WMOD00085

• Contract/Permit #: #96-5
• Applicant: Southern Colorado Farms
• Project Name: Southern Colorado Farms
• Date: 1/1/1996
• Weather Modification - Doc Type: Public Hearing

Jul-,Q2-96 11: 57A

P.OS

county commissioners for publication of legal notices) in the
counties of Mineral, Hinsdale, Gunnison, Chaffe, Fremont, Custer,
Huerfano, Alamosa, and Rio Grande, proofs of publication are
enclosed and will be supplemented as received until complete.

B. HEARING REQUIREMENTS

At the hearing the director must determine based on the information
provided in the operational plan and the testimony at the public
hearing the following;

a. The plan offers promise of providing an economic benefit.

b. Is beneficial~to the people.in.the area an~ the state ,as a
'hole.

c. Is scientifically and technically feasible.

d. Is not applicable.

e. That there is no HIGH DEGREE OF RISK OF SUBSTANTIAL HARM
(emphasis applied) to the land, people, health, safety, property or
the environment.

f. Is designed to include adequate safeguards, to PREVENT
SUBSTANTIAL DAMAGE (emphasis applied) to land water rights, people,
health, safety or environment.

g. Will not adversely affect other projects.

h. It minimizes risk and maximizes scientific gain.

EVIDENTIARY REQUIREMENTS

At a quasi judicial proceeding where evidence is submitted
favoring and Objecting, the testimony of the persons appearing
therein must meet the test of the following three requirements:

a. The testimony must be competent.

b. The testimony must be relevant.

c. The testimony must be material.

1. COMPETENT - competency relates to the ability of evidence to
prove the truth of the matter being asserted. It must be such as
to be convincing to an ordinarily careful and prudent person.

2. RELEVANT - relates to the relationship of the evidence to
the question to be determined in the hearing. Any testimony
unrelated to the issues to be determined is irrelevant and must be