 availability of equipment and material, and other site-specific conditions
19 relevant and unique to the affected land and to the postmining land use.
20 Upon termination of the entire mining operation and in accordance with
21 the reclamation plan, each phase of final reclamation shall be completed
22 prior to the expiration of WITHIN five years after the date on which the
23 operator advises the board that such phase has commenced, unless such
24 period is extended by the board pursuant to section 34-32-112 (7); except
25 that:
26
27 (III) (A) With the approval of the board and the owner of the land
28 to be reclaimed, the operator may substitute land previously mined and
29 owned by the operator not otherwise subject to reclamation under this
30 article or, in the alternative, with the approval of the board and the owner
31 of the land, reclamation of an equal number of acres of any lands
32 previously mined but not owned by the operator if the operator has not
33 previously abandoned unreclaimed mining lands. The board also has
34 authority to grant, in the alternative, the reclamation of lesser or greater
35 acreage so long as the cost of reclaiming such acreage is at least
36 equivalent to the cost of reclaiming the original permit lands. If any area
37 is so substituted, the operator shall submit a map of the substituted area,
38 which map shall conform to all of the requirements with respect to other
39 maps required by this article. Upon completion of reclamation of the
40 substituted land, the operator shall be relieved of all obligations under this
41 article with respect to the land for which substitution has been permitted.
42
43 (B) SUB-SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (III) SHALL
44 NOT APPLY TO URANIUM OR IN SITU LEACH MINING.
45
46 (8) ALL URANIUM EXTRACTION OPERATIONS USING IN SITU LEACH
47 MINING OR RECOVERY METHODS, INCLUDING ANY INJECTION OF ANY
48 CHEMICALS DESIGNED TO MOBILIZE URANIUM RESOURCES, SHALL RESTORE
49 ALL AFFECTED GROUND WATER FOR ALL WATER QUALITY PARAMETERS TO
50 PREMINING BASELINE WATER QUALITY OR BETTER AS ESTABLISHED BY THE
51 BASELINE SITE CHARACTERIZATION CONDUCTED PURSUANT TO SECTION
52 34-32-112.5 (5), OR TO THAT QUALITY WHICH MEETS THE STATEWIDE
53 RADIOACTIVE MATERIALS STANDARDS OR THE MOST STRINGENT CRITERIA
54 SET FORTH IN TABLES 1 THROUGH 4 OF THE BASIC STANDARDS FOR
55 GROUND WATER AS ESTABLISHED BY THE COLORADO WATER QUALITY
56 CONTROL COMMISSION. IN ESTABLISHING, DESIGNING, AND IMPLEMENTING
Page 496 House Journal--43rd Day--February 20, 2008
A GROUND WATER RESTORATION 1 PLAN, THE MINE OPERATOR SHALL USE
BEST AVAILABLE TECHNOLOGY. 23
4 (9) OPERATORS OF IN SITU LEACH MINING OPERATIONS SHALL TAKE
5 ALL NECESSARY STEPS TO PREVENT AND REMEDIATE ANY DEGRADATION
6 OF PRE-EXISTING GROUND WATER USES DURING THE PROSPECTING,
7 DEVELOPMENT, EXTRACTION, AND RECLAMATION PHASES OF THE
OPERATION. 89
10 SECTION 8. 34-32-121.5, Colorado Revised Statutes, is
11 amended to read:
12
13 34-32-121.5. Reporting certain conditions. Any person engaged
14 in any A mining operation shall notify the office of any failure or
15 imminent failure as soon as reasonably practicable after such person has
16 knowledge of such condition, BUT FOR IN SITU LEACH MINING OPERATIONS
17 IN NO EVENT MORE THAN TWENTY-FOUR HOURS AFTER THE DISCOVERY OF
18 SUCH FAILURE OR AN IMMINENT FAILURE, of: Any impoundment,
19 embankment, or slope that poses a reasonable potential for danger to any
20 persons or property or to the environment; ANY STRUCTURE FOR IN SITU
21 LEACH MINING OPERATIONS DESIGNED TO DETECT, PREVENT, MINIMIZE, OR
22 MITIGATE ADVERSE IMPACTS ON GROUND WATER; ANY STRUCTURE USED
23 IN CONNECTION WITH IN SITU LEACH MINING DESIGNED TO DETECT,
24 PREVENT, MINIMIZE, OR MITIGATE ADVERSE IMPACTS ON HUMAN HEALTH,
25 WILDLIFE, OR THE ENVIRONMENT; or any environmental protection facility
26 designed to contain or control chemicals or waste which THAT are acid27
or toxic-forming, as identified in the permit.
28
29 SECTION 9. Applicability. This act shall apply to mining
30 applications filed and mining operations occurring on or after the
31 effective date of this act.
32
33 SECTION 10. Safety clause. The general assembly hereby finds,
34 determines, and declares that this act is necessary for the immediate
35 preservation of the public peace, health, and safety.".

