Colorado § 25-8-611 - Proceedings by other parties.

§ 25-8-611. Proceedings by other parties.

(1) The factual or legal basis for proceedings or other actions that result from a violation of any control regulation inure solely to, and shall be for the benefit of the people of, the state generally, and it is not intended by this article, in any way, to create new private rights or to enlarge existing private rights. A determination that water pollution exists or that any standard has been disregarded or violated, whether or not a proceeding or action may be brought by the state, shall not create any presumption of law or finding of fact which shall inure to or be for the benefit of any person other than the state.

(2) A permit issued pursuant to this article may be introduced in any court of law as evidence that the permittee's activity is not a public or private nuisance. Introduction into evidence of such permit and evidence of compliance with the permit conditions shall constitute a prima facie case that the activity to which the permit pertains is not a public or private nuisance.

Source: L. 81: Entire article R&RE, p. 1335, § 1, effective July 1.

ANNOTATION

Neither this section nor § 25-8-612 authorizes injunctions or creates a private cause of action or right to proceed in the public interest. Nor do they explicitly dispense with the requirements for a preliminary injunction as set forth in C.R.C.P. 65. Baseline Farms Two, LLP v. Hennings, 26 P.3d 1209 (Colo. App. 2000).