Colorado Water Conservation Handbook

• Year: 2004
• Title: CWCB Board Member Handbook
• CWCB Section: Administration
• Author: CWCB
• Description: Handbook containing phone numbers, addresses, statutes, rules, policies, straegic plans and Board member work plans.
• Publications - Doc Type: Other

Weather Modification

36-20-101. Short title.
36-20-102. Legislative declaration.
36-20-103. Declaration ofrights.
36-20-104. Definitions.
36-20-105. Administration.
36-20-106. Advisory committee - appointment-
duties - sunset review. (Repealed)
36-20-107. Duties of the director.
36-20-108. Powers of the director.
36-20-109. Permit required - exemptions.
36-20-110. Issuance oflicense. (Repealed)
36-20-111. License fee - expiration. (Repealed)
36-20-112. Permit required - when issued.
36-20-113. Permit fee.
36-20-114. Limits of permit.
36-20-115. Modification of permit.
36-20-116. Scope ofactivity.
36-20-117. Reports of operator.
36-20-118. Operations affecting weather in other
states.
36-20-119. Suspension - revocation - refusal to

renew.

36-20-120. Operation under permit. (Repealed)
36-20-121. Hearing required.
36-20-122. Governmental immunity.
36-20-123. Legal recourse -liability - damages.
36-20-124. Permit as defense in actions.
36-20-125. Judicial review.
36-20-126. Penalties.
36-20-127. Repeal of article.
36-20-101. Short title. This article shall be known and
may be cited as the "Weather Modification Act of
1972".

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 irlformation 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 expense, is properly a
commercial activity which the law should encourage to
be carried out, whenever practicable, by private
enterprise.

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
otherwise 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.

36-20-104. Defmitions. As used in this article, unless
the context otherwise requires:
(1) Repealed.
(2) "Director" means the executive director of
the department of natural resources, as created by article
33 of title 24, C.R.S.
(2.5) "Ground-based winter cloud seeding"
means the seeding of clouds between the months of
November through May of each year by the use of
ground generation equipment.
(3) (Deleted by amendment, 1. 96, p. 966, S 1,
effective July 1,1996.)
(4) "Operation" means the performance in
Colorado of any activity to attempt to modify or having
the effect of modifying natural weather conditions other
than usual and customary activities not conducted
primarily for weather modification and having only a
minor effect on natural weather conditions.
(4.5) "Operator" means any person who
conducts a weather modification operation in Colorado.
(5) "Permit" means a certification ofproject
approval to conduct a specific weather modification
operation within the state under the conditions and
within the limitations required and established under the
provisions of this article.
(6) "Person" has the same meaning as that
provided in section 2-4-401 (8), C.R.S.
(7) "Publication" or "publish" means a
minimum of at least two consecutive weekly legal
notices in at least one newspaper of general circulation
in the county or counties, or portions thereof, included
within the proposed operation. It shall not be necessary
that notice be made on the same day of the week in each
of the two weeks, but not less than one week shall
intervene betw",en the first publication and the last
publication, and notice shall be complete on the date of
the last publication. If there is no such newspaper,
notice shall be by posting in at least three public places
within the county, or portions thereof, included within a
proposed operation. Publication of notices provided for
in this article may be made, at the discretion of the
director, by notices broadcast over any or all standard
radio, FM radio, television stations, and cable
television. Such broadcast notices shall make reference
to locations or publications wherein details of the
subject matter of the notices are located.
(8) "Research and development" means
theoretical analysis, exploration, experimentation, and
the extension of investigative findings and theories of a
scientific or technical nature into practical application

46