§ 36-20-109. Permit Required – Exemptions
No person may engage in activities for weather modification and control without a weather modification permit issued by the director; nor may any person engage in any activities in violation of any term or condition of the permit. The director, to the extent he considers exemptions practical, may provide by regulation for exempting the following […]
§ 36-20-112. Permit Required – When Issued
The director, in accordance with regulations, shall issue a weather modification permit to each applicant who: (Deleted by amendment, L. 96, p. 969 , § 8, effective July 1, 1996.) Pays the permit fee, if applicable; Furnishes proof of financial responsibility adequate to meet obligations reasonably likely to be attached to or result from the […]
§ 36-20-113. Permit Fee
The fee for each permit or the renewal thereof under section 36-20-114 shall be at least one hundred dollars. If the operation is a commercial project, the director shall set a fee that is sufficient to pay the direct costs of review of the permit application, public hearings regarding the application, and monitoring of permit […]
§ 36-20-114. Limits of Permit
Except for ground-based winter cloud seeding, a separate permit is required annually for each operation. If an operation is to be conducted under contract, a permit is required for each separate contract. Subject to the provisions of subsection (2) of this section, a permit may be granted for more than one year’s duration. A permit […]
§ 36-20-115. Modification of Permit
The director may revise the terms and conditions of a permit if: The operator is first given notice and a reasonable opportunity for a hearing on the need for a revision; and It appears to the director that a revision is necessary to protect the health or property of any person or to protect the […]
§ 36-20-116. Scope of Activity
Once a permit is issued, the operator shall confine his or her activities within the limits of time and area specified in the permit, except to the extent that the limits are modified by the director. The operator shall also comply with any terms and conditions of the permit as originally issued or as subsequently […]
§ 36-20-117. Reports of Operator
The director may promulgate rules requiring any operator who has been issued a weather modification permit to file certain reports regarding operations conducted under the permit. (Deleted by amendment, L. 96, p. 971 , § 13, effective July 1, 1996.) All reports filed under the provisions of this section are declared to be public records […]
§ 36-20-119. Suspension – Revocation – Refusal to Renew
The director may suspend or revoke a permit if it appears that the operator no longer has the qualifications necessary for the issuance of an original permit or has violated any provision of this article. The director may refuse to issue another permit to any applicant who has failed to comply with any provision of […]
§ 36-20-121. Hearing Required
Except as provided in section 36-20-115, the director may not suspend or revoke a permit without first giving the operator notice and a reasonable opportunity to be heard with respect to the grounds for the director’s proposed action. Said hearing shall be conducted by an administrative law judge. Source: L. 72: R&RE, p. 641, § […]
§ 36-20-122. Governmental Immunity
The state and its agencies, counties, and municipalities, all other public entities (as defined in section 24-10-103 (5), C.R.S.) within the state, and the officers and employees thereof are immune from liability resulting from any weather modification operations approved or conducted by them under the provisions and limitations of this article. Nothing in this section […]