LEG00143

• Bill Number: SB04-225
• Year: 2004
• Title: Concerning the enforcement of ground water well permit orders
• Legislation - Doc Type: Other CWCB Related Bills - Passed

Ch.310

Water and lrrigation

1165

(i) To ORDER ANY PERSON SUPPLYING ENERGY USED TO PUMP DESIGNATED
GROUND WATER TO PROVIDE, AT REASONABLE 'fIMES, RECORDS OF ENERGY USED TO
PUMP GROUND WATER. THE STATE ENGINEER MAY EXERCISE THIS A!JfHORITY ONLY
IN CONNECTION WITH AN ALLEGED VIOLATION OF THIS ARTICLE. SUPPLIERS OF
ENERGY USED TO PUMP GROUND WATER SHALL NOT BE REQUIRED TO MAINTAIN
RECORDS OF ENERGY USED TO PUMP GROUND WAfER MORE THAN FIVE YEARS AFTER
THE YEAR IN WHICH THE ENERGY IS CONSUMED. SUPPLIERS OF ENERGY USED TO PUMP
GROUND WATER SHALL BE HELD HARMLESS FROM ANY AND ALL CIVIL OR CRIMINAL
LIABILITY WITH RESPECT TO THE TRANSFER OF RECORDS PURSUANT TO TIllS SECTION.
NOTHING CONTAINED IN THIS PARAGRAPH (i) SHALL AFFECT ANY REPORTING
REQUIREMENTS OF THE PUBLIC UTILITIES COMMISSION PURSUANT TO SECTION
40-3-IIO,C.R.S. THIS PARAGRAPH (i) SHALL NOT APPLY TO ANY PERSON DIVERTING
BY MEANS OF A WELL DESCRIBED IN SECTION 31-90-105 (I) (a).

SECTION 2. Article 90 oftiIle 37, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW SECTION to read:

37-90-111.5. Well enforcement - injunction - cash fund. (I)(a) IF AN ORDER
OF THE COMMISSION OR THE ST ATE ENGINEER ISSUED PURSUANT TO SECTION
37-90-105,37-90-107,37-90-108,31-90-110 IN RELATION TO DESIGNATED GROUND
WATER, OR 31-90-111 IS NOT COMPLIED WITH, THE COMMISSION OR THE STATE
ENGINEER IN THE NAME OF THE PEOPLE OF THE STATE OF COLORADO, THROUGH THE
ATTORNEY GENERAL, SHALLAPPL Y TOTHE DISTRICf COURTIN 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 TIlE CIVIL PENALTIES SPECIFIED IN PARAGRAPH (a) OF SUBSECTION
(5) OF THIS SECTION.

(b) IN THE PROCEEDING, THE PREVAILING PARTY SHALL BEENTITLEDTO THE COSTS
UF THE PROCEEDING AND REASONABLE ATTORNEY FEES.

(2) INTHECASEOF AN ORDER WITH RESPECT TO THE WITHDRAWAL OF DESIGNATED
GROUND WATER, THE DESIGNATED GROUND WATER JUDGE IN RULING UPON SUCH
INJUNCTION SHALL CONSIDER, DEPENDING ON THE BASIS FOR THE ORDER, WHETHER
THE DESIGNATED GROUND WATER IS BEING APPLIED TO A BENEFICIAL USE) WHETHER
THE WITHDRAWAL IS CAUSING OR WILL CAUSE INJURY TO PERSONS OR ENTITI~S__ _~_
OWNING OR ENTITLED TO USE WATER UNDER VESTED WATER RIGHTS, AND WHETHER
THE WITHDRAWAL OF DESIGNATED GROUND WAfER IS IN VIOLATION OFTHE STATUTE.
THE RULES ADOPTED BY THE COMMISSION ORST ATE ENGINEER, OR THE WELL PERMIT'S
TERMS AND CONDITIONS.

(3) ANY PERSON WHO HAS AN INTEREST IN TIlE 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 GROUND WATER JUDGE SHALL TRY AND PUNISH THE OFFENDER FOR