Laserfiche WebLink
<br />AANOLD ~ POATEA <br />Mr. Michael Lonq <br />December 9, 1992 <br />Page 8 <br />2. Harrison Western Cannot Perform Certain of <br />the Reclamation Obligations. Further, despite its best <br />efforts, Harrison Western is unable to perform certain <br />of the reclamation obligations that are secured by the <br />Bond. As discussed above, the Compliance Agreement <br />requires Harrison Western to construct the diversion <br />ditch, and the Division has indicated that the ditch is <br />properly located. Nevertheless, Corley is seeking a <br />court order requiring Harrison Western to remove the <br />ditch, which would, in turn, subject the pond to flood- <br />ing and sedimentation by the 300 Acres. <br />If successful, Corley's lawsuit will preclude <br />Harrison Western from performing certain of the reclama- <br />tion obligations that are allegedly covered by the Bond. <br />Under these conditions, release of at least that portion <br />of the Bond that covers the diversion ditch and pond, as <br />well as amendment of the Compliance Agreement to remove <br />these obligations, is appropriate. See Colo. Rev. Stat. <br />§ 34-33-113(5) (amount and terms of bond shall be ad- <br />justed from time to time for good cause as affected <br />acreage or reclamation costs change). <br />3. Other Reclamation Obligations Will Be <br />Rendered Futile by Sheridan's Work. Finally, as noted <br />above, to comply with its own reclamation responsibil- <br />ities, Sheridan will be required to disturb a corridor <br />running through the middle of the Bonded Area. This <br />will undo part of the prior reclamation work, could ren- <br />der additional work on the pond and drainage futile, and <br />may adversely affect the remainder of the Bonded Area. <br />It will also further confuse matters, by making another <br />party responsible for a portion of the Bonded Area and <br />thereby creating difficult allocation issues between <br />Harrison Western and Sheridan. For example, who will be <br />responsible if the pond later fills with sediment?; or <br />if there is a problem with one of the rock check dams?; <br />or if there are revegetation problems which may be due <br />to Sheridan's work but are outside the area it disturbs? <br />Under these circumstances, Harrison western submits that <br />release of the entire Bond is appropriate under Colo. <br />Rev. Stat. § 34-33-113(5). <br />In sum, the Board had no authority to accept the <br />Bond or to retain it beyond the option term. Further, <br />release of the Bond is now appropriate inasmuch as the <br />landowner, Corley, is prohibiting Harrison Western from <br />