(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.
Notes of Decisions
Baseline Farms Two, LLP v. Hennings, 26 P.3d 1209 (Colo. Ct. App. 2001).
· cites it 5× “Plaintiffs assert, however, that this legal standard is inapplicable where private parties act as private attorneys general to enforce state health and water quality control standards pursuant to §§ 25-8-611 and 25-8-612, C.R.8.2000. In support of their position, plaintiffs rely…”
McDaniel v. United States of Am. (D.N.M. 2022).
“Colo. Rev. Stat. Ann. § 25-8-611 (1). This provision does not "create a private cause of action" and recognizes that "water violation determinations may not be used to benefit anyone other than the state.”
— Colo. Rev. Stat. § 25-8-611(1) — 1 case
Baseline Farms Two, LLP v. Hennings, 26 P.3d 1209 (Colo. Ct. App. 2001).
“Plaintiffs assert, however, that this legal standard is inapplicable where private parties act as private attorneys general to enforce state health and water quality control standards pursuant to §§ 25-8-611 and 25-8-612, C.R.8.2000. In support of their position, plaintiffs rely…”
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