WMOD00110

• Project Name: Modification Act of 1972
• Date: 1/1/1972
• Weather Modification - Doc Type: Rules/Regs/Statutes/Resolutions

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36-20-104. Definitions. As used in this outicle. unless the Cl)nlext otherwise
requires: .
(I) "A.dvisory cqmmittcc," or OIcqmlnittcc" mCf!ns t~c advisory commit-
I~c nrp(lintcd pursuDnt (0 lhi,s article; . '. . .
(~), "Director" means the executive director or the department.of natural
resources. as created bv article J3 of title 24. C.R.S. 1973. '
(3) "License'" means a ccrtific:ltion isslIed by the director indicating that:.
a specific person has"met the stnndards for certification as:a weather modifier
and is npl1roved"(o direct weather modification opcnI"tions in t"he state.
(4) "Opcrntion" means the performance in Colorado of "any activity to .
attempt to modify or having the effect .of modifying natural weather condi- :
tions other than usual and customary nctivities not conducted primurily for
wc,lthel' modi.ficntion and having only a ll1inor. effect On ,natural weather
conditions. ,. "' " ". : :
(5) "Permit" mcuns a certification of project npproval" (0 conduct a spe-
cific weather modificntioi1 operation within the slale under"the conditions and"
withi!) "tqc .limitations required and established under the provisions of this
mUcic. . '" "".-.'
(f;) "Person"" means an individual. f:'nttnership. or l1ublic or privDte cor~
poration,'or agency, except where the context indicates that "person" is used
in the sen.se of (t living individual.
(7) "PublicHtion" or "publish" means a minimum of allcast two consecu-
tive weekly legal notices in nt least one newspnpcr of general circuJution in
the county or counties. or portions ther.eof. included within the propo'sed
oper;ttit)n. It shall not be necessary, that notice be mndc on the. snme day
of the week in eilch of the two weeks. but not less th;1n on.e week shall inter-
vene belwc~n the first publication and the l;1st public<l.tion. amJ notice shall
be complete 011 the date of the last publication. If there is no sllch new~paper I
notice sh;,lIl be by posting in at least three public pl'acc;s "within lhe county.
or portions thereof. included within ~1 proposed operation. Publication of
notices provided for in this article may be madc. <It the di~crefion of the
director. by notices" broadcast over" any or all standard radio. PM radio, tclc-
vi.sion stations. and c:nble television. Such broadcast notices shall make refer-
ence to locations or publications "wherein details of the subject matter of the
notices are located.
" (8) "Research and development" means theoret!cnl analysis. expJoration,
experimentation. and the extension of investigative findings and "theories of
a scientific or technical nature into pmctical application for experjment~tioll
and dcmllOstratioll purposes. including the experimental production and test-
ing of models. devices. equipment. matcriuls. and processes both in thc lab-
oratory and in the atmosphcre.
(9) "Research and developmenl opcrution" Ill' "~ese"arch I1ml develop-
ment project" means an operation which is conducted solely to ntlvance"
sCientific and technical knowledge in w.eather modification. Research .md
development"operations may be" conducted by state "or federal agencies. state
jnstitlltion~ of ~igh~r -education. and bona fide nonprofit research corpora~
tions. or lly commercial operators under contracts with such entities solely
for research purposes. '_
(10) "Wcnther modification" means any program. operi1lion. or expert-
Illclit inlcndL'u.lo induce changes in the composition: behavior. or dynamics.
of the atnll1sphcrc by ilrtific!al m~ans. .

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5 .. R & RE L 72 P 633 · I' C. R S 1963. ~ 151-1-4: L. 73.
ollrcc: . . ., . y . . . .
"1535.~ I. '.",." r ." :"" Ilof.nrticle70(lflitle24.
Crass rt'h:ttnc(!: For publ1cahon 0 IClli\1 notlcelio. compare par "
36-20'105. . AdmlnistratiOli. (I) The executive d.ir~ctor, of Ihe ~epar~m'
of nntur"l remurces is hereby charged With the admJI1l~tratlon ?f thiS nr~tcli
(2) The director shall issue all licenses and permlls ~rovlded for In t
article. He is hereby empowered t? issue ru.les a~d regulatIons. he fInds.nee.
sary to facilitate the implementation of. thts artlcle~ and. he ts authOrIZed
execute and administer all. oth~r pr~vlsl~ns of thiS article purs~ant to t
powers nnd limitations contalOed~ln thl~ arucle.
. Source: R &RE. L. 72. p. 634. ~ I: C.R.S. 1963. ~ 151-1-5.
36-20-106. Ad,lsory cOl1uniltc. . appointment.. duties., (1) (a) The gov:
nor shall appoint an advisory committ~e to ,aSSist, the dlr~ctor. In dcvel.op!
licensing Ml.Indnrds nod report Corms. In con~uctlllg st.UdICS. III establl~hl
minimum operation requirements. and, to adVise the director on. such oH
technical and general matters as the director may. request. T.he d.lrc~tor m
dcsign;"le subcommittees from the advisory committee to assist hint III car;
ing out the purposes of this p'aragraph (a). ,. .
(b) The advisory committee shall be composed ~r ten. persons. chosen
the governor. five of whom shall have appropriate SClentl,f1c. teehnlc<l.l. m,dl
trial. t1l1d wnter :rcsourccs background and who may reSide nny~vhere wltl
(he slate: and five of whom shall be farmers or ranchers who d~rlye the ma,
portion of their income froll1 agricultun\1 enterprises located wlthtn Colorm
,one farmer or rancher shall reside in and be chosen from each of the folic
iug river basins in Colonldo: ".'.
(I) 'One persoo representing the Gunl1lson. Wlute. Yampa. and Cola,"
river hasins: ."".
(II) One person representr~g the Sa~ Juan rivc\ baSin: .
(III) One person rcprcsent!ng the RIO Grand~ nv~r b~sJn~
(IV) One persall representmg the Arkansas river bas,"; and
(V) One person representing the Republican. South Pia tie. and No
Platte river hasins. .
(c) At the first meelil~g of the committee subsequent to the passage
this section. the ten appomted members or the co~mlltee shall draw lots
determine which four shall hold office for a pert ad of three yeurs. wh
three shall hold office for a pel'iod of two years. and .whlch three shall h
officc" rur ~\ flcriod of one year. Th~reafter. apPOinted mem~ers to
committee shall hold office for a period of three years. Any SIX memb
of the committee shall constilute a quorum. "
" (2)" (0) When any person shall file II v~rifi~d c~mplilint nllegi~g d~mn,
ilS a resull of IIn opcraliol1 or rlmt an ?per~llol~ IS hemg .cond~cted to vl?lnt
of the requirements of n permit or In vl~latlOn o~ thiS artJ~le. lh~ dtree
shull either convene lhe advisory committee. which s~all Inves.lIgate.
,complaint and "shall cunduct u hcuring or he may appo~n.t a hearing ~ff1
pursuant to section J6-20-IOR (3) (b). Thereafter a deCISIon s~;dl be 1<51
in accordance with article 4 of title 24. C.R.S. 197J. St!eh deCISIOn shall
include any determimltion ilS to the amount of dam~\ges. Ir any.. .
(h) The record of the hearing. includin~ all eVI.de~cc. exhibIts. and ot
p.lpcrs presented or considered. togcther With. al! findings of fne! nnd coni
sinns of law. shllll be available to any PllTty In mterest fur use In ilnY act
for judicial review or a Irial for dUmages. subject to applicable rules of l
denee.

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