WMOD00170

• Contract/Permit #: #81-3
• Applicant: Western Kansas Groundwater Management Dist. #1
• Project Name: Muddy Road VII
• Date: 5/1/1981
• Weather Modification - Doc Type: License & Permits

DECISION AND PERMIT-page Two

5. The Applicant must furnish a permit fee, as specified in Article
20, Title 36, C.R.S. 1973, before any permit can be issued. The
total permit fee, in this case $100, has been paid.

6. The IIPPlicant has furnished proof of financial liability in that
the certificate of insurance tendered with the application in the
amount of $2,000,000 expressly includes the western Kansas
Groundwater Management District #1 and the State of COlorado.

7. The Applicant has sul:mitted an operation plan for the prop:>sed
project which is incorp::>rated into these findings by reference.
Said plan involves seeding in Colorado for up to 15 miles west of
the Colorado-Kansas border but with a target area downwind and
east of Colorado. No COlorado counties are within the planned
target area.

Applicant, by his own admissions, indicates that there may be
instances when seeding could unintentionally Lmpact limited areas
of Colorado just west of the Colorado-Kansas border but
precautions will be taken to reduce or eliminate such irnpactse
Nevertheless, Applicant could not conclusively state that such
irrpacts would not occur e

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8. Under the legal theory of comi ty, Color ado may accept the factual
findings rendered by another state pursuant to an applicant that
applies to both stateS by virtue of the same projecte

Applicant will supply to the Director a weather modification
approval which has been issued for this project by the Kansas
State Water Board on April 21, 1981. It should be noted that the
Kansas statute KeS.Ae 82a-l4ll contains simdlar requirements to
the Colorado statute, particularly C.R.S. 1973, 36-20-112.

To the extent possible, Colorado will support the findings of the
State of Kansas Water Resources Board. Furthernore since the
project does not target areas within COlorado, this state will not
require the same element of proof as normally required for
applications designed to directly affect Colorado.

9. From examination of the documents and reports suhnitted as part of
the application, the program appears to use current state of the
art techniques.

10. The project subject to the conditions of the permit, does not
appear to invove a high degree of risk of substantial harm to
land, people, health, safety, property, or the environment.

11. The project, subject to the conditions of the permit, is designed
to include adequate safeguards to prevent substantial harm to
land, people, health, safety, property, or the envirorunent.

12. The project does not appear to adversely affect another project,
subject to the terms and condi tions of the permit as well as the
measure set forth in the application to insure that said project
will not adversely affect another project.

l3e The project is designed to minimize risk and allow for scientific
gain or economic benefit to the residents of the areae

PERMIT GRI\NI'ED

A weather mc:dification permit is hereby issued to the
applicant, such permit being applicable solely to the operation
described in the application of April 14, 1981 as modified by the
terms and conditions prescribed below.