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Colorado state owned lands - Division of Wildlife, access and use rules
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post Jun 22 2010, 04:23 PM
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State owned lands come into conversations now and then concerning prospecting and mining so we thought this would be helpful information to have on hand.
Remember folks state owned lands are not National Forests or BLM lands. They are state owned and regulated completely seperately. Mining isn't prohibited but, it is only allowed when you have a written agreement (lease with royalties agreements) ongoing with the state land trust board.
These areas would include state wildlife areas which are set up for "recreational wildlife uses" to be specific. The following PDF explains the general rules concerning use/access of the state lands regulated through the Colorado Division of Wildlife in lease agreements for the specific use mentioned above.
Prospecting within state owned lands is prohibited without written permission from the board (unless posted otherwise onsite/office)

Download a copy for your reference file today everyone.

Attached File  DOW_land_rules.pdf ( 482.63K ) Number of downloads: 834


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swizz
post Apr 30 2013, 06:48 PM
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This is a great topic as many don't know the rules pertaining to State owned lands.
I've been reading through the attached pdf and they make it pretty clear. I'll reference a couple of rules from the pdf that caught my eye.... research.gif


C. Prohibited Activities
Except as specifically authorized by contractual agreement, official document, public notice,
permit or by posted sign, the following activities are prohibited on all lands, waters, the frozen
surface of waters, rights-of-way, buildings, and other structures or devices owned, operated,
or under the administrative control of the Division of Wildlife:

2. To enter, use, or occupy any area for any commercial purpose or to conduct land, water,
oil, gas, or mineral investigations, surveys, or explorations of any kind.

7. To remove, modify, adjust, deface, destroy, or mutilate any building, structure, water
control device, fence, gate, poster, notice, sign, survey or section marker, tree, shrub or
other vegetation or any object of archaeological, geological, or historical value or interest.


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swizz
post Apr 30 2013, 07:05 PM
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... also I'm a little confused regarding "State Trust Land" designation.
Dan, if you scroll down the list of State "Trust" Lands, the Mtn (and County) of my claim appear there.... yet I'm on BLM (Federal) managed land. Since you know where it is have a look, they have a couple of odd ATV-related rules. As far as I know that mtn is primarily BLM and I don't recall seeing any State owned or leased land back when I was researching that area. I know that I don't have anything to worry about but I found it odd that my mtn was included on their list.
Maybe there's a parcel of that mtn that the State has their mittens on? confused0082[1].gif


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russau
post May 1 2013, 04:07 AM
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your refering to public lands maintained/managed by the state. correct? like the Federal gubermint, they cant/dont own land. we the people own it! correct?
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swizz
post May 1 2013, 06:23 AM
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QUOTE (russau @ May 1 2013, 05:07 AM) *
your refering to public lands maintained/managed by the state. correct?

No, not correct. The State does not manage our public owned lands which are Federally managed. Public owned lands are managed by the Feds (typically BLM and NFS).
The State manages State owned land. State owned lands are not publicly owned by We The People. The managing dept (and enforcers) for the State (on State owned lands in Colorado) is the Division Of Wildlife.

QUOTE (russau @ May 1 2013, 05:07 AM) *
like the Federal gubermint, they cant/dont own land. we the people own it! correct?

No, not correct. The State can and does own land (State Forest, State Parks, WMA, SWA, etc.) It is legally considered private property and regulated by the owner (State) for public use. State Forest, State Parks, WMA, SWA, etc., and general State owned Lands are not publicly owned by We The People. They (State) can sell it, lease it, close it off to public use, regulate it, manage and protect wildlife or habitat, whatever they want to do with it.... they own it. The pdf that Dan linked outlines the general and specific rules and regulations for recreational/commercial uses on Colorado State owned lands. Written permission is required for prospecting or it is considered Mineral Trespass.
Nothing new, it's always been like this but many folks just don't know any better. Obviously ignorance is no excuse to break the law and prospectors are responsible for knowing the law before they go out. Great way to get into hot water fast if you're found bumbling around State land with a shovel, pan, sluice, detector or other equip and don't have approved written permission from the State in regard to mineral and/or archeological exploration and/or removal. These are the ignorant Bozos they will gladly bust. I saw where someone on another forum was braggin it up about prospecting some historic log cabin ruins on State land... pics and all. I sincerely hope that he/she had a written agreement/permission from the State... they didn't say. Their pictorial evidence remains posted online and they even listed the County Road in the thread to make it easier for the State to pursue. Hopefully they had written permission from the State Board. If the State reads that thread they could easily build a case and pursue this individual. Other prospectors reading that thread may think it's ok to prospect State owned lands without permission since the poster did not specify whether or not they had requested and been granted written approval.
People who understand and respect State Lands can save themselves the trouble of legal misfortune (illegal use, fines, court, potential financial losses, etc) enforced by the State (DOW). Either get the written approval... or it is illegal to prospect there. Period.


