C.R.S. Section 34-33-135
Civil actions

(1)

Subject to the requirements of subsection (2) of this section, any person having an interest which is or may be adversely affected may commence a civil action on such person’s own behalf to compel compliance with the provisions of this article against:

(a)

Any person or governmental agency or instrumentality who is alleged to be in violation of any provision of this article or any rule or regulation promulgated or any order or permit issued pursuant to this article; or

(b)

The board or office when there is alleged a failure of the board or office to perform any act or duty under this article which is not discretionary with the board or office.

(2)

No action may be commenced under:

(a)

Paragraph (a) of subsection (1) of this section prior to sixty days after the plaintiff has given notice in writing of the alleged violation, setting forth such matters as the board shall by regulation prescribe, to the attorney general, the board and office, and any alleged violator;

(b)

Paragraph (b) of subsection (1) of this section prior to sixty days after the plaintiff has given notice in writing of the alleged violation, setting forth such matters as the board shall by regulation prescribe, to the board and office and the attorney general; except that such action may be brought immediately after such notification of the alleged failure of the board or office complained of if such failure constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.

(2.5)

The board or the office may intervene as a matter of right in any action commenced pursuant to paragraph (a) of subsection (1) of this section to which they are not otherwise a party.

(3)

Any action initiated pursuant to this section shall be tried in such county as is provided by the Colorado rules of civil procedure.

(4)

The court, in issuing any final order in any action brought pursuant to subsection (1) of this section, may award costs of litigation, including attorney and expert witness fees, to any party, whenever the court determines such award is appropriate. The court shall, if a temporary restraining order or injunction is sought, require the filing of a bond or equivalent security to the extent required by the Colorado rules of civil procedure.

(5)

Nothing in this section shall restrict any right which any person or class of persons may have under any statute or common law to seek enforcement of any of the provisions of this article or the regulations promulgated under this article or to seek any other allowable relief, including relief against the appropriate state agency.

(6)

Any person who is injured in person or property through the violation by an operator of any rule or regulation promulgated or any order or permit issued pursuant to this article may bring an action for damages, including reasonable attorney and expert witness fees, against such operator only in the county where said violation occurred. Nothing in this subsection (6) shall affect the rights established by or limits imposed under the workers’ compensation laws of this state.

Source: Section 34-33-135 — Civil actions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-34.­pdf (accessed Oct. 20, 2023).

34‑33‑101
Short title 34‑33‑102
Legislative declaration 34‑33‑103
Definitions 34‑33‑104
Administration 34‑33‑105
Jurisdiction of office and board 34‑33‑106
Additional duties of division 34‑33‑107
Powers of department 34‑33‑108
Rules and regulations - no more stringent 34‑33‑109
Permits 34‑33‑110
Application for permit 34‑33‑111
Reclamation plan requirements 34‑33‑112
Small operator assistance 34‑33‑113
Performance bonds 34‑33‑114
Permit approval or denial 34‑33‑115
Revision of permit 34‑33‑116
Technical revision of permit - regulations 34‑33‑117
Coal exploration permit - regulations 34‑33‑118
Public notice and public hearings on complete applications 34‑33‑119
Permit application decisions of the office - appeals 34‑33‑120
Environmental protection performance standards - regulations 34‑33‑121
Surface effects of underground coal mining 34‑33‑122
Inspections and monitoring 34‑33‑123
Enforcement - civil and criminal penalties 34‑33‑124
Review by board 34‑33‑125
Release of performance bonds or deposits 34‑33‑126
Designating areas unsuitable for surface coal mining 34‑33‑127
Public agencies, public utilities, and public corporations 34‑33‑128
Judicial review 34‑33‑129
Surface coal mining operations not subject to this article 34‑33‑130
Data inventory 34‑33‑131
Informal opinion as to alluvial valley floors 34‑33‑132
Special coordination and review process - site-specific agreements 34‑33‑133
Abandoned mine reclamation plan 34‑33‑133.5
Colorado mine subsidence protection program - rules 34‑33‑134
Experimental practices 34‑33‑135
Civil actions 34‑33‑136
Water rights 34‑33‑137
Reservation clause
Green check means up to date. Up to date

Current through Fall 2024

§ 34-33-135’s source at colorado​.gov