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<br />36-20-118. Operations affecti ng weather in other states. Weather control operations may not be carried
<br />on in Colorado for the purpose of affecting weather in any other state if that state prohibits such operations
<br />to be carried on in that state for the benefit of Colorado or its inhabitants.
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<br />Source: R&RE, L. 72, p. 641, ~ 1; CR.S. 1963, ~ 151-1-18.
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<br />36-20-119. Suspension - revocation - refusal to renew. (1) The director may suspend or revoke a license
<br />or permit if it appears that the licensee no longer has the qualifications necessary for the issuance of
<br />an original license or permit or has violated any provision of this article.
<br />(2) The director may refuse to renew the license of, or to issue another permit to/any applicant who
<br />has failed to comply with any provision of this article.
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<br />Source: R&RE, L. 72, p. 641, ~ 1; CR.5. 1963, ~ 151-1-19.
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<br />36-20-120. Operation under permit. Operations under permits may only be carried forvvard by or under
<br />the immediate direction and supervision of a licensee.
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<br />Source: R&RE, L. 72, p. 641, ~ 1; CR.S. 1963, 9 151-1-20.
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<br />36-20-121. Hearing required. (1) Except as provided in section 36-20-115, the director may not sus-
<br />pend or revoke a license or permit without first giving the licensee notice and a reasonable opportunity
<br />to be heard with respect to the grounds for his proposed action.
<br />(2) Said hearing shall be conducted by the advisory committee in the manner provided in section
<br />36-20-106 (2) or in the same manner by a hearing officer.
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<br />Source: R&RE, L. 72, p. 641, ~ 1; CR.S. 1963/ ~ 151-1-21.
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<br />36-20-122. Immunity of state or public employees. Officers or employees of the state or any agency
<br />thereof, or officers or employees of any county or municipality or other public agency of the state, are
<br />immune from liability resulting from any weather modification operations approved or conducted by
<br />them under the provisions and limitations of this article.
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<br />Source: R&RE, L. 72, p. 641, ~ 1; CR.5. 1963, 9 151-1-22.
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<br />AS AMENDED. 36-20-123. Legal recourse-liability-damages. (1) The mere dissemination of
<br />materials and substances into the atmosphere pursuant to an authorized project shall not give rise to
<br />the contention or concept that such use of the atmosphere constitutes trespass or involves an actionable
<br />or enjoinable public or private nuisance.
<br />(2) (a) Failure to obtain a license or permit before conducting an operation, or any actions which
<br />knowingly constitute a violation of the conditions of a permit, shall constitute negligence per se.
<br />(b) The director may order any person who is found to be conducting a weather modification operation
<br />without a license and permit to cease and desist from said operation. Failure to obey said oreler shall
<br />constitute a misdemeanor and is punishable as provided in section 36-20-126.
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<br />Source: R&RE, L. 72, p. 641, ~ 1; CR.S. 1963/ ~ 151-1-23.
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<br />36-20-124. License or permit as defense in actions. The fact that a person holds a license or was issued
<br />a permit under this article, or that he has complied with the requirements established by the director
<br />pursuant to this article, is not admissable as a defense in actions for damages or injunctive relief brought
<br />against him.
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<br />Source: R&RE, L. 72, p. 642, ~ 1; CR.S. 1963, ~ 151-1-24.
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<br />36-20-125. Judicial review of any action of the director or findings of the advisory committee may be
<br />had in accordance with the provisions of section 24-4-106. CR.S. 1973.
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<br />Source: R&RE, L. 72, p. 642, ~ 1; CR.S. 1963, ~ 151-1-25.
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<br />AS AMENDED. 36-20-126. Penalty. Any person conducting a weather modification operation without
<br />first having procured a required license and permit, or who makes a false statement in the application
<br />for a license or permit, or who fails to file any report as required by this article, or who conducts any
<br />weather modification operation after revocation of a license or denial, revocation, modification, or tem-
<br />porary suspension of a permit for operation, or who violates any other provisions of this article is guilty
<br />of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thou-
<br />sand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine.--'
<br />and imprisonment. Each such violation shall be a separate offense.
<br />Source: R&RE, L. 72, p. 642, ~ 1; CR.S. 1963/ ~ 151-1-26.
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