Chapter 17: Conflicts Between Natural Resources and Surface Development

The rapid pace of suburban growth and residential development in Colorado has led to increasing conflicts between owners of surface estates and holders of mineral estates. More particularly, urbanism is sprawling into the state’s rural areas, and surface estates traditionally used for agricultural production are increasingly being acquired by owners who want the property for residential and commercial development. These surface estate owners dislike the environmental and other impacts caused by mineral exploration in the middle of their new residential and commercial developments. Although the mineral estate has traditionally been considered to be the dominant estate, surface owners are increasingly challenging the rights of mineral owners to access and develop their minerals.

This chapter discusses how common law relating to the relative rights and obligations of surface and mineral owners has developed and how surface agreements are used to address environmental and other impacts of mineral development. The chapter also describes state and federal regulations affecting relations between surface and mineral owners.

§ 17.1 Introduction
§ 17.2 Common Law Rights to Develop
§ 17.3 Surface Use Agreements
§ 17.4 State and Federal Regulation

STEPHEN A. BAIN, ESQ.
Welborn Sullivan Meck & Tooley, P.C.

Stephen A. Bain is a shareholder with Welborn Sullivan Meck & Tooley, P.C. in Denver. Steve’s practice focuses on environmental and natural resources law, including representation of oil and gas companies. After practicing environmental law with Holland & Hart in Denver for five years, he and his wife moved to the Black Triangle region of the Czech Republic for two years to work as environmental management consultants for the Czech Ministry of Environment. Steve joined Welborn Sullivan Meck & Tooley’s office in Almaty, Kazakhstan in 1997, where he worked on oil, mining and environmental issues, before returning to Denver in 1999. He has spoken on a variety of environmental topics and taught international petroleum law as an adjunct professor at the University of Denver Sturm College of Law. Steve has a bachelor’s degree from Yale University and a law degree from Cornell Law School.


SARAH M. MERCER
Welborn Sullivan Meck & Tooley, P.C.

Sarah M. Mercer is a candidate for Juris Doctor at the University of Colorado School of Law where she is Editor-in-Chief of the University of Colorado Law Review. Sarah received her bachelor’s degree from Harvard University in the area of Social Studies. Upon graduation, she will serve as a judicial clerk to the Honorable Michael L. Bender on the Colorado Supreme Court before joining Welborn Sullivan Meck & Tooley, P.C., as an associate.