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<br />Ch.310 <br /> <br />Water and Irrigation <br /> <br />1167 <br /> <br />DIVERSIONS OF DESIGNATED GROUND WATER, AND WHOSE FAILURE TO ADHBRE TO <br />SUCH ORDER OR RULE RESULTS IN THE VIOLATION OF AN INTERSTATE COMPACT, SHALL <br />BE LlABLE FOR ALL DIRECT, ACTUAL, AND NECESSARY EXPENSES INCURRED BY THE <br />STATE OF COLORADO IN PERFORMING ANY ACTION, INCLUDING THE PURCHASE OF <br />WATER OR PAYMENT OF DAMAGES, NECESSARY FOR THE STATE OF COLORADO TO <br />REMEDY THE VIOLA nON OF SUCH COMPACT. THE COMMISSION OR STATE ENGINEER <br />IN THE NAME OF THE PEOPLE OF THE STATE OF COLORADO, THROUGH THE ATTORNEY <br />GEN ERAL, SHALL APPLY TO THE DlSTRICf caUR T IN THE COUNTY IN WHiCH THE WATER <br />RIGHT OR WELL IS SITUATED TO RECOVER SUCH EXPENSES. IF THE COMMISSION OR <br />THE STATE ENGINEER PREVAILS, THE COURT SHALL ALSO AWARD THE COSTS OF THE <br />PROCEEDING AND REASONABLE ATTORNEY FEES. <br /> <br />SECTION 3. Appropriation. (I) In addition to any other appropriation, there <br />is hereby appropriated, out of any moneys in the well enforcement cash fund created <br />pursuant to section 37-90-111.5 (5) (b), Colorado Revised Statutes, to the department <br />of natural resources, executive director's office, for legal services, for the fiscal year <br />beginning July I, 2004, the sum of eight thousaud five hundred eleven dollars <br />($8,511), or so much thereof as maybe necessary, for the implementation of this act. <br /> <br />(2) In addition to any other appropriation, there is hereby appropriated, out of any <br />moneys in the well enforcement cash fund created pursuant to section 37-90-111.5 <br />(5) (b), Colorado Revised Statutes, to the department of natural resources, division <br />of water resources, for the fiscal year beginning July I, 2004, the sum of one <br />thousand four hnudred eighty-nine dollars ($1,489), or so much thereof as may be <br />necessary, for the implementation of this act. <br /> <br />(3) In addition to any other appropriation, there is hereby appropriated, to the <br />department of law, for the fiscal year beginning July I, 2004, the sum of eight <br />thousand five hnndred eleven dollars ($8,511), or so much thereof as may be <br />necessary, for the implementation of this act. Said sum shall be from the <br />appropriation made in subsection (I) of this section. <br /> <br />SECTION 4. Applicability. This act shall apply to acts occurring on or after the <br />effective date of this act. <br /> <br />SECTION S. Safety clause. The general assembly hereby finds, determines, and <br />declares that this act is necessary for the immediate preservation of the public peace, <br />health, and safety. <br /> <br />~R1"oved: Ma)' 27, 2004 <br />