(1)(a) If an order of the
ground water management district, commission, or state engineer issued pursuant
to section 37-90-105, 37-90-107, 37-90-108, 37-90-110, or 37-90-130 (4) in relation
to designated groundwater or pursuant to section 37-90-111 is not complied with, a
ground water management district in its own name or the commission or state
engineer in the name of the people of the state of Colorado, through the attorney
general, shall apply to the district court in the county in which the water right or
well is situated:
(I)For an injunction enjoining the person to whom such order was directed
from continuing to violate the order. The term injunction includes a temporary
restraining order and mandatory relief.
(II)To recover the civil penalties specified in paragraph (
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(1) (a) If an order of the
ground water management district, commission, or state engineer issued pursuant
to section 37-90-105, 37-90-107, 37-90-108, 37-90-110, or 37-90-130 (4) in relation
to designated groundwater or pursuant to section 37-90-111 is not complied with, a
ground water management district in its own name or the commission or state
engineer in the name of the people of the state of Colorado, through the attorney
general, shall apply to the district court in the county in which the water right or
well is situated:
(I) For an injunction enjoining the person to whom such order was directed
from continuing to violate the order. The term injunction includes a temporary
restraining order and mandatory relief.
(II) To recover the civil penalties specified in paragraph (a) of subsection (5)
of this section.
(b) In the proceeding, the prevailing party shall be entitled to the costs of the
proceeding and reasonable attorney fees.
(2) In the case of an order with respect to the withdrawal of designated
groundwater, the designated groundwater judge in ruling upon such injunction shall
consider, depending on the basis for the order, whether the designated
groundwater is being applied to a beneficial use, whether the withdrawal is causing
or will cause injury to persons or entities owning or entitled to use water under
vested water rights, and whether the withdrawal of designated groundwater is in
violation of the statute; the rules adopted by the ground water management
district, commission, or state engineer; or the well permit's terms and conditions.
The commission, state engineer, and district shall coordinate enforcement actions
to ensure that multiple actions are not filed with regard to the same violation or
failure to comply.
(3) Any person who has an interest in the subject matter of such proceedings
may intervene, if such intervention is timely and will not cause undue delay.
(4) In the case of a violation of an injunction issued under this section, the
designated groundwater judge shall try and punish the offender for contempt of
court. Such proceedings shall be in addition to, and not in lieu of, any other
penalties and remedies, public or private, provided by law.
(5) (a) (I) Any person who diverts designated groundwater contrary to a valid
order of the commission or state engineer issued pursuant to section 37-90-105,
37-90-107, 37-90-108, 37-90-110, or 37-90-111, or in violation of rules adopted by
the commission or state engineer shall forfeit and pay a sum not to exceed five
hundred dollars for each day such violation continues.
(II) Any person who, when required to do so by rules adopted by the ground
water management district, commission, or state engineer, fails to submit data as
to the amounts of designated groundwater pumped from a well, makes a false or
fictitious report of the amounts of designated groundwater pumped from a well,
falsifies any data as to amounts pumped from a well, makes a false or fictitious
report of a power coefficient for a well, or falsifies any power coefficient test shall
forfeit and pay a sum not to exceed five hundred dollars for each violation; except
that this subparagraph (II) does not apply to an order issued pursuant to section 37-90-110 (1)(i).
(III) It is unlawful for any person not authorized by the well owner,
commission, or state engineer to willfully interfere with any power meter, totalizing
flow meter, or other device used to measure designated groundwater diversions.
Any person who willfully damages a power meter, totalizing flow meter, or other
device used to measure designated groundwater diversions or who tampers with or
falsifies any record made or being made by any such power meter, totalizing flow
meter, or other device shall forfeit and pay a sum not to exceed five hundred dollars
for each violation.
(IV) This paragraph (a) shall not apply to any person diverting by means of a
well described in section 37-90-105 (1)(a).
(b) The state engineer shall transmit all fines collected for violations of
paragraph (a) of this subsection (5) to the state treasurer, who shall deposit them in
the water resources cash fund created in section 37-80-111.7 (1); except that a
ground water management district shall collect and retain the fines for a violation
of an order or rule of the ground water management district.
(6) Any person required by a valid order of the ground water management
district, commission, or state engineer, or by existing rules of the ground water
management district, commission, or state engineer, to cease diversions of
designated groundwater or replace depletions caused by diversions of designated
groundwater, and whose failure to adhere to the order or rule results in the violation
of an interstate compact, is liable for all direct, actual, and necessary expenses
incurred by the state of Colorado in performing any action, including the purchase
of water or payment of damages, necessary for the state of Colorado to remedy the
violation of such compact. The ground water management district in its own name
or the commission or state engineer in the name of the people of the state of
Colorado, through the attorney general, shall apply to the district court in the
county in which the water right or well is situated to recover such expenses. If the
ground water management district, commission, or state engineer prevails, the
court shall also award the costs of the proceeding and reasonable attorney fees.