House Journal, March 14
18 HB08-1161 be amended as follows, and as so amended, be referred to
19 the Committee of the Whole with favorable
20 recommendation:
21
22 Amend the Agriculture, Livestock, and Natural Resources Committee
23 Report, dated February 20, 2008, page 9, after line 22, insert the
24 following:
25 "SECTION 9. Appropriation. (1) In addition to any other
26 appropriation, there is hereby appropriated, out of any moneys in the
27 mined land reclamation fund created in section 34-32-127, Colorado
28 Revised Statutes, not otherwise appropriated, to the department of natural
29 resources, for the fiscal year beginning July 1, 2008, the sum of forty-two
30 thousand five hundred forty dollars ($42,540) cash funds and 0.4 FTE, or
31 so much thereof as may be necessary, for the implementation of this act.
32
33 (2) In addition to any other appropriation, there is hereby
34 appropriated to the department of law, for the fiscal year beginning July
35 1, 2008, the sum of fourteen thousand four hundred six dollars ($14,406),
36 or so much thereof as may be necessary, for the provision of legal
37 services to the department of law related to the implementation of this act.
38 Said sum shall be from reappropriated funds received from the
39 department of natural resources out of the appropriation made in
40 subsection (1) of this section.".
41
42 Renumber succeeding sections accordingly.
43
44 Page 9 of the Committee Report, after line 28, insert the following:
45
46 "Page 1, line 104, strike "HEALTH." and substitute "HEALTH, AND
47 MAKING AN APPROPRIATION.".".
48
49

