Remedies cumulative

Colo. Rev. Stat. § 25-8-612, under VIOLATIONS, REMEDIES, AND PENALTIES.

Colo. Rev. Stat. § 25-8-612

(1) It is the purpose of this article to provide additional and cumulative remedies to prevent, control, and abate water pollution and protect water quality.

(2) No action pursuant to section 25-8-609 shall bar enforcement of any provision of this article or of any rule or order issued pursuant to this article by any authorized means.

(3) Nothing in this article shall abridge or alter rights of action or remedies existing on or after July 1, 1981, nor shall any provision of this article or anything done by virtue of this article be construed as estopping individuals, cities, towns, counties, cities and counties, or duly constituted political subdivisions of the state from the exercise of their respective rights to suppress nuisances.

Source: L. 81: Entire article R&RE, p. 1336, § 1, effective July 1.

ANNOTATION

Neither this section nor § 25-8-611 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).