Colorado § 25-7-113 - Air pollution emergencies endangering public welfare anywhere in this state.
Full text of Colorado Colorado Revised Statutes § 25-7-113 — Air pollution emergencies endangering public welfare anywhere in this state., with citation guidance and answers to common questions.
§ 25-7-113. Air pollution emergencies endangering public welfare anywhere in this state.
(1) Whenever the division determines, after investigation, that any person is either engaging in any activity involving a significant risk of air pollution or is discharging or causing to be discharged into the atmosphere, directly or indirectly, any air pollutants and such activity or discharge does not constitute a clear, present, and immediate danger to the health of the public, but is of such a nature as to cause extreme discomfort or that it is an immediate danger to the welfare of the public because such pollutants make habitation of residences or the conduct of businesses subjected to the pollutants extremely unhealthy or disruptive, the division shall:
(a) Issue a written cease-and-desist order to said person requiring immediate discontinuance of such activity or the discharge of such pollutant into the atmosphere, and, upon receipt of such order, such person shall immediately discontinue such activity or discharge; or
(b) Apply to any district court of this state for the district in which the said activity or discharge is occurring for a temporary restraining order, temporary injunction, or permanent injunction as provided for in the Colorado rules of civil procedure. Any such action in a district court shall be given precedence over all other matters pending in such district court. The institution of such injunction proceedings by the division shall confer upon said district court exclusive jurisdiction to determine finally the subject matter of the proceeding; or
(c) Both issue such a cease-and-desist order and apply for any such restraining order or injunction.
Source: L. 79: Entire article R&RE, p. 1030, § 1, effective June 20.
ANNOTATION
Law reviews. For article, "Liabilities of Nonoperating Mineral Interest Owners", see 51 U. Colo. L. Rev. 153 (1980).
Applied in CF&I Steel Corp. v. Colo. Air Pollution Control Comm'n, 199 Colo. 270, 610 P.2d 85 (1980).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 25-7-113
What does Colorado Revised Statutes § 25-7-113 cover?
Section 25-7-113 ("Air pollution emergencies endangering public welfare anywhere in this state.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 25-7-113?
A common citation format is "Colorado Revised Statutes § 25-7-113" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 25-7-113 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.