House Journal, March 28
5 Amendment No. 1, Agriculture, Livestock, & Natural Resources Report,
6 dated February 20, 2008, and placed in member's bill file; Report also
7 printed in House Journal, February 20, pages 490-496.
8
9 Amendment No. 2, Appropriations Report, dated March 14, 2008, and
10 placed in member's bill file; Report also printed in House Journal,
11 March 14, page 864. (Appropriations amendment passed on March 24th)
12
13 Amendment No. 3, by Representative Kefalas.
14
15 Amend the Agriculture, Livestock, and Natural Resources Committee
16 Report, dated February 20, 2008, page 1, line 15, strike "PRODUCED" and
17 substitute "DEVELOPED".
18
19 Page 2 of the committee report, line 14, strike "RECOVERY" and substitute
20 "DEVELOPMENT OR EXTRACTION";
21
22 line 20, strike "underground and in situ mining." and substitute
23 "underground and SURFACE MINING, in situ mining, AND IN SITU LEACH
24 MINING.".
25
26 Page 4 of the committee report, strike line 9 and substitute the following:
27 "A BASELINE SITE CHARACTERIZATION AND A PLAN FOR ONGOING";
28
29 line 11, after the period, insert "PRIOR TO SUBMITTING AN APPLICATION,
30 THE PROSPECTIVE APPLICANT SHALL CONFER WITH THE OFFICE
31 CONCERNING THE BASELINE CHARACTERIZATION AND PLAN FOR ONGOING
32 MONITORING OF THE AFFECTED LAND AND AFFECTED SURFACE AND
33 GROUND WATER.";
34
35 line 15, after the first "APPLICANT", insert "OR PROSPECTIVE APPLICANT"
36 and, after "THE", insert "PROSPECTIVE";
37
38 line 16, after the second "THE", insert "BOARD OR THE OFFICE AND THE";
39
40 line 19, after "THE", insert "PROSPECTIVE";
41
42 line 20, after "THE", insert "PROSPECTIVE";
43
44 line 21, after the first "THE", insert "PROSPECTIVE";
45
46 line 23, after the first "THE", insert "PROSPECTIVE";
47
48 line 24, strike "IS" and substitute "WILL BE";
49
50 line 26, after "THE", insert "PROSPECTIVE";
51
52 line 28, strike "THE APPLICANT" and substitute "PRIOR TO SUBMITTING AN
53 APPLICATION, A PROSPECTIVE APPLICANT FOR IN SITU LEACH MINING".
54
55 Page 5 of the committee report, line 2, strike "RESTORATION" and
56 substitute "RECLAMATION";
1 line 4, strike "PLAN," and substitute "PLAN FOR IN SITU LEACH MINING,";
2
3 line 6, strike "RECORD." and substitute "RECORD REGARDLESS OF
4 WHETHER SUCH ACTIVITIES ARE CONDUCTED PURSUANT TO A NOTICE OF
5 INTENT TO CONDUCT PROSPECTING OPERATIONS UNDER SECTION 34-32-
6 113.".
7
8 Page 6 of the committee report, line 14, strike "RESTORE" and substitute
9 "RECLAIM";
10
11 strike lines 15 through 19 and substitute the following:
12
13 "WATER FOR ALL WATER QUALITY PARAMETERS TO EITHER OF THE
14 FOLLOWING:
15
16 (I) PREMINING BASELINE WATER QUALITY OR BETTER, AS
17 ESTABLISHED BY THE BASELINE SITE CHARACTERIZATION CONDUCTED
18 PURSUANT TO SECTION 34-32-112.5 (5); OR
19
20 (II) THAT QUALITY WHICH MEETS THE STATEWIDE RADIOACTIVE
21 MATERIALS STANDARDS AND THE MOST STRINGENT CRITERIA SET FORTH
22 IN".
23
24 Page 8 of the committee report, line 28, strike "RESTORE" and substitute
25 "RECLAIM";
26
27 strike lines 30 through 33 and substitute the following:
28
29 "EITHER OF THE FOLLOWING:
30
31 (I) PREMINING BASELINE WATER QUALITY OR BETTER AS
32 ESTABLISHED BY THE BASELINE SITE CHARACTERIZATION CONDUCTED
33 PURSUANT TO SECTION 34-32-112.5 (5); OR
34
35 (II) THAT QUALITY WHICH MEETS THE STATEWIDE RADIOACTIVE
36 MATERIALS STANDARDS AND THE MOST STRINGENT CRITERIA";
37
38 line 37, strike "RESTORATION" and substitute "RECLAMATION".
39
40 Page 9 of the committee report, strike lines 24 and 25 and substitute the
41 following:
42 "applications currently filed or filed on or after the effective date of this
43 act and to mining operations currently permitted or permitted on or after
44 the effective date of this act.".
45
46 Amendment No. 4, by Representative Kefalas.
47
48 Amend, Amendment No. 3 by Representative Kefalas, printed in House
49 Journal, March 28 page 1035, strike line 24, and substitute the following:
50
51 "underground and MINING, in situ mining, AND IN SITU LEACH".
52
53 As amended, ordered engrossed and placed on the Calendar for Third
54 Reading and Final Passage.
55
56
1 On motion of Representative Carroll T, the remainder of the General
2 Orders Calendar (HB08-1345, SB08-027, HB08-1358, 1084, SB08-019,
3 088, 159, 128, 151, 129, 150) was laid over until March 31, retaining
4 place on Calendar.

