Where one operator succeeds another at any uncompleted operation, the board shall release the first operator from all liability as to that particular reclamation operation and shall release all applicable performance and financial warranties as to such operation if the successor operator assumes, as part of his obligation under this article, all liability for the reclamation of the affected land, and his obligation is covered by appropriate performance and financial warranties as to such affected land. Where one operator succeeds another, a fee as specified in section 34-32-127 (2) shall be paid to the board before the first operator is released from liability and before any financial warranties are released.
Source: L. 76: Entire article R&RE, p. 743, § 1, effective July 1. L. 81: Entire section amended, p. 1676, § 11, effective June 19. L. 91: Entire section amended, p. 1435, § 10, effective July 1.
Editor's note: This section is similar to former § 34-32-114 as it existed prior to 1976.
Structure Colorado Code
Article 32 - Colorado Mined Land Reclamation Act
§ 34-32-102. Legislative Declaration
§ 34-32-105. Office of Mined Land Reclamation - Mined Land Reclamation Board - Created
§ 34-32-108. Rules and Regulations
§ 34-32-109. Necessity of Reclamation Permit - Application to Existing Permits
§ 34-32-110. Limited Impact Operations - Expedited Process
§ 34-32-112. Application for Reclamation Permit - Changes in Permits - Fees - Notice
§ 34-32-112.5. Designated Mining Operation - Rules
§ 34-32-113. Prospecting Notice - Reclamation Requirements - Rules
§ 34-32-114. Protests and Petitions for Hearing
§ 34-32-115. Action by Board - Appeals
§ 34-32-116. Duties of Operators - Reclamation Plans
§ 34-32-116.5. Environmental Protection Plan - Designated Mining Operation - Rules
§ 34-32-118. Forfeiture of Financial Warranties
§ 34-32-119. Operators - Succession
§ 34-32-120. Permit Refused Defaulting Operator
§ 34-32-121. Entry Upon Lands for Inspection
§ 34-32-121.5. Reporting Certain Conditions
§ 34-32-123. Operating Without a Permit - Penalty
§ 34-32-124. Failure to Comply With Conditions of Order, Permit, or Regulation
§ 34-32-124.5. Emergencies Endangering Public Health or Environment - Definition
§ 34-32-125. Conflict With "Colorado Surface Coal Mining Reclamation Act"
§ 34-32-127. Mined Land Reclamation Fund - Created - Fees - Fee Adjustments - Rules