2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-111.5 - Well enforcement - injunction - fines

(1)
(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.
Amended by 2014 Ch. 56,§ 2, eff. 3/21/2014.
L. 2004: Entire section added, p. 1165, § 2, effective May 27. L. 2012: (5)(b) amended, (SB 12-009), ch. 197, p. 792, § 5, effective July 1. L. 2014: IP(1)(a), (2), (5)(a)(II), (5)(b), and (6) amended, (HB 14-1052), ch. 56, p. 255, § 2, effective March 21.