ELR Citation: ELR 20417
No(s). Civ. C-3064 (D. Colo. Aug 6, 1971)

Plaintiff's attempt to bring qui tam action against alleged polluters of Roaring Fork River in Pitkin County, Colorado, must fail, because the Rivers and Harbors Act of 1899, the alleged violation of which gives rise to this action, is penal in nature and gives no right to private individuals to prosecute under its provisions. Plaintiff's claim that as riparian landowner he can bring an action for damages due to defendants' alleged violation of the Rivers and Harbors Act must also fail, because remedy for a private individual thereunder is limited to actions for injury in the use of navigable waters for purposes of navigation. Plaintiff cannot prevail in a third cause of action based upon the alleged maintenance of a private nuisance by defendants because jurisdiction of the court in such an action must be based upon diversity and the presence of a claim of an amount sufficient to confer jurisdiction, neither of which is stated in plaintiff's complaint.

Counsel for Plantiff:
Dwight K. Shellman Jr.
Wheeler Opera House
Aspen, CO 81611
(303) 925-2710

Counsel for Defendants:
Robert C. Cutter
829 Grand Avenue
Glenwood Springs, CO 81601
(303) 945-6546

John J. Gaudio
Majestic Building
Denver, CO
(303) 534-7621

James F. Pamp
1531 Stout Avenue
Denver, CO
(303) 222-5533

Kenneth D. Barrows
3202 Magnolia
Denver, CO
(303) 756-7570