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DELEGATION OF AUTHORITY <br />Pursuant to the delegation of authority by the Executive Director of the Colorado Department of Natural <br />Resources ( "DNR ") on September 25, 1987 and reaffirmed on October 14, 1992, the Director of the <br />Colorado Water Conservation Board ( "CWCB ") directed a CWCB staff member and the Colorado Attorney <br />General's Office to conduct public hearings and develop a Record of Decision on weather modification <br />permits. Administrative Order 03 -04, created in 2004 by DNR Executive Director Russell George, again <br />delegated the authority to administrate the State of Colorado's weather modification program to the CWCB <br />until revised or rescinded. <br />SUMMARY OF ADMINISTRATIVE RECORD <br />In considering and acting upon the weather modification application by Southern Colorado Farms, L.L.C. <br />(SCF) the following information was taken into account and is incorporated as part of this Record of <br />Decision. Written testimony and public hearing comments and submittals are used to aid the Colorado Water <br />Conservation Board (CWCB) and Colorado Attorney General's Office (AGO) in developing the <br />recommendations to either approve, approve with conditions, or deny a request for a weather modification <br />permit application. There are audio files for this public hearing that can be accessed by contacting the <br />CWCB. The public hearing officer did not transcribe statements verbatim but did try to capture the points <br />being made at the public hearing listed below: <br />1. Exhibit A: Application for Weather Modification Permit, dated April 21, 2011 submitted by Mr. <br />Mike Jones of Southern Colorado Farms, LLC. This application includes: <br />A. Responses to the 14 questions of the applicant <br />B. Contact list for the Hail Cannon Operations <br />C. Map of locations of ten hail cannons, no changes in locations were proposed from the <br />previous five year permit. <br />D. Proof of liability insurance from Western Growers Insurance Services for $1,000,000 <br />covering the proposed operational period for 2011. <br />2. Exhibit B: Check 01 8267 from Southern Colorado Farms to the CWCB for the standard $100 <br />application processing fee. <br />3. Exhibit C: Agenda from the May 25, 2011 Public Hearing in Center, Colorado that was 2:30 PM <br />to 4:00 PM. The CWCB requests public hearings for permit applications to solicit public <br />comments to help develop the record of decision. <br />4. Exhibit D: Copy of the Notice of Intent regarding the hail cannon operations that was developed <br />by the applicant, approved by the CWCB and Attorney General's Office for publication for two <br />weeks prior to the hearing in several counties newspapers. <br />5. Exhibit E: Southern Colorado Farms 2010 annual report on operations. Due to limited hail <br />events the cannons were only operated one time in 2010. A goal from previous public hearing <br />discussions was to minimize operations to the time period when hail events were tracking directly <br />over the farming operation. Southern Colorado Farms submitted an operational report and rain <br />and hail data collection information for each year for the previous five years. The previous <br />permit covering 2006 -2010 "is reviewed on a year -by -year basis and approved contingent upon <br />SCF meeting the terms and conditions in the permit ". <br />2 <br />