Senate Journal, April 18
After consideration on the merits, the Committee recommends that HB08-1161 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 7, line 14, after "OF", insert "GROUND
WATER CONTAINING";

strike line 27.

Page 8, strike line 1 and substitute the following:

"IN ACCORDANCE WITH THE RECLAMATION PLAN APPROVED BY THE BOARD
IMMEDIATELY WHEN EITHER OF THE FOLLOWING OCCUR:

(A) DETECTION PURSUANT TO THE BASELINE CHARACTERIZATION
AND MONITORING PLAN APPROVED BY THE BOARD OF ANY SUBSURFACE
EXCURSION OF GROUND WATER OUTSIDE OF THE AFFECTED LAND
CONTAINING CHEMICALS USED IN OR MOBILIZED BY IN SITU LEACH MINING
DURING THE MINING OPERATIONS OR GROUND WATER OUTSIDE OF THE
AFFECTED LAND THAT OTHERWISE FAILS TO MEET THE STANDARDS
ESTABLISHED IN SECTION 34-32-116 (8).

(B) CESSATION OF PRODUCTION OPERATIONS.".

Page 9, line 6, after "ON", insert "SCIENTIFIC OR TECHNICAL".

Page 10, strike lines 11 and 12 and substitute the following:

"LAW, RULE, OR PERMIT ISSUED BY ANOTHER STATE OR THE UNITED
STATES AS DISCLOSED IN THE APPLICATION PURSUANT";

line 16, strike "PREVIOUSLY" and substitute "IN THE TEN YEARS PRIOR TO
SUBMISSION OF THE APPLICATION" and, after "VIOLATED", insert "THE
ENVIRONMENTAL PROTECTION REQUIREMENTS OF";
strike lines 19 and 20 and substitute the following:

"ISSUED BY ANOTHER STATE OR THE UNITED STATES AS DISCLOSED IN THE
APPLICATION PURSUANT TO SECTION".

Senate Journal, April 30
HB08-1161 by Representative(s) Kefalas and Fischer, Butcher, Carroll M., Frangas, Gagliardi, Green,
Levy, McFadyen, McKinley, Primavera, Riesberg, Solano, Soper, Weissmann; also
Senator(s) Johnson, Bacon--Concerning an increase in the regulatory authority of the mined
land reclamation board over mining, and, in connection therewith, ensuring the protection of
ground water and public health, and making an appropriation.

Amendment No. 1, Local Government Committee Amendment.
(Printed in Senate Journal, April 18, pages 1042-1043 and placed in members' bill files.)

Amendment No. 2(L.023), by Senator Windels.

Amend reengrossed bill, page 5, line 18, after the period, add "THE FACT
THAT THE APPLICANT WAS NOT INVOLVED IN ANY OF THE FIVE OPERATIONS
SHALL NOT PRECLUDE THE APPLICANT FROM MAKING THE
DEMONSTRATION REQUIRED BY THIS PARAGRAPH (j).".

Amendment No. 3(L.024), by Senator Johnson.

Amend reengrossed bill, page 9, line 15, after "PARAMETERS", insert
"THAT ARE SPECIFICALLY IDENTIFIED IN THE BASELINE SITE
CHARACTERIZATION, OR IN THE STATEWIDE RADIOACTIVE MATERIALS
STANDARDS OR TABLES 1 THROUGH 4 OF THE BASIC STANDARDS FOR
GROUND WATER AS ESTABLISHED BY THE COLORADO WATER QUALITY
CONTROL COMMISSION,".

Page 12, line 22, after "PARAMETERS", insert "THAT ARE SPECIFICALLY
IDENTIFIED IN THE BASELINE SITE CHARACTERIZATION, OR IN THE
STATEWIDE RADIOACTIVE MATERIALS STANDARDS OR TABLES 1 THROUGH
4 OF THE BASIC STANDARDS FOR GROUND WATER AS ESTABLISHED BY THE
COLORADO WATER QUALITY CONTROL COMMISSION,".

As amended, ordered revised and placed on the calendar for Third Reading and Final
Passage.