Coal Mine Subsidence In Colorado: Practical Application In A Regulatory Setting - Introduction

The Legislature of the State of Colorado adopted House Bill 1223, "The Colorado Surface Coal Mining Reclamation Act" (The State Act), in 1979. This Act provided for the creation of a state regulatory program as accommodated within Public Law 95-87, "The Surface Mining Control and Reclamation Act of 1977" (SMCRA). Section 34-33-121(2)(a) of the Colorado Revised Statutes (CRS) and Section 516(b) of Public Law 95-87, identically require the underground coal mine operator to "Adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent technologically and economically feasible, maximize mined stability, and maintain the value and reasonably foreseeable use of such surface lands, except in those instances where the mining technology used requires planned subsidence in a predictable and controlled manner..." On July 23, 1980, the Colorado Mined Land Reclamation Board adopted regulations to administer and enforce the State Act. Amendments to the Rules, including the subsidence regulations were adopted by the Board in August of 1981. These regulations require the prediction, monitoring and mitigation of "material damage" caused by subsidence.