LEG00236

• Bill Number: SB83-15
• Year: 1983
• Title: Concerning Reservoirs and Relating to the Inspection and Regulation Thereof and the Provision of Liability Insurance Therefor and Making an Appropriation Therefor
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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SECTION 7. Article 87 of title 37, Colorado Revised
Statutes 1973, as amended, is amended BY THE ADDITION OF A NEW

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3 SECTION to read:

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37-87-113.5. Injunction. (1) The state engineer may

commence,

through the attorney general, an action or

6 proceeding under this article, either by mandamus or

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injunction,

for the purpose of stopping violations or

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threatened violations whenever any owner:

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(a) Fails or omits or is about to fail or omit to do

anything required of him by this article or by an order of the

state engineer; or

(b) Does or permits to be done or is about to do or
permit to be done anything in violation of or contrary to this

article or an order of the state engineer.

(2) Any action or proceeding under this section shall be

commenced by petition in the water court of the water division

wherein the reservoir is situated.

The water court shall

18 specify a time, not to exceed twenty days after the service of
19 a copy of the petition, within which the owner or person

complained of shall respond to the petition.

Pri or to such

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21 hearing, the court may issue a temporary restraining order
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22 against such owner or person. Upon response or default of
23 response, the court shall immediately inquire into the facts

24 and circumstances of the case.

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SECTION 8. 37-87-114, Colorado Revised Statutes 1973, is

26 amended to read:

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