C.R.S. Section 25-1.5-207
Damages and injunctive relief to prevent or abate release of contaminants in water

(1)

Intentionally left blank —Ed.

(a)

Except as provided in section 25-1-114.1 (3), any political subdivision or public water system which stores, releases, carries, conveys, supplies, or treats water for human consumption may bring suit to collect damages and for injunctive relief, in addition to all remedies otherwise available to prevent or abate any release or imminent release of contaminants or substances which, in water withdrawn for use, results or would likely result in:

(I)

A violation, at the point where the contaminant or substance enters or would enter the intake of the water treatment system of the same or another political subdivision or public water system, of any minimum general sanitary standard or regulation adopted pursuant to this part 2, and the existing treatment system cannot effectively treat the contaminant or substance in question so as to assure that treated water complies with such standard or regulation; or

(II)

Significant impairment of the normal operational capability of a water treatment system which meets the applicable specifications of the department for water treatment; or

(III)

Rendering the system’s drinking water supply unfit for human consumption. Where there are no minimum general sanitary standards, water shall be deemed unfit for human consumption where it is shown that the risk of adverse human health effects from exposure to carcinogens in that water is greater than one times ten to the minus sixth power or greater than the acceptable levels of exposure to noncarcinogens as determined by the reference dose method.

(b)

Such an action may be maintained against any person who owns or operates the source or sources of the release of the contaminants, but no such action may be maintained with regard to surface or underground agricultural return flows except as otherwise provided in the “Colorado Chemigation Act”, article 11 of title 35, C.R.S. Damages, including the costs of any remedy ordered or approved by the court shall include, as appropriate, those incurred in providing an interim substitute drinking water supply and monitoring and responding to the release or imminent release of contaminants or substances.

(2)

Other remedies.
Except as provided in this subsection (2), nothing in this section shall be construed to restrict or preempt any right which the state, the department, any public water system, or any other person may have under any other law to seek enforcement, in any court or in any administrative proceeding, of any provision of this section or any other relief regarding contamination of any drinking water supply. In addition, nothing in this section shall be construed to condition, restrict, or prevent any other civil or criminal actions which may be brought by the state or any political subdivision pursuant to any other state or federal statute or regulation or any local ordinance or regulation; except that, with respect to any release or substantial threat of release of a hazardous substance, pollutant, or contaminant addressed in pleadings or otherwise in a lawsuit brought pursuant to the federal “Comprehensive Environmental Response, Compensation and Liability Act of 1980”, 42 U.S.C. sec. 9601 et seq., or by the terms and conditions of a remedial action plan, removal order, consent decree, or other order or decree entered or issued by a court or administrative body of competent jurisdiction pursuant to such federal act, any person or entity which is a defendant in such a lawsuit or is subject to the terms and conditions of such a remedial action plan, removal order, consent decree, or other order or decree, shall not be subjected with respect to the same release or substantial threat of release of a hazardous substance, pollutant, or contaminant to any suit, action, or liability pursuant to section 25-1-114.1 (3); nor shall such person or entity be subject to any suit, action, or liability initiated or prosecuted by a political subdivision or a public water system pursuant to this section with respect to any release or substantial threat of release of a hazardous substance, pollutant, or contaminant which has been addressed by relief granted, or by measures implemented or legally required to be implemented, pursuant to a lawsuit brought pursuant to such federal act or the terms and conditions of a remedial action plan, removal order, consent decree, or other order or decree entered or issued by a court or administrative body of competent jurisdiction pursuant to such federal act. Nothing in this section shall be construed to bar a political subdivision or public water system from seeking to recover pursuant to applicable law its damages which have been reasonably incurred for the protection of the human health if enforceable arrangements to pay such damages have not otherwise been made.

