§ 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.
§ 36-20-105. Administration
The executive director of the department of natural resources is hereby charged with the administration of this article. The director shall issue all permits provided for in this article. The director is hereby empowered to issue rules and regulations the director finds necessary to facilitate the implementation of this article, and the director is authorized […]
§ 36-20-126. Penalties
Any person responsible for conducting a weather modification operation without first having procured the required permit and any person who contracts with or pays another person known to be without a permit to conduct a weather modification operation commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S. Any person […]
§ 36-20-107. Duties of the Director – Rules
The director shall promulgate rules, in accordance with article 4 of title 24, C.R.S., necessary to effectuate the purposes of this article. and (3) Repealed. Source: L. 72: R&RE, p. 635, § 1. C.R.S. 1963: § 151-1-7. L. 73: p. 1535, § 2. L. 92: (1) and (2)(a) amended, p. 957, § 10, effective March […]
§ 36-20-127. Repeal of Article
This article 20 is repealed, effective September 1, 2033. Before its repeal, this article 20 is scheduled for review in accordance with section 24-34-104. Source: L. 91: Entire section added, p. 690, § 70, effective April 20. L. 94: Entire section amended, p. 1457, § 10, effective May 25. L. 96: Entire section amended, p. […]
§ 36-20-108. Powers of the Director
The director may issue permits applicable to specific weather modification operations. For each operation, said permit shall describe the specific geographic area authorized to be affected and shall provide a specific time period during which the operation may continue, which period may be discontinuous but for operations other than ground-based winter cloud seeding may not […]
§ 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 […]