Colorado § 25-8-607 Restraining orders and injunctions

Colorado Statutes

§ 25-8-607 — Restraining orders and injunctions

Colorado § 25-8-607

Title 25Public

Art.Water Quality Control

This text of Colorado § 25-8-607 (Restraining orders and injunctions) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 25-8-607 (2026).

Text

(1)The division may request the district attorney for the judicial district with jurisdiction pursuant to subsection

(2)of this section or the attorney general to bring, and if so requested it shall be the duty of such district attorney or the attorney general to bring, a suit for a temporary restraining order, preliminary injunction, or permanent injunction to prevent any threatened violation of this article or any order, permit, or control regulation issued or promulgated pursuant to this article which violation poses imminent and substantial endangerment to the beneficial uses of state waters and which cannot be timely prevented by a permit modification or permit enforcement action, or any continued violation of this article, or any order, permit, or control regulation issued

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(1) The division may request
the district attorney for the judicial district with jurisdiction pursuant to subsection
(2) of this section or the attorney general to bring, and if so requested it shall be the
duty of such district attorney or the attorney general to bring, a suit for a temporary
restraining order, preliminary injunction, or permanent injunction to prevent any
threatened violation of this article or any order, permit, or control regulation issued
or promulgated pursuant to this article which violation poses imminent and
substantial endangerment to the beneficial uses of state waters and which cannot
be timely prevented by a permit modification or permit enforcement action, or any
continued violation of this article, or any order, permit, or control regulation issued
or promulgated pursuant to this article. In any suit for a violation of an order, the
final findings of the division, after opportunity for a hearing, based upon evidence in
the record, shall be prima facie evidence of the facts found in such record.

(2) Suits under this section shall be brought in the district or county court for
the district or county in which the violation or threatened violation occurs.
Emergencies shall be given precedence over all other matters pending in such
court. The institution of such injunction proceeding by the division shall confer upon
such court exclusive jurisdiction to determine finally the subject matter of the
proceeding; except that the exclusive jurisdiction of the court shall apply only to
such injunctive proceeding and shall not preclude assessment of civil penalties or
any other enforcement action or sanction authorized by this article.

Legislative History

Source: L. 81: Entire article R&RE, p. 1334, � 1, effective July 1. L. 94: Entire section amended, p. 643, � 1, effective April 14; (1) amended, p. 1650, � 96, effective May 31.