WMOD00565

• Title: Snow Augmentation Research Needs - A History of Weather Modification in Colorado
• Date: 6/1/1982
• State: CO
• Weather Modification - Doc Type: Report

WEATHER MODIFICATION

ARTICLE 20
Weather Modification
Editor's note: The substantive provisions of this article, formerly article 1 of chapter 131, CR.S. 1963,
were repealed and reenacted in 1972, causing some addition, relocation, and elimination of sections
as well as subject matter. (Compare historical record prior to 1972 of article 1 of chapter 151, CR.S. 1963,
as amended through L. 71.)

36-20-101. Short title.
36-20-102. Legislative declaration.
36-20-1 CD. Declaration of rights.
36-20-104. Definitions.
36-20-105. Administration.
36-20-106. Advisory committee - appointment - duties.
36-20-107. Duties of the director.
36-20-108. Powers of the director.
36-20-109. License and permit required - exemptions.
36-20-110. Issuance of license.
36-20-111. License fee - expiration.
36-20-112. Permit required - when issued.
36-20-113. Permit fee.
36-20-114. Limits of permit.
36-20-115. Modification of permit.
36-20-101. Short title. This article shall be known and may be cited as the "Weather Modification Act
of 1972".

36-20-116.
36-20-117.
36-20-118.
36-20-119.
36-20-120.
36-20-121-
36-20-122.
36-20-123.
36-20-124.
36-20-125.
36-20-126.

Scope of activity.
Reports of licensee.
Operations affecting weather in other states.
Suspension - revocation - refusal to renew.
Operation under permit.
Hearing required.
Immunity of state or public employees.
Legal recourse -liability - damages.
License or permit as defense in actions.
Judicial review.
Penalty.

Source: R&RE, L. 72, p. 632, 9 1; CR.S. 1963,9 151-1-1.

Law review. For comment on Beere v. Miller. 157 Colo. 502, 403 P. 2d 862 (1965), see 43 Den. L.J.
243 (1966).

36-20-102. Legislative declaration. The general assembly declares that the state of Colorado recognizes
that economic benefits can be derived for the people of the state from weather modification. Operations,
research, experimentation, and development in the field of weather modification shall therefore be
encouraged. In order to minimize possible adverse effects, weather modification activities shall be carried
on with proper safeguards, and accurate information concerning such activities shall be made available
for purposes of regulation. While recognizing the value of research and development of weather modification
techniques by governmental agencies, the general assembly finds and declares that the actual practice
of weather modification, whether at public or private expenses, is properly a commercial activity which
the law should encourage to be carried out, whenever practicable, by private enterprise.

Source: R&RE, L. 72, p. 632, 9 1; CR.S. 1963, 9 151-1-2.

36-20-103. Declaration of rights. The general assembly declares that the state of Colorado claims the
right to all moisture suspended in the atmosphere which falls or is artificially induced to fall within its
borders. Said moisture is declared to be the property of the people of this state, dedicated to their use
pursuant to sections 5 and 6 of article XVI of the Colorado constitution and as other"vise provided by
law. It is further declared that the state of Colorado also claims the prior right to increase or permit the
increase of precipitation by artificial means for use in Colorado. The state of Colorado also claims the
right to modify weather as it affects the people of the state of Colorado and to permit such modification
by activity within Colorado.

Source: R&RE, L. 72, p. 632, 9 1; CR.S. 1963, 9 151-1-3.

Cross references. As to water of streams as public property, see also 9 5 of art. XVI. Colo. Const. As
to diverting unappropriated water, see 9 6 of art. XVI, Colo. Const.
36-20-104. Definitions. As used in this article, unless the context otherwise requires:
(1) "Advisory committee" or "committee" means the advisory committee appointed pursuant to this
article.
(2) "Director" means the executive director of the department of natural resources, as created by article
33 of title 24. CR.S. 1973.
(3) "License" means a certification issued by the director indicating that a specific person has met
the standards for certification as a weather modifier and is approved to direct weather modification opera-
tions in the state.

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