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<br />HUNDRED DOLLARS FOR EACH VIOLATION.
<br />
<br />(d) ANY FINE COLLECTED FOR VIOLATIONS OF THE PROVISIONS OF THIS SUBSECTION (6)
<br />SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE
<br />GENERAL FUND.
<br />
<br />(e) THE STATE ENGINEER AND THE PARTICULAR DIVISION ENGINEER IN THE NAME OF
<br />THE PEOPLE OF THE STATE OF COLORADO, THROUGH THE ATTORNEY GENERAL, SHALL
<br />APPLY TO THE WATER JUDGE OF THE PARTICULAR DIVISION TO RECOVER THE CIVIL
<br />PENALTIES SPECIFIED IN PARAGRAPHS (a), (b), AND (c) OF THIS SUBSECTION (6) OR FOR A
<br />TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, OR PERMANENT INJUNCTION,
<br />AS APPROPRIATE, ENJOINING FURTHER VIOLATIONS OF THIS SUBSECTION (6). IF THE STATE
<br />ENGINEER AND THE DIVISION ENGINEER PREVAIL, THE COURT SHALL ALSO AWARD THE
<br />COSTS OF THE PROCEEDING INCLUDING THE ALLOWANCE OF REASONABLE ATTORNEY FEES.
<br />
<br />(7) ANY PERSON REQUIRED BY A VALID ORDER OF THE SI A IE ENGINEER OR DIVISION
<br />ENGINEER, OR BY EXISTING RULES OF THE STATE ENGINEER, TO REPLACE DEPLETIONS
<br />CAUSED BY DIVERSIONS OF GROUND WATER OR SURFACE WATER AND WHOSE FAILURE TO
<br />REPLACE SUCH DEPLETIONS RESULTS IN THE VIOLATION OF AN INTERSTATE COMPACT
<br />SHALL BE LIABLE FOR ALL DIRECT, ACTUAL, AND NECESSARY EXPENSES INCURRED BY THE
<br />STATE OF COLORADO IN PERFORMING ANY ACTION, INCLUDING THE PURCHASE OF WATER
<br />OR PAYMENT OF DAMAGES, NECESSARY FOR THE STATE OF COLORADO TO REMEDY THE
<br />VIOLATION OF SUCH COMPACT. THE STATE ENGINEER AND THE PARTICULAR DIVISION
<br />ENGINEER IN THE NAME OF THE PEOPLE OF THE STATE OF COLORADO, THROUGH THE
<br />ATTORNEY GENERAL, SHALL APPLY TO THE WATER JUDGE OF THE PARTICULAR DIVISION TO
<br />RECOVER SUCH EXPENSES. IF THE STATE ENGINEER AND THE DIVISION ENGINEER PREVAIL,
<br />THE COURT SHALL ALSO AWARD THE COSTS OF THE PROCEEDING INCLUDING THE
<br />ALLOWANCE OF REASONABLE ATTORNEY FEES.
<br />
<br />SECTION 6. Arkansas river enforcement - appropriation. (1) In addition to any other appropriation,
<br />there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the
<br />department of natural resources for allocation to the state engineer, for the fiscal year beginning July I, 1995,
<br />the sum of three hundred nine thousand nine hundred sixty-three dollars ($309,963) and 3.6 FTE, or so much
<br />thereof as may be necessary, for the implementation of this act.
<br />
<br />(2) In addition to any other appropriation, there is hereby appropriated, to the department of law, for the
<br />fiscal year beginning July I, 1995, the sum of seventy-five thousand eleven dollars ($75,011) and 1.2 FTE, or
<br />so much thereof as may be necessary, for the provision of legal services to the department of natural resources
<br />for purposes of this act. Such sum shall be from general funds received from the state engineer out of the
<br />appropriation made in subsection (I) of this section.
<br />
<br />(3) In addition to any other appropriation, there is hereby appropriated, to the department of personnel for
<br />allocation to the division of central services, for the fiscal year beginning July I, 1995, the sum of eight
<br />thousand eight hundred seventy dollars ($8,870), or so much thereof as may be necessary, for the provision of
<br />leased vehicles to the department of natural resources for purposes of this act. Such sum shall be from general
<br />funds received from the state engineer out of the appropriation made in subsection (I) of this section.
<br />
<br />(4) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general
<br />fund not otherwise appropriated, to the department of natural resources for allocation to the state engineer, for
<br />the fiscal year beginning July 1, 1996, the sum of seven hundred one thousand eight hundred thirty-six dollars
<br />
<br />http://www.state.co.us/govdir/legdir/olls/sI1996/sI.7.htm
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<br />06105/2002
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