Colorado
Editorial: Threat of uranium mine in gated Colorado neighborhood drives home risk of split estates
South T Bar Ranch is a cautionary tale for Coloradans. Beware the split estate.
Colorado law allows for surface rights of land to be split from sub-surface mineral rights. Most commonly, conflict arises in Colorado’s natural gas-rich Denver-Julesburg Basin, where the Front Range sprawl north of Denver has landed subdivisions above mineral rights owned by major corporations planning or already using hydraulic fracturing to extract the gas.
South T Bar Ranch, located northwest of Cañon City, could become a nightmare situation for homeowners compared to the problems presented with hydraulic fracturing. Even modern uranium mining — known as ablation — causes a significant disruption to surface land, although companies claim it is safer and less problematic than pit mining.
Global Uranium and Enrichment, which owns the mineral rights below the 5,200-acre gated community, has received the necessary permits to begin exploratory drilling for uranium. If the company plans to proceed and extract deposits of uranium, landowners are legally required to provide the surface access necessary for the operation.
The blame for this scenario is twofold: a lack of due diligence by land buyers and a lack of disclosure from sellers, Realtors, and title companies.
The possibility of uranium mining on this land should have significantly reduced the value of these parcels from the outset. In other words, the land should have sold for a reduced price compared to other parcels in Fremont County where homeowners owned their mineral rights.
In this instance, it was homeowners in 2008 who gathered together their mineral rights and sold them to a company that was later purchased by Global Uranium and Enrichment. Subsequent landowners missed out on the windfall from that sale.
A simple disclosure could have avoided all this heartache. We’re not saying homeowners wouldn’t have still purchased the land, but at least they would feel less blindsided or would have had the knowledge needed to negotiate a better price on the land.
Colorado’s Contract to Buy and Sell Real Estate does include IN ALL CAPS an oil, gas, water and mineral disclosure. However, the disclosure only informs people about the risk of split estates; it doesn’t include specific information about whether the land being purchased is split from mineral rights. The clause merely encourages the buyer to “seek additional information.” Most buyers get the contract to buy and sell just before closing.
Title companies also do not trace the mineral rights separately, which really is an astounding lapse in the expensive services the title companies perform. Homeowners are on their own to research the ownership of mineral rights using county records or to hire an attorney to research the title and deed for them.
Where should the onus of due diligence fall?
The current system places too much of a burden on potential buyers. Colorado law already has strict rules for the disclosure of water rights and water sources, and the law should be updated so that disclosure of mineral rights is treated the same. Potential land buyers should be able to quickly see in the real estate listing whether land comes with water and minerals. The point of sale is too late to warn a potential buyer that the estate may or may not be split.
The website for the South T Bar Ranch now includes a disclosure about the split estate and the possibility of uranium mining. More homeowner’s associations, metropolitan districts and other entities should take similar steps to help potential buyers make informed decisions.
Unfortunately, it’s too late for the owners of South T Bar Ranch, who bought after the mineral rights deal in 2008 and failed to learn of the split estate through their Realtor, title company, or other investigations.
People who profited off selling the mineral rights feel vastly different about the potential for mining operations than those who purchased their property later and will not see a windfall from the operations. Some may have failed to negotiate for a reduced price, given the potential for mining.
Global Uranium and Enrichment is only seeking permits to drill wells exploring uranium deposits at this time. The possibility of an actual mining operation is still years away and will require a separate permitting process. It’s possible nothing will come of this exploration, and homeowners will be spared from having mining operations in their backyard (or nearby).
Coloradans can learn from this lesson, and those who learn they are already on a split estate, can make an offer to buy the mineral rights back before market conditions lead to exploration and extraction near their home.
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Colorado
Kansas Looks to End Deion Sanders’ Colorado Fantasy After No. 6 BYU Upset
It’s been a wild ride for Kansas football, and after their 17-13 upset over No. 6 BYU on Saturday, the Jayhawks look poised to deliver another shocking blow to the playoff race.
This time, it’s Deion Sanders and his No. 17 Colorado Buffaloes for Kansas to go after as it tries to make history.
Kansas is on a roll right now. Back-to-back wins over ranked opponents for the first time in program history, including last week’s victory over No. 17 Iowa State, have solidified the Jayhawks as a serious underdog threat.
With the team’s newfound confidence and a record-breaking performance in Provo, they now have a golden opportunity to spoil Colorado’s dream season.
Deion Sanders has garnered a ton of attention in his second year as head coach at Colorado, and for good reason. His flashy persona and the hype surrounding his program have brought the Buffaloes into the national spotlight and rankings. And then a funny thing happened along the way.
Coach Prime’s team got really, really good.
There’s no question that the Jayhawks have their hands full. Colorado’s dynamic duo — quarterback Shedeur Sanders and two-way star Travis Hunter Jr. — is one of the most electrifying in college football this season.
To pull off the upset, Kansas will need to execute a game plan that slows these two down and disrupts Colorado’s offense.
Sanders has proven he can do it all at quarterback — he’s got a rocket arm, solid mobility, and excellent field vision.
To slow him down, Kansas’ defense needs to generate consistent pressure on him without leaving gaps in coverage. Shedeur is great at finding open receivers, but he’s not quite as dangerous on the run as some dual-threat quarterbacks.
Kansas will likely consider doubling Hunter when he’s lined up as a wide receiver. They’ll want to disrupt his routes at the line of scrimmage, not allowing him to get a clean release or run free down the field. They’re in a good spot to do that with Mello Dotson and Cobee Bryant in the fold.
But let’s be honest — the Jayhawks won’t be intimidated.
After taking down BYU, Kansas has nothing to lose, and that makes it even more dangerous. This is no longer an underdog type of team. It’s one on a roll at the right time.
Don’t sleep on the Jayhawks, folks.
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Colorado
Colorado Mines football makes closing argument with rout of Fort Lewis
All the Colorado School of Mines football program can do now is wait.
The Orediggers did what they could in Saturday’s regular-season finale at Marv Kay Stadium, steamrolling Fort Lewis 67-9 in their last chance to make a closing statement for inclusion in the NCAA Division II playoffs.
Mines (8-3, 6-3 RMAC) piled up 622 yards of offense and even got a touchdown from its defense in an all-phases rout. Four players ran in touchdowns and Flynn Schiele and Nick Stone caught scoring passes as well. Jake Sype had 89 yards on 8-of-9 passing in his first career start, and Denver South product Joseph Capra threw for 283 yards and three touchdowns while splitting time at QB.
The Orediggers allowed just 135 yards of offense for Fort Lewis (3-8, 2-7), compiling seven sacks and three turnovers while holding the Skyhawks without a single conversion on third (0 of 14) or fourth (0 for 2) down.
CSU Pueblo (10-1, 9-0) put the finishing touches on its outright RMAC championship with a come-from-behind 38-21 win over Chadron State. Mines finished tied for third in the conference with Colorado Mesa (7-4, 6-3), while Western Colorado (10-1, 8-1) was second.
The Orediggers entered Saturday ranked 10th in the region and need to rise into the top seven in order to reach the postseason. They will learn their fate when the selections are announced Sunday afternoon.
RMAC football
Saturday’s scores
South Dakota Mines 44, Adams State 6
Western Colorado 37, Colorado Mesa 7
CSU Pueblo 38, Chadron State 21
Black Hills State 48, New Mexico Highlands 31
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Colorado
Utah’s offensive struggles continue vs. No. 18 Colorado
The Utah Utes had a golden opportunity to set the tone early against the Colorado Buffaloes, thanks to an interception by linebacker Lander Barton on the first play of the game. Barton capitalized on Shedeur Sanders’ misstep, returning the pick 17 yards and giving Utah excellent field position. However, the Utes’ inability to find the end zone limited them to a field goal, settling for an early 3-0 lead instead of a commanding start.
Offensive struggles plagued Utah throughout the first half, largely due to their ineffective rushing attack. Without a reliable ground game, the Utes were forced to lean heavily on quarterback Isaac Wilson, who struggled to find a rhythm. Wilson completed only 8 of 20 passes for 62 yards, throwing an interception to Travis Hunter late in the half. The play was a deflating moment for the Utes, as Wilson’s pass, intended for Munir McClain, was tipped by Colorado cornerback Hood before being snagged by Hunter. Although Utah’s defense managed to hold the Buffs scoreless after the turnover, it was yet another missed opportunity for the Utes to shift momentum.
The offensive struggles took a toll on Utah’s defense, which played valiantly but began to wear down under the strain of repeatedly being sent back onto the field. The Utes defense managed to disrupt Sanders’ usual passing dominance, holding him to two touchdowns and one interception. They also applied consistent pressure, sacking Sanders twice and forcing a second turnover. However, Utah’s offense couldn’t capitalize on these defensive efforts, going three-and-out on four consecutive possessions.
Despite their defensive grit, the Utes found themselves trailing 21-9 at halftime. The lack of offensive production and failure to score touchdowns instead of field goals left Utah in a precarious position. To compete with Colorado, the Utes needed to adjust their offensive game plan, particularly along the offensive line, which struggled to match Colorado’s defensive intensity.
If Utah hoped to win, they had to find the end zone and capitalize on Colorado’s sloppy play. With the Buffs likely to make halftime adjustments, Utah’s inability to generate consistent offense threatened to leave them trailing in the second half.
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