WMOD00029

• Project Name: Rules and Regulations
• Title: Modification of Weather
• Date: 12/7/1979
• Weather Modification - Doc Type: Rules/Regs/Statutes/Resolutions

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COMMITTEE ON LEGAL SERVI CES

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lEGISLATIVE DRAFTING OFFICE

30 ST ATE CAPITOL
DENVER, COLORADO 80203
TELEPHONE: [phone]

December 7, 1979

MEMORANDUM

TO: Committee on Legal Services

FROM: John M. Polak, Legislative Drafting Office

RE: Department of Natural Resources, Rules Governing

Weather Modification, 2 CCR 401-1

Pursuant to the provisions of section 24-4-108, C.R.S. 1973,
we have examined the above-referenced rules. These rules deal
with licensing to conduct weather modification, issuance of
permits for conducint specific operations, reports on operations,
license and permit fees, and miscellaneous related matters within
such subjects.

The general authority for the executive director to
promulgate rules is set forth in section 36-20-105 (2), C.R.S.
1973. In addition the executive director has specific authority
for rulemaking with respect to certain matters.

Pursuant to section 24-4-108, C.R.S. 1973, this office has
reviewed the above~referenced rules and finds the rules to be
within the statutory authority of the executive director, except
as noted below. We, therefore, recommend that said rules
except those noted below, be extended by the General Assembly.

RULES IN QUESTION
1. 2 CCR 401-1 (II) (D) (6)

o I RECTOR
James C. Wilson, Jr.

QUESTION PRESENTED: Can, with regard to public notice, the
executive director define "publish" so as to require that the
newspaper be "pri nted and pub 1 i shed in each county" in the
affected area?

CONCLUSION: The department cannot so defi ne "pub 1 ish" as f6$~e!{r:!~Pr;-;:~'lf~
term is defined statutorily and such requirement is not contai'ned " L
therein. NOV :< f) 1979 i !!
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