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;, <br />Gele A. Norton <br />Attorney General <br />Raymond T. Slaughter <br />Chief Deputy Attorney General <br />Timothy M. Tymkovich <br />Solicitor General <br />iii iiiiiiiiiiiii iii <br />ul~e Stttt~~ of (1lulnra~n <br />DEPARTMENT OF LAW <br />OFFICE OF TlIE ATTORNEY GENERAL <br />July 16, 1992 <br />M E M O R A N D U M <br />TO: Steve Renner <br />Coal Program Supervisor <br />Division of Mines and Minerals <br />FROM: Frank R. Johnson , <br />Assistant Attorn y~ral <br />RE: Harrison Western Corp.'s culvert <br />110 16th Street - 70th Floor <br />Denver, Colorado 60202 <br />Phone 620-4500 <br />FAX (303)620-4130 <br />You have requested an informal opinion concerning the Division's <br />liability stemming from the approval of the design and location <br />of a culvert installed at the GEC mine site by Harrison Western <br />Corp. ("HWC"). Dr. Corley alleges that the culvert trespasses <br />onto an area leased by Energy Fuels. David Neslin, attorney for <br />HWC, in his July 6, 1992 letter to Dr. Corley, asserts that the <br />"Division would be responsible for, and bear the cost of, remov- <br />ing the culvert...." It is my opinion that the Division has no <br />such responsibility. <br />This matter involves a property rights dispute between HWC and <br />Dr. Corley. Section 34-33-110(2)(j), C.R.S. (1984) specifically <br />denies the Division the jurisdiction to decide such disputes. <br />HWC installed the culvert in order to avoid the forfeiture of its <br />reclamation bond. The Division evaluated the design and location <br />of the culvert for compliance with the Colorado Surface Coal <br />Mining Act, but has no obligation or authority to review title to <br />the real property. HWC bears the responsibility for ensuring <br />that its maintenance and reclamation activities do not violate <br />applicable laws or property rights. <br />