§ 25-8-102 — Legislative declaration

Colorado § 25-8-102

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Water Quality Control

Text

(1) In order to foster the health, welfare,
and safety of the inhabitants of the state of Colorado and to facilitate the
enjoyment and use of the scenic and natural resources of the state, it is declared to
be the policy of this state to prevent injury to beneficial uses made of state waters,
to maximize the beneficial uses of water, and to develop waters to which Colorado
and its citizens are entitled and, within this context, to achieve the maximum
practical degree of water quality in the waters of the state consistent with the
welfare of the state. It is further declared that pollution of state waters may
constitute a menace to public health and welfare, may create public nuisances, may
be harmful to wildlife and aquatic life, and may impair beneficial uses of state
waters and that the problem of water pollution in this state is closely related to the
problem of water pollution in adjoining states.

(2) It is further declared to be the public policy of this state to conserve state
waters and to protect, maintain, and improve, where necessary and reasonable, the
quality thereof for public water supplies, for protection and propagation of wildlife
and aquatic life, for domestic, agricultural, industrial, and recreational uses, and for
other beneficial uses, taking into consideration the requirements of such uses; to
provide that no pollutant be released into any state waters without first receiving
the treatment or other corrective action necessary to reasonably protect the
legitimate and beneficial uses of such waters; to provide for the prevention,
abatement, and control of new or existing water pollution; and to cooperate with
other states and the federal government in carrying out these objectives.

(3) It is further declared that protection of the quality of state waters and the
prevention, abatement, and control of water pollution are matters of statewide
concern and affected with a public interest, and the provisions of this article are
enacted in the exercise of the police powers of this state for the purpose of
protecting the health, peace, safety, and general welfare of the people of this state.

(4) This article and the agencies authorized under this article shall be the
final authority in the administration of water pollution prevention, abatement, and
control. Notwithstanding any other provision of law, no department or agency of the
state, and no municipal corporation, county, or other political subdivision, having
jurisdiction over water pollution prevention, abatement, and control, shall issue any
authorization for the discharge of pollutants into state waters unless authorized to
do so in accordance with this article.

(5) It is further declared that the general assembly intends that this article
shall be construed to require the development of a water quality program in which
the water quality benefits of the pollution control measures utilized have a
reasonable relationship to the economic, environmental, energy, and public health
costs and impacts of such measures, and that before any final action is taken, with
the exception of any enforcement action, consideration be given to the economic
reasonableness of the action. Such consideration shall include evaluation of the
benefits derived from achieving the goals of this article and of the economic,
environmental, public health, and energy impacts to the public and affected
persons.

Legislative History

Source: L. 81: Entire article R&RE, p. 1310, � 1, effective July 1.