Severability

13-1-405. Severability. If any provision of this part 4 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this part 4 that can be given effect without the invalid provision or application, and to this end the provisions of this part 4 are severable. Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 218, � 1, effective March 23. ARTICLE 1.5 Uniform Transboundary Pollution Reciprocal Access Act 13-1.5-101. Short title. This article may be cited as the Uniform Transboundary Pollution Reciprocal Access Act. Source: L. 84: Entire article added, p. 451, � 1, effective July 1. 13-1.5-102. Definitions. As used in this article, unless the context otherwise requires: (1) Reciprocating jurisdiction means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States of America, or a province or territory of Canada, which has enacted this article or provides substantially equivalent access to its courts and administrative agencies. (2) Person means an individual person, a corporation, a business trust, an estate, a trust, a partnership, an association, a joint venture, a government in its private or public capacity, a governmental subdivision or agency, or any other legal entity. Source: L. 84: Entire article added, p. 451, � 1, effective July 1. 13-1.5-103. Forum. An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by pollution originating, or that may originate, in this jurisdiction may be brought in this jurisdiction. Source: L. 84: Entire article added, p. 451, � 1, effective July 1. 13-1.5-104. Right to relief. A person who suffers, or is threatened with, injury to his person or property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in this jurisdiction has the same rights to relief with respect to the injury or threatened injury and may enforce those rights in this jurisdiction as if the injury or threatened injury occurred in this jurisdiction. Source: L. 84: Entire article added, p. 452, � 1, effective July 1. 13-1.5-105. Applicable law. The law to be applied in an action or other proceeding brought pursuant to this article, including what constitutes pollution, is the law of this jurisdiction excluding choice of law rules. Source: L. 84: Entire article added, p. 452, � 1, effective July 1. 13-1.5-106. Equality of rights. This article does not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in this jurisdiction. Source: L. 84: Entire article added, p. 452, � 1, effective July 1. 13-1.5-107. Right additional to other rights. The right provided in this article is in addition to and not in derogation of any other rights. Source: L. 84: Entire article added, p. 452, � 1, effective July 1. 13-1.5-108. Waiver of sovereign immunity. The defense of sovereign immunity is applicable in any action or other proceeding brought pursuant to this article only to the extent that it would apply to a person injured or threatened with injury in this jurisdiction. Source: L. 84: Entire article added, p. 452, � 1, effective July 1. 13-1.5-109. Uniformity of application and construction. This article shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this article among jurisdictions enacting it. Source: L. 84: Entire article added, p. 452, � 1, effective July 1. ARTICLE 2 Supreme Court Cross references: For procedural rules adopted by the supreme court, see C.A.R. 1 to 58.