Laserfiche WebLink
<br />~ <br /> <br />general matters as he shall direct. In appointing sudl committee, the <br />director shall consider including, but is not limited to, persons <br /> <br />actually engaged in farming or ranching and persons Hi th appropriate <br />scientific, technical, industrial, and Hater resource background, and <br /> <br />he shall cnnsider, <br /> <br />in making said appointments, the diverse <br /> <br />geographical interests of the state. <br />(2) (a) Whenever any person shall file a verified complaint <br />alleging substantial damages as a result of willful or negligent <br /> <br />I <br />" <br />I <br /> <br />miscnnduct of an operation or that an operation is being conducted in <br />violation of the requirements of a pennit or in violation of this <br />article, the director shall cnnvene the advisory caroni ttee, which <br />shall investigate the complaint and shall condUct a hearing and issue <br /> <br />a decision in accnrdance with article 16 of chapter 3, C.R.S. 1963. <br /> <br />Sud] decision shall not include any determination as to the amotmt of <br /> <br />damages, if any. <br />(b) The record of the hearing, including all evidence, exhibits, <br />and other papers presented or cnnsidered, together with all findings <br />of fact and cnnclusions of lal, , shall be available to any patty in <br /> <br />interest for use in any action for judicial revieH or a trial for <br /> <br />damages. <br /> <br />5T AFF COMMENTS <br /> <br />suIt of weather modification activities. <br /> <br />Under subsectiDn 2, the Director can con- <br />vene the advisory ~ommittee to hear and deter- <br />m~ne the fact~ of any complaint. In such a capa- <br />c~ty, the adv~sory cDmmittee would provide the <br />f~rstlevel of adjudication on issues arising as <br />a result of weather mDdification activities. <br />Hopefully, the board would provide an impartial <br />analysis Df all issues and facts arising from a <br />weather modification activity. If a court case <br />resulted subsequent to the board's review of the <br />facts, the courts would have the board's find- <br />ings available. Of course, the board's findings <br />and the facts presented, could still be reviewed <br />and challenged. <br />