§ 34-32.5-118 — Forfeiture of financial warranties

Colorado § 34-32.5-118

• Jurisdiction: Colorado
• Title 34: Mineral
• Art.: Colorado Land Reclamation Act for the

Text

(1) A financial warranty
shall be subject to forfeiture whenever the board determines that one or more of
the following circumstances exist:

(a) The operator has violated a cease-and-desist order entered pursuant to
section 34-32.5-124 and, if corrective action was proposed in such order, has failed
to complete such corrective action although ample time to do so has elapsed; or

(b) The operator is in default under a performance warranty and has failed to
cure such default although the operator has been given written notice and has had
ample time to do so; or

(c) The financial warrantor has failed to maintain a financial warranty in good
standing as required by section 34-32.5-117; or

(d) The financial warrantor no longer has the financial ability to carry out any
obligations required under this article.

(2) When the board has reason to believe a financial warranty is subject to
forfeiture, it shall so notify the operator and all financial warrantors. The board
shall grant the operator and all financial warrantors the right to appear before the
board at a hearing to be held not less than thirty days after the parties' receipt of
such notice. Any such hearing shall be held in accordance with article 4 of title 24,
C.R.S.

(3) (a) At a hearing held pursuant to subsection (2) of this section, the board
may withdraw or modify any determination that the financial warranty is subject to
forfeiture, settle or compromise the determination, or confirm its determination that
the financial warranty should be forfeited.

(b) Upon finding that a financial warranty should be forfeited, the board shall
issue written findings of fact and conclusions of law to support its decision and
shall issue an order directing affected financial warrantors to immediately deliver
to the board all amounts warranted by applicable financial warranties.

(4) (a) The board, upon issuing an order pursuant to subsection (3) of this
section, may request the attorney general to institute proceedings to secure or
recover amounts warranted by forfeited financial warranties. The attorney general
shall have the power, inter alia, to:

(I) Foreclose upon any real and personal property encumbered for the
benefit of the state;

(II) Collect, present for payment, take possession of, and otherwise reduce to
cash any property held as security by the board;

(III) Dispose of pledged property.

(b) and (c) Repealed.

(5) Money recovered by the attorney general in proceedings brought
pursuant to subsection (4) of this section shall be held in the special account
described in section 34-32.5-122 and shall be used to reclaim lands covered by
forfeited warranties. The board has a right of entry to reclaim the lands, and, upon
completion of the reclamation, the board shall present a full accounting to the
financial warrantor and refund all unspent money.

(6) Notwithstanding any discharge of applicable financial warranties, an
operator in default shall remain liable for the actual cost of reclaiming affected
lands less any amounts expended by the board pursuant to subsection (5) of this
section.

(7) Notwithstanding any provision of this section to the contrary, a corporate
surety may elect to reclaim affected lands in accordance with an approved plan in
lieu of forfeiting a bond penalty.

Legislative History

Source: L. 95: Entire article added, p. 1183, � 1, effective July 1. L. 2025: (4)(b) and (4)(c) repealed and (5) amended, (SB 25-054), ch. 200, p. 898, � 17, effective August 6.