Source: Section 25-1.5-207 — Damages and injunctive relief to prevent or abate release of contaminants in water, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑1.5‑101
Powers and duties of department - laboratory cash fund - office of suicide prevention - suicide prevention coordination cash fund - report - dispensation of payments under contracts with grantees - definitions 25‑1.5‑102
Epidemic and communicable diseases - powers and duties of department - rules - definitions 25‑1.5‑103
Health facilities - powers and duties of department - rules - limitations on rules - definitions - repeal 25‑1.5‑104
Regulation of standards relating to food - powers and duties of department 25‑1.5‑105
Detection of diseases - powers and duties of department 25‑1.5‑106
Medical marijuana program - powers and duties of state health agency - rules - medical review board - medical marijuana program cash fund - subaccount - created - “Ethan’s Law” - definitions - repeal 25‑1.5‑106.5
Medical marijuana health research grant program 25‑1.5‑107
Pandemic influenza - purchase of antiviral therapy - definitions 25‑1.5‑108
Regulation of dialysis treatment clinics - training for hemodialysis technicians - state board of health rules - definitions - repeal 25‑1.5‑109
Food allergies and anaphylaxis form for schools - powers and duties of department 25‑1.5‑110
Monitor health effects of marijuana - report 25‑1.5‑111
Suicide prevention commission - created - responsibilities - gifts, grants, or donations - reimbursement for expenses - definition - repeal 25‑1.5‑112
Colorado suicide prevention plan - established - goals - responsibilities - funding - definition 25‑1.5‑113
Crisis and suicide prevention training grant program - creation - process - reporting requirements - fund - definitions 25‑1.5‑114
Freestanding emergency departments - licensure - requirements - rules - definitions 25‑1.5‑115
Opiate antagonist bulk purchase fund - creation - rules - report - appropriation - definition - repeal 25‑1.5‑115.3
Non-laboratory synthetic opiate detection tests - appropriation - definitions - repeal 25‑1.5‑115.5
Fentanyl prevention and education campaign - website 25‑1.5‑116
Costs associated with living organ donation - definitions 25‑1.5‑117
Hospitals - standardized health benefit plan - participation - penalties 25‑1.5‑118
Training for staff providing direct-care services to residents with dementia - rules - definitions 25‑1.5‑120
Natural medicine testing and standards - rules 25‑1.5‑201
Definitions 25‑1.5‑202
Water - minimum general sanitary standards 25‑1.5‑203
Water - powers and duties of department - rules 25‑1.5‑204
Inspection for violations of minimum general sanitary standards relating to quality of drinking water 25‑1.5‑205
Advice to other entities 25‑1.5‑206
Applicability 25‑1.5‑207
Damages and injunctive relief to prevent or abate release of contaminants in water 25‑1.5‑208
Grant program for public water systems and domestic wastewater treatment works - small communities water and wastewater grant fund - rules 25‑1.5‑209
Drinking water fee - drinking water cash fund - repeal 25‑1.5‑210
Best practices for residential rooftop precipitation collection 25‑1.5‑301
Definitions 25‑1.5‑302
Administration of medications - powers and duties of department - record checks - rules 25‑1.5‑303
Medication reminder boxes or systems - medication cash fund 25‑1.5‑401
Legislative declaration 25‑1.5‑402
Definitions 25‑1.5‑403
Primary care office - creation 25‑1.5‑404
Primary care office - powers and duties - rules 25‑1.5‑405
Visa waiver program fund 25‑1.5‑406
School nurse grant program - creation - eligibility - award of grants - rules - report - legislative declaration - definitions 25‑1.5‑407
Practice-based health education grant program - creation - primary care office to administer 25‑1.5‑501
Legislative declaration 25‑1.5‑502
Definitions 25‑1.5‑503
Colorado health service corps - program - creation - conditions 25‑1.5‑503.5
Scholarship program for addiction counselors - creation - eligibility - conditions 25‑1.5‑504
Colorado health service corps advisory council - creation - membership - duties 25‑1.5‑505
Advisory council - report 25‑1.5‑506
Colorado health service corps fund - created - acceptance of grants and donations - annual appropriation from marijuana tax cash fund - repeal 25‑1.5‑601
Short title 25‑1.5‑602
Definitions 25‑1.5‑603
Applicability to volunteer health practitioners 25‑1.5‑604
Regulation of services during emergency 25‑1.5‑605
Volunteer health practitioner registration systems 25‑1.5‑606
Recognition of volunteer health practitioners licensed in other states 25‑1.5‑607
No effect on credentialing and privileging 25‑1.5‑608
Provision of volunteer health or veterinary services - administrative sanctions 25‑1.5‑609
Relation to other laws 25‑1.5‑610
Rules 25‑1.5‑611
Civil liability for volunteer health practitioners - vicarious liability 25‑1.5‑612
Workers’ compensation coverage 25‑1.5‑613
Uniformity of application and construction 25‑1.5‑701
Health survey for birthing parents
Green check means up to date. Up to date

Current through Fall 2024

§ 25-1.5-207’s source at colorado​.gov