§ 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 […]
§ 36-20-123. Legal Recourse – Liability – Damages
The mere dissemination of materials and substances into the atmosphere pursuant to an authorized project shall not give rise to the contention or concept that such use of the atmosphere constitutes trespass or involves an actionable or enjoinable public or private nuisance. Failure to obtain a permit before conducting an operation, or any actions which […]
§ 36-20-124. Permit as Defense in Actions
The fact that a person was issued a permit under this article, or that the person has complied with the requirements established by the director pursuant to this article, is not admissible as a defense in actions for damages or injunctive relief brought against the person. Source: L. 72: R&RE, p. 642, § 1. C.R.S. […]
§ 36-20-125. Judicial Review
Judicial review of any action of the director may be had in accordance with the provisions of section 24-4-106, C.R.S. Source: L. 72: R&RE, p. 642, § 1. C.R.S. 1963: § 151-1-25. L. 2001: Entire section amended, p. 1277, § 46, effective June 5.