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Dypheron
post May 1 2013, 07:52 AM
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QUOTE (swizz @ Apr 30 2013, 09:05 PM) *
... also I'm a little confused regarding "State Trust Land" designation.
Dan, if you scroll down the list of State "Trust" Lands, the Mtn (and County) of my claim appear there.... yet I'm on BLM (Federal) managed land. Since you know where it is have a look, they have a couple of odd ATV-related rules. As far as I know that mtn is primarily BLM and I don't recall seeing any State owned or leased land back when I was researching that area. I know that I don't have anything to worry about but I found it odd that my mtn was included on their list.
Maybe there's a parcel of that mtn that the State has their mittens on? confused0082[1].gif



Not trying to steal Dan's thunder here, but I did some research to sharpen my own skills. From what I found comparing the BLM map for that district and what I found in GeoCommunicator you're well into BLM land where you're at. It's to the west and south that gets funky. I'll shoot you a PM with what I used to for some fact checking.


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swizz
post May 1 2013, 07:55 AM
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QUOTE (Dypheron @ May 1 2013, 08:52 AM) *
From what I found comparing the BLM map for that district and what I found in GeoCommunicator you're well into BLM land where you're at.

Exactly! That's why I'm confused that my mtn is listed under "State Trust Lands" toward the bottom of the pdf. Doesn't make sense.


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swizz
post May 1 2013, 08:11 AM
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Brandon, thanks for the PM and links. I double-checked the geocomm and our claims are well within BLM managed land boundaries. There is land on the mtn that is not designated as BLM managed. The unshaded areas on the mapping didn't specify State Owned or State Trust lands so I'm assuming that some/all of the land not shaded must belong to the State. But ya.... our claims are on BLM Federally managed lands.
Upon further review....
The State Trusted or Owned lands are on the south side of the mtn. We are clearly exempt from State Owned Land or State Trust Land regulations but I now understand why (part of) the mtn is listed under State Trust management... they have their mittens on the south side of the mtn. LOL.... they can have it.


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Woody
post May 1 2013, 08:16 AM
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Hey Chris,


When you drive up to the claim, which road do you take? The reason I am asking is, coming from town there is two different roads that lead up to the top of the mountain. I always take the second road and right in the middle of the hill before you get to the top is a sign that, "I believe", says "Entering State Lands..... ect.. ect..". But I thought it ended at the top of the mountain and everything to the south, "back down the hill" was included in this area. Could it be they have that mountain on the list just for that track of land?


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swizz
post May 1 2013, 08:25 AM
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Hi Woody,
Yes, I take the second road as well and I believe you are 100% correct. I think that the State owns/leases (State Trust Land) a good portion of the south side of that mtn. Next time I'm up I'll get a better look at the signs on that side but pretty sure you're right.


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Dypheron
post May 1 2013, 08:47 AM
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Sent another PM with the parks and wildlife map that shows the actual ownership, it's quite clear. I'll shoot a copy to you as well woody, tried to already but it won't let me send another so soon.


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swizz
post May 1 2013, 09:13 AM
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Brandon,
Your research skills are to be admired. signs021.gif


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Woody
post May 1 2013, 11:32 AM
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Got it Brandon,
Thanks a lot.


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Dypheron
post May 1 2013, 11:45 AM
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QUOTE (Woody @ May 1 2013, 01:32 PM) *
Got it Brandon,
Thanks a lot.


No problem guys, Woody I hope you're not outside playing in the wet stuff that's coming down at the moment.


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post May 1 2013, 12:50 PM
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QUOTE (Dypheron @ May 1 2013, 08:52 AM) *
Not trying to steal Dan's thunder here, but I did some research to sharpen my own skills.



Spectacular work Brandon and no way are you stealing my thunder thumbsupsmileyanim.gif You are doing an awesome job of sharpening those skills and you'll benefit from it in the future too signs026.gif happy088.gif .....TWO THUMBS UP AND KUDOS TO YOU ALL FOR DIGGIN' IN!! CP_Member.gif CP club members.....Get'R'Done! dancing_smiley.gif


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