2020 Colorado Revised Statutes
Title 37 - Water And Irrigation
Article 87. Reservoirs
Section 37-87-114. Penalty - disposition of fines.
(1) Any reservoir owner or operator failing or refusing, after notice in writing has been given, to obey the reasonable directions of the state engineer as to the construction or safe operation of any reservoir shall be subject to a fine of not less than five hundred dollars for each offense, and each day's continuance after time of notice has expired shall be considered a separate offense. Such fines shall be recovered by civil action in the name of the people by the district attorney, upon the complaint of the state engineer, in the district court of the county where the injury complained of occurred. The proceeds of all fines, after payment of costs and charges of the proceedings, shall be paid into the county treasury for the use of the general fund of the county.
(2) Upon the complaint of the state engineer, the attorney general is authorized to commence proceedings against any reservoir owner or operator for refusing, after notice in writing has been given, to obey the directions of the state engineer as to the construction or safe operation of any reservoir to secure compliance with any such reasonable direction necessary for public safety in the district court of the county wherein any portion of such reservoir is located, pursuant to the Colorado rules of civil procedure; except that, if it appears to the court that the public safety is in jeopardy as the result of a failure to obey the directions of the state engineer, the court shall expedite the proceedings so that determinations may be made with respect to the directions of the state engineer commencing not later than twenty days from the service of the complaint on the owner or operator of a reservoir.
Source: L. 1899: p. 317, § 10. R.S. 08: § 3214. C.L. § 1694. CSA: C. 90, § 92. CRS 53: § 147-5-14. C.R.S. 1963: § 148-5-14. L. 71: p. 1308, § 4. L. 84: Entire section amended, p. 967, § 11, effective April 30. L. 85: (2) amended, p. 1159, § 1, effective April 12.
