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

(h) That the project is designed to minimize
risk and maximize scientific gains or economic benefits
to the residents of the area or the state.

36-20-113. Permit fee. (1) The fee for each permit or
the renewal thereof under section 36-20-114 shall be at
least one hundred dollars. If the operation is a
commercial project, the director shall set a fee that is
sufficient to pay the direct costs of review of the permit
application, public hearings regarding the application,
and monitoring of permit operations under the
provisions of this article. Said fees are intended to
provide at least a portion of the moneys necessary to
administer this article.
(2) Notwithstanding the amount specified for
the fee in subsection (1) of this section, the director by
rule or as otherwise provided by law may reduce the
amount of the fee if necessary pursuant to section 24-
75-402 (3), C.R.S., to reduce the uncommitted reserves
of the fund to which all or any portion of the fee is
credited. After the uncommitted reserves of the fund
are sufficiently reduced, the director by rule or as
otherwise provided by law may increase the amount of
the fee as provided in section 24-75-402 (4), C.RS.

36-20-114. Limits of permit. (1) Except for ground-
based winter cloud seeding, a separate permit is
required annually for each operation. If an operation is
to be conducted under contract, a permit is required for
each separate contract. Subject to the provisions of
subsection (2) of this section, a permit may be granted
for more than one year's duration. A permit for ground-
based winter cloud seeding shall be issued for a period
of five years. If a permit for a ground-based winter
cloud seeding operation is renewed, the second permit
shall have a duration of five years and any third or
subsequent permit shall have a duration often years.
(2) The director may conditionally approve a
project other than ground-based winter cloud seeding
for a continuous time period in excess of one year's
duration. Permits for such operations must be renewed
annually. In approving the renewal of a permit for a
continuous program, the director may waive the
procedures for initial issuance of a permit in section 36-
20-112 and, upon review and approval of the project's
operational record, the director may issue a renewed
pelmit for the operation to continue. In such instances,
the fees imposed pursuant to section 36-20-113 may be
prorated and paid on an annual basis.
(3) A project permit may be granted by the
director without prior publication of notice by the
operator in cases of fire, frost, hail, sleet, smog, fog,
drought, or other emergency. In such cases, publication
of notice shall be performed as soon as possible and
shall not be subject to the time limits specified in this
article or in article 4 oftitle 24, C.RS.

36-20-115. Modification of permit. (1) The director
may revise the terms and conditions of a permit if:

(a) The operator is first given notice and a
reasonable opportunity for a hearing on the need for a
revision; and
(b) It appears to the director that a revision is
necessary to protect the health or property of any person
or to protect the environment.
(2) Ifit appears to the director that an
emergency situation exists or is impending which could
endanger life, property, or the environment, the director
may, without prior notice or a hearing, immediately
modify the conditions of a permit or order temporary
suspension of the permit on the director's own order.
The issuance of such order shall include notice of a
hearing to be held within ten days thereafter on the
question of permanently modifying the conditions or
continuing the suspension ofthe permit. Failure to
comply with an order temporarily suspending an
operation or modifying the conditions of a permit shall
be grounds for immediate revocation of the permit.
(3) It shall be the responsibility of the operator
conducting any operation to notify the director of any
emergency which can reasonably be foreseen or of any
existing emergency situations in subsection (2) of this
section which might in any way be caused or affected
by the weather modification operation. Failure by the
operator to so notify the director of any such existing
emergency, or any impending emergency which should
have been foreseen, may be grounds, at the discretion of
the director, for revocation of the permit for operation.

36-20-116. Scope of activity. Once a permit is issued,
the operator shall confine his or her activities within the
limits of time and area specified in the permit, except to
the extent that the limits are modified by the director.
The operator shall also comply with any terms and
conditions of the permit as originally issued or as
subsequently modified by the director.

36-20-117. Reports of operator. (1) The director may
promulgate rules requiring any operator who has been
issued a weather modification permit to file certain
reports regarding operations conducted under the
permit.
(2) (Deleted by amendment, 1. 96, p. 971, 9
13, effective July 1, 1996.)
(3) All reports filed under the provisions of
this section are declared to be public records subject to
the provisions and limitations of part 2 of article 72 of
title 24, C.R.S.

36-20-118. Operations affecting weather in other states.
Weather control operations may not be carried on in
Colorado for the purpose of affecting weather in any
other state if that state prohibits such operations to be
carried on in that state for the benefit of Colorado or its
inhabitants.

36-20-119. Suspension - revocation - refusal to renew.
(1) The director may suspend or revoke a permit ifit
appears that the operator no longer has the qualifications
49