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<br />for experimentation and demonstration purposes,
<br />including the experimental production and testing of
<br />models, devices, equipment, materials, and processes
<br />both in the laboratory and in the atmosphere.
<br />(9) "Research and development operation" or
<br />"research and development project" means an operation
<br />which is conducted solely to advance scientific and
<br />technical knowledge in weather modification. Research
<br />and development operations may be conducted by state
<br />or federal agencies, state institutions of higher
<br />education, and bona fide nonprofit research corporations
<br />or by commercial operators under contracts with such
<br />entities solely for research purposes.
<br />(10) "Weather modification" means any
<br />program, operation, or experiment intended to induce
<br />changes in the composition, behavior, or dynamics of
<br />the atmosphere by artificial means.
<br />
<br />36-20-105. Administration. (1) The executive director
<br />of the department of natural resources is hereby charged
<br />with the administration of this article.
<br />(2) The director shall issue all permits
<br />provided for in this article. The director is hereby
<br />empowered to issue rules and regulations the director
<br />finds necessary to facilitate the implementation of this
<br />article, and the director is authorized to execute and
<br />administer all other provisions of this article pursuant to
<br />the powers and limitations contained in this article.
<br />
<br />36-20-106. Advisory committee - appointment - duties
<br />- sunset review. (Repealed)
<br />
<br />36-20-107. Duties of the director. (1) The director shall
<br />establish rules and regulations, in accordance with
<br />article 4 of title 24, C.R.S., necessary to effectuate the
<br />purposes of this article.
<br />(2) Repealed.
<br />
<br />36-20-108. Powers of the director. (1) The director
<br />may issue permits applicable to specific weather
<br />modification operations. For each operation, said
<br />permit shall describe the specific geographic area
<br />authorized to be affected and shall provide a specific
<br />time period during which the operation may continue,
<br />which period may be discontinuous but for operations
<br />other than ground-based wirlter cloud seeding may not
<br />have a total duration exceeding one calendar year from
<br />the day of its issuance. A separate permit shall be
<br />required for each operation. Permits for ground~based
<br />winter cloud seeding shall have a duration of five years.
<br />If a permit for a ground-based winter cloud seeding
<br />operation is renewed, the second permit shall have a
<br />duration of five years and any third or subsequent
<br />permit shall have a duration of ten years. The director
<br />shall issue only one active permit for activities in any
<br />geographic area if two or more projects therein might
<br />adversely interfere with each other.
<br />(2) The director shall, by regulation or order,
<br />establish standards and instructions to govern the
<br />carrying out of research and development or
<br />
<br />commercial operations in weather modification that the
<br />director considers necessary or desirable to minimize
<br />danger to land, health, safety, people, property, or the
<br />environment.
<br />(3) (a) The director may make any studies or
<br />investigations, obtain any information, and hold any
<br />hearings the director considers necessary or proper to
<br />assist the director in exercising the director's power or
<br />administering or enforcing this article or any regulations
<br />or orders issued under this article.
<br />(b) All hearings conducted under this article
<br />shall be conducted pursuant to the provisions of this
<br />article and article 4 oftitle 24, C.R.S., and the director
<br />or the director's designee shall conduct any hearing
<br />required by this article or the director may, by the
<br />director's own action, appoint an administrative law
<br />judge pursuant to part 10 of article 30 oftitle 24, C.R.S.,
<br />subject to appropriations made to the department of
<br />personnel, to conduct any hearing required by this
<br />article. Any hearing shall be conducted under the
<br />provisions and within the limitations of article 4 or title
<br />24, C.RS., and this article.
<br />(4) (a) The director may, upon approval of the
<br />governor, represent the state in matters pertaining to
<br />plans, procedures, or negotiations for interstate
<br />compacts relating to weather modification, but, before
<br />any such compacts may be implemented, the consent of
<br />the general assembly must be obtained.
<br />(b) The director may represent the state and
<br />assist counties, municipalities, and public agencies in
<br />contracting with commercial operators for the
<br />performance of weather modification or cloud-seeding
<br />operations. Counties, municipalities, and other public
<br />agencies of this state are hereby granted the authority to
<br />contribute to and participate in weather modification.
<br />(5) In order to assist in expanding the
<br />theoretical and practical knowledge of weather
<br />modification, the director may participate in and
<br />promote continuous research and development in:
<br />(a) The theory and development of weather
<br />modification, including processes, materials, ecological
<br />effects, and devices related to such matters;
<br />(b) The utilization of weather modification for
<br />agricultural, industrial, commercial, municipal,
<br />recreational, and other purposes;
<br />(c) The protection of life and property and the
<br />environment during research and operational activities.
<br />(6) The director may conduct and may
<br />contract for research and development activities relating
<br />to the purposes of this article.
<br />(7) The director, subject to limits of the
<br />department of natural resources' appropriation, may hire
<br />any technical or scientific experts or any staff deemed
<br />necessary to carry out the provisions of this article.
<br />(8) Subject to any limitations imposed by law,
<br />the department of natural resources, acting through the
<br />director, may accept federal grants, private gifts, and
<br />donations from any other source. Unless the use of the
<br />money is restricted, or subject to any limitations
<br />provided by law, the director may:
<br />
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