C.R.S. Section 37-90-111.5
Well enforcement

  • injunction
  • fines

(1)

Intentionally left blank —Ed.

(a)

If an order of the ground water management district, commission, or state engineer issued pursuant to section 37-90-105, 37-90-107, 37-90-108, 37-90-110, or 37-90-130 (4) in relation to designated groundwater or pursuant to section 37-90-111 is not complied with, a ground water management district in its own name or the commission or state engineer in the name of the people of the state of Colorado, through the attorney general, shall apply to the district court in 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 the civil penalties specified in paragraph (a) of subsection (5) of this section.

(b)

In the proceeding, the prevailing party shall be entitled to the costs of the proceeding and reasonable attorney fees.

(2)

In the case of an order with respect to the withdrawal of designated groundwater, the designated groundwater judge in ruling upon such injunction shall consider, depending on the basis for the order, whether the designated groundwater is being applied to a beneficial use, whether the withdrawal is causing or will cause injury to persons or entities owning or entitled to use water under vested water rights, and whether the withdrawal of designated groundwater is in violation of the statute; the rules adopted by the ground water management district, commission, or state engineer; or the well permit’s terms and conditions. The commission, state engineer, and district shall coordinate enforcement actions to ensure that multiple actions are not filed with regard to the same violation or failure to comply.

(3)

Any person who has an interest in the 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 groundwater judge shall try and punish the offender for contempt of court. Such proceedings shall be in addition to, and not in lieu of, any other penalties and remedies, public or private, provided by law.
(5)(a)(I) Any person who diverts designated groundwater contrary to a valid order of the commission or state engineer issued pursuant to section 37-90-105, 37-90-107, 37-90-108, 37-90-110, or 37-90-111, or in violation of rules adopted by the commission or state engineer shall forfeit and pay a sum not to exceed five hundred dollars for each day such violation continues.

(II)

Any person who, when required to do so by rules adopted by the ground water management district, commission, or state engineer, fails to submit data as to the amounts of designated groundwater pumped from a well, makes a false or fictitious report of the amounts of designated groundwater pumped from a well, falsifies any data as to amounts pumped from a well, makes a false or fictitious report of a power coefficient for a well, or falsifies any power coefficient test shall forfeit and pay a sum not to exceed five hundred dollars for each violation; except that this subparagraph (II) does not apply to an order issued pursuant to section 37-90-110 (1)(i).

(III)

It is unlawful for any person not authorized by the well owner, commission, or state engineer to willfully interfere with any power meter, totalizing flow meter, or other device used to measure designated groundwater diversions. Any person who willfully damages a power meter, totalizing flow meter, or other device used to measure designated groundwater diversions or who tampers with or falsifies any record made or being made by any such power meter, totalizing flow meter, or other device shall forfeit and pay a sum not to exceed five hundred dollars for each violation.

(IV)

This paragraph (a) shall not apply to any person diverting by means of a well described in section 37-90-105 (1)(a).

(b)

The state engineer shall transmit all fines collected for violations of paragraph (a) of this subsection (5) to the state treasurer, who shall deposit them in the water resources cash fund created in section 37-80-111.7 (1); except that a ground water management district shall collect and retain the fines for a violation of an order or rule of the ground water management district.

(6)

Any person required by a valid order of the ground water management district, commission, or state engineer, or by existing rules of the ground water management district, commission, or state engineer, to cease diversions of designated groundwater or replace depletions caused by diversions of designated groundwater, and whose failure to adhere to the order or rule results in the violation of an interstate compact, is liable for all direct, actual, and necessary expenses incurred by the state of Colorado in performing any action, including the purchase of water or payment of damages, necessary for the state of Colorado to remedy the violation of such compact. The ground water management district in its own name or the commission or state engineer in the name of the people of the state of Colorado, through the attorney general, shall apply to the district court in the county in which the water right or well is situated to recover such expenses. If the ground water management district, commission, or state engineer prevails, the court shall also award the costs of the proceeding and reasonable attorney fees.

Source: Section 37-90-111.5 — Well enforcement - injunction - fines, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑90‑101
Short title 37‑90‑102
Legislative declaration 37‑90‑103
Definitions - repeal 37‑90‑104
Commission - organization - expenses 37‑90‑105
Small capacity wells 37‑90‑106
Determination of designated groundwater basins - exception - legislative declaration - repeal 37‑90‑107
Application for use of groundwater - publication of notice - conditional permit - hearing on objections - well permits 37‑90‑107.5
Replacement plans 37‑90‑107.6
Aquifer storage-and-recovery plans - publication - objection - hearing - rules 37‑90‑108
Final permit - evidence of well construction and beneficial use - limitations 37‑90‑109
Priority - discontinuance orders - grounds 37‑90‑110
Powers of the state engineer 37‑90‑111
Powers of the ground water commission - limitations 37‑90‑111.5
Well enforcement - injunction - fines 37‑90‑112
Notice - publication 37‑90‑113
Hearings 37‑90‑114
Other administrative hearings 37‑90‑115
Judicial review of actions of the ground water commission or the state engineer 37‑90‑116
Fees 37‑90‑117
Water conservation board - duties 37‑90‑118
Ground water management districts - formation 37‑90‑119
Creation of districts - proposal - submission - changes - proposed boundaries 37‑90‑120
Management districts - petition - signatures required - filing 37‑90‑121
Management districts - petition - contents - minor defects - amendment 37‑90‑122
Management district - petition - certification of signatures - hearing - notice - publication 37‑90‑123
Management districts - hearing - objections - change of boundaries 37‑90‑124
Election on organization 37‑90‑125
Filing decree 37‑90‑126
Management district - directors - qualifications - oath or affirmation - bond - vacancies 37‑90‑127
Management district - directors - election - term of office 37‑90‑128
Management district - directors - no compensation - expenses 37‑90‑129
Management district - officers - election 37‑90‑130
Management districts - board of directors - enforcement 37‑90‑131
Management district - board of directors - control measures - hearing - notice - publication - order 37‑90‑132
Management district - board of directors - taxes - levy - limitation 37‑90‑133
Management district - claims - warrants - payment 37‑90‑134
Management district - issuance of bonds - indebtedness - submission to electors 37‑90‑135
Management district - dissolution - procedure - funds - disposition 37‑90‑137
Permits to construct wells outside designated basins - fees - permit no groundwater right - evidence - time limitation - well permits - rules 37‑90‑138
Waste - violations - permits 37‑90‑139
Existing beneficial uses not recorded - fee 37‑90‑140
Inclusion of lands 37‑90‑141
Exclusion of lands 37‑90‑142
State engineer - action upon permit 37‑90‑143
Owners of well permits - update for name and contact information
Green check means up to date. Up to date

Current through Fall 2024

§ 37-90-111.5’s source at colorado​.gov