NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 08-228
      
      
      BY SENATOR(S) Schwartz, Bacon, Isgar, Shaffer, Tupa, and Johnson;
      also REPRESENTATIVE(S) Curry, Scanlan, Buescher, Fischer, Gagliardi,
      Green, Kefalas, Looper, McFadyen, Pommer, Solano, and Stafford.
      
      
      Concerning increased public disclosure of the contents of a
           notice of intent to conduct mining operations.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  34-32-113 (3), (5.5) (d), (5.5) (e), and (5.5) (f),
      Colorado Revised Statutes, are amended, and the said 34-32-113 is further
      amended BY THE ADDITION OF A NEW SUBSECTION, to read:
      
           34-32-113.  Prospecting notice - reclamation requirements -
      rules.  (3)  All information provided to the board in a notice of intent to
      conduct prospecting or a modification of such a notice is a matter of
      public record subject to the open records act, part 2 of article 72
      of title 24, C.R.S., including, in the case of a modification, the
      original notice of intent; except that information relating to the
      mineral deposit location, size, or nature and, as determined by the
      board, other information designated by the operator as
      proprietary or trade secrets or that would cause substantial
      harm to the competitive position of the operator shall be protected
      as confidential information by the board and shall not be a matter of
      public record in the absence of a written release from the operator or until
      a finding by the board that reclamation is satisfactory.  Such information
      designated as exempt shall remain confidential until a final
      determination by the board.  The board shall promulgate rules
      implementing this subsection (3) and shall consider information
      including the timing of the disclosure of the operator's identity.
      
           (5.5) (d)  No later than sixty days after the completion of the
      abandonment pursuant to paragraph (b) of this subsection (5.5) of any drill
      hole which that has artesian flow at the surface, the person conducting the
      prospecting shall submit to the head of the office a report containing the
      location of such hole to within two hundred feet of its actual location, the
      estimated rate of flow of such artesian flow, if such is known, and the facts
      of the technique used to plug such hole.  Such report and all information
      contained therein shall be confidential in nature and shall not be a matter of
      public record.
      
           (e)  No later than twelve months after the completion of the
      abandonment of any drill hole pursuant to paragraph (b) of this subsection
      (5.5), there shall be filed by the person conducting the prospecting with the
      head of the office a report containing the location of the hole to the nearest
      forty-acre legal subdivision and the facts of the technique used to plug, seal,
      or cap the hole.  Such report and all information contained therein shall be
      confidential in nature and shall not be a matter of public record.
      
           (f)  The head of the office may not waive any of the administrative
      provisions of this subsection (5.5). which pertain to aquifers upon written
      application filed with the director.
      
           (9)  Upon the submittal of a notice of intent to conduct
      prospecting operations or a modification of such a notice, the
      person submitting such notice or modification shall give an
      electronic version of the notice or modification, except for that
      information exempted from public disclosure under subsection (3)
      of this section and that information designated by the person as
      exempt from disclosure under subsection (3) of this section, to the
      board in a format determined by the board.  The division shall post
      such version of the notice or modification on its web site.
      
           SECTION 2.  Applicability.  This act shall apply to notices of
      intent to conduct prospecting activities or modifications thereto submitted
      or approved on or after the effective date of this act.
      
           SECTION 3.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Peter C. Groff                        Andrew Romanoff
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO