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<br />FINDINGS OF FACT
<br />
<br />1. The purpose of the application in this matter is to augment natural
<br />precipi\tation (within the Project Area as disclosed on the map >lhich is attached
<br />hereto as Appendi x "A") to provi de additi ona 1 >later suppl i es, throu~h i nCl'Eased
<br />sno>lpacks in the drainage basins of the Upper Rio Grande and Conejos Rivers
<br />and Alamosa Creek and >lith resultant increased run-off into the storage systems
<br />in these basins, to use for agricultural, industrial or domestic purposes,
<br />
<br />2, The Applicant is a corporation, The person >lho >lill be in field
<br />control of the Project for which the permit is requested is Laurence M.
<br />Hjermstad, a meteorologist and holder of Weather Modification License Number 10,
<br />issued pursuant to the Weather Modification Act of J972 of the State of
<br />Colorado. For the past four years, Mr. Hjermstad has been the Project Manager
<br />for the Bureau of Reclamation's pilot project, a >leather modification program
<br />conducted primarily in the southeastern portion of the San Juan Mountