Colorado Code § 39-7-109

Valuation of severed nonproducing oil or gas mineral interests
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(1) The
actual value of severed nonproducing oil or gas or oil and gas mineral interests shall be
determined by the income approach capitalizing the annual net rental income for such
nonproducing mineral interests at an appropriate market rate. If such severed mineral interests
are unleased, the assessor shall use the average per acre annual rental of all such mineral
interests under lease in the county or in the area to determine the actual value thereof.
(2) For the purposes of this section, "annual rental" means annual rental payments, or
other compensatory payments payable for the right to hold a mineral interest, which payments
are fixed and certain in amount and payable periodically over a fixed period calculated on a
twelve-month basis. "Annual rental" shall be the representative annual rental for such mineral
interests leased within the county or the area, and "annual rental" does not include royalty
payments, advanced royalty payments, bonus payments, or minimum royalty payments covering
periods when the mineral interests are not in production, even though said payments may be
fixed and certain in amount and payable periodically. For the purposes of this subsection (2),
"royalty payments", "advanced royalty payments", and "minimum royalty payments" are
payments attributable to a portion of the current or future mineral production of a mineral
interest, paid for the privilege of producing minerals, and "bonus payments" means
compensation paid as consideration for the granting of a mineral lease or other compensatory
payments which are payable regardless of the extent of use of the mineral interest and which are
fixed and certain in amount and may be payable in one or more periodical increments over a
fixed period.

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