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<br />(a) Spend it for the administration of this
<br />
<br />article;
<br />
<br />(b) By grant, contract, or cooperative
<br />arrangement, use the money to encourage research and
<br />development by a public or private agency; or
<br />(c) Use the money to contract for weather
<br />modification operations.
<br />(9) The director shall prescribe those
<br />measurements reasonably necessary to be made prior to
<br />and during all operations to determine the probable
<br />effects of an operation.
<br />
<br />36-20-109. Permit required - exemptions. (1) No
<br />person may engage in activities for weather
<br />modification and control without a weather modification
<br />permit issued by the director; nor may any person
<br />engage in any activities in violation of any term or
<br />condition of the permit.
<br />(2) The director, to the extent he considers
<br />exemptions practical, may provide by regulation for
<br />exempting the following activities from the fee
<br />requirements ofthis article:
<br />(a) Research, development, and experiments
<br />conducted by state and federal agencies, state
<br />institutions of higher education, and bona fide nonprofit
<br />research organizations;
<br />(b) Laboratory research and experiments; and
<br />(c) Activities of an emergency nature for
<br />protection against fIre, frost, hail, sleet, smog, fog, or
<br />drought.
<br />
<br />36-20-110. Issuance oflicense. (Repealed)
<br />
<br />36-20-111. License fee - expiration. (Repealed)
<br />
<br />36-20-112. Permit required - when issued. (1) The
<br />director, in accordance with regulations, shall issue a
<br />weather modification permit to each applicant who:
<br />(a) (Deleted by amendment, L. 96, p. 969, S 8,
<br />effective July 1, 1996.)
<br />(b) Pays the permit fee, if applicable;
<br />(c) Furnishes proof of financial responsibility
<br />adequate to meet obligations reasonably likely to be
<br />attached to or result from the proposed weather
<br />modification operation. Such proof of [mancial
<br />responsibility may, but at the discretion of the director
<br />shall not be required to, be shown by presentation of
<br />proof of a prepaid insurance policy with an insurance
<br />company licensed to do business in Colorado, which
<br />insurance policy shall insure liabilities in an amount set
<br />by the director and provide a cancellation clause with a
<br />thirty-day notice to the director, or by filing with the
<br />director an individual, schedule, blanket, or other
<br />corporate surety bond in an amount approved by the
<br />director. The director shall not require proof of
<br />financial responsibility in excess of the limitations
<br />imposed by section 24-10-114, C.RS., from any
<br />political subdivision of the state authorized to conduct
<br />ground-based winter cloud seeding weather
<br />modification activities pursuant to this article.
<br />
<br />(d) Submits a complete operational plan for
<br />each proposed project prepared by the operator in
<br />control which includes a specific statement of
<br />objectives, a map of the proposed operating area which
<br />specifies the primary target area and shows the area
<br />reasonably expected to be affected, the name and
<br />address of the operator, the nature and object of the
<br />intended operation, the person or organization on whose
<br />behalf it is to be conducted, and a statement showing
<br />any expected effect upon the environment and methods
<br />of determining and evaluating the same. This
<br />operational plan shall be placed on file with the director
<br />and with any other agent as the director may require.
<br />(e) Publishes a notice of intent to modify
<br />weather in the counties to be affected by the weather
<br />modification program before the operator secures a
<br />permit and before beginning operations. The published
<br />notice shall designate the primary target area and
<br />indicate the general area which might be affected. It
<br />shall also indicate the expected duration and intended
<br />effect and state that complete details are available on
<br />request from the operator or the director or from the
<br />other agent specified by the director. The publication
<br />shall also specify a time and place, not more than one
<br />week following the completion of publication, for a
<br />hearing on the proposed project. Proof of publication
<br />shall be furnished to the director by the operator.
<br />(f) Receives approval under the criteria set
<br />forth in subsection (3) of this section;
<br />(g) Provides the information that is requested
<br />by the director regarding the qualifications, education,
<br />and experience of the operator.
<br />(2) Before a permit may be issued, the director
<br />or his authorized agents shall hold a public hearing on
<br />the proposed project. Said hearing shall be held in a
<br />place within a reasonable proximity of the area expected
<br />to be affected by the proposed operation.
<br />(3) No permit may be issued unless the
<br />director determines, based on the information provided
<br />in the operational plan and on the testimony provided at
<br />the public hearing:
<br />(a) (Deleted by amendment, L. 96, p. 969, S 8,
<br />effective July 1, 1996.)
<br />(b) That the project is reasonably expected to
<br />benefit the people in said area or benefit the people of
<br />the state of Colorado;
<br />(c) That the project is scientifically and
<br />technically feasible;
<br />(d) (Deleted by amendment, L. 96, p. 969, S 8,
<br />effective July 1, 1996.)
<br />(e) That the project does not involve a high
<br />degree of risk of substantial harm to land, people,
<br />health, safety, property, or the environment;
<br />(f) That the project is designed to include
<br />adequate safeguards to prevent substantial damage to
<br />land, water rights, people, health, safety, or to the
<br />environment;
<br />(g) That the project will not adversely affect
<br />another project; and
<br />
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