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<br />FINDINGS <br /> <br />. 1. Because hail cannons are intended to inhibit the formation of hail and/or to modify the <br />physical condition of hail as it is falling, they are attempts to modify the weather and as such, <br />they are subject to the permitting requirements under the state's Weather Modification Act <br />and Weather Modification Rules and Regulations. <br /> <br />2. The Statutes and the Rules do not expressly address the use of hail cannons, but do expressly <br />include terms relating to cloud seeding, including aircraft types. Hail cannons do not rely <br />upon the release of any material into the atmosphere, and the target areas for hail cannons are <br />significantly smaller than for cloud seeding operations. <br /> <br />3, An application for a Colorado weather modification permit has been properly made by <br />Colorado Southern Farms, LLC, of Center, Colorado, which is the sponsor of the proposed <br />- -project.. - - - - . - - - - . - - - - - . - - <br /> <br />4. The person proposed to be in charge ofthe project for the applicant is Mr. Mark Inness, Farm <br />Manager for Southern Colorado Farms, LLC, of Center, Colorado, who is qualified by <br />professional experience (5 years observation, study, and operation of hail cannons) to <br />conduct weather modification operations in the state, <br /> <br />5, The permit application review fee of$JOO.OO has been paid by Southern Colorado Farms, <br />LLC, by check No. 003962 dated May 21,2001. [S 36-20-112(1)(b), CRS] <br /> <br />6. Proof of financial responsibility has been provided by the applicant by means of a Certificate <br />of Liability Insurance dated May 3 1,2001 issued by The Cline Agency, Inc" of Alamosa, <br />Colorado, which is licensed to do business in Colorado, as evidence that the applicant is <br />covered by commercial general liability insurance in the aggregate amount of $1 million <br />through Travelers Property Casualty. [ S 36-20-1 12(1)(c), CRS] <br /> <br />7, The proposed operational plan for the project submitted by the applicant meets the <br />requirements of S 36-20-112(1)( d), CRS, <br /> <br />8, Section 36-20- 112(1)( e) requires a permit applicant to publish notice of intent to rnodify <br />weather in the counties to be affected by the weather modification program, with such notice <br />designating the primary target area and the general area that may be affected, Rule 2 of the <br />Colorado Weather Modification Rules (2 CCR 401-1) provides that counties that may <br />reasonably be expected to be affected by a weather modification project include, at a <br />minirnwn, counties adjacent to the county containing the target area. However, based upon <br />the relatively small target area of hail cannons, counties adjacent to the county containing the <br />target area would not reasonably be expected to be affected by the use ofhail cannons, unless <br />an adjacent county's border is within a few miles so that noise from the blast chamber might <br />be heard. Proposed hail cannon #8 is located approximately 1,0 rnile from Rio Grande <br />County and proposed hail cannons #1 through #7 are between 2.5 and 5,5 miles from <br />A1amosa County, so some people living in those adjacent counties might reasonably be <br />expected to be affected by the proposed operation. Due to the discrete nature and limited <br /> <br />4 <br />