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<br />Jul-02-96 11:59A <br /> <br />p.oa <br /> <br />to that application unless they produce competent, material and <br />relevant evidence as grounds for a protest. Opposition to the <br />application on the grounds that the opponent is morally, ethically <br />or otherwise opposed to weather modification is not a sufficient <br />ground for consideration and must be disregarded. <br /> <br />3) The third issue requires the finding that there is no hi9h- <br />dearee of risk of substantial harm and that there are adequate <br />safeguards to prevent substantial damaae. Please note the <br />underlining of the terms hlah dearee of risk of substantial harm <br />and in the subsequent paragraph substantial damaae. In both <br />instances the legislature has set forth guidelines that must be <br />followed in this determination. The legislature did not use the <br />terms that there would be no risk of harm_but used ~~e adjectives <br />requiring a- firidinq-of-a niah dearee of risk of substantial harm <br />requiring a finding much above the level of simple ordinary concern <br />and requiring that it be of such a high and substantial nature that <br />would cause the ordinary, careful and prudent person to know <br />immunent danger was awaiting any certain action taken. <br /> <br />Again the determination must be made from the evidence at the <br />hearing and the consideration of the operational plan. In no <br />instance is there any suggestion of any ordinary risk, much less <br />rising to a high degree of substantial risk. The evidence at the <br />hearing indicates that the proposed effect would be to stop the <br />formation of ice crystals in the cumulonimbus clouds and that the <br />moisture would fall to earth as rain rather than hail. The <br />alternative then would be that the hail would continue to fall as <br />hail the same as it would have been without the usage of the hail <br />cannon ie no weather modification. There is no suggestion by <br />the evidence or the operational plan that any detrimental effect <br />would occur in the event that the project was unable to accomplish <br />the results exactly set forth in the application. We therefore <br />submit that the applicant has satisfied the requirements of the <br />statue and is entitled to have a weather modification permit issued <br />as requested. <br /> <br />Southern Colorado Farms, Inc. <br /> <br />~ ~. ~-~ <br /> <br />~n-B" ~mithr its Attorney <br />5S N. Torres - Box 416 <br />Center, CO 81125 <br />Atty. Reg. No. 2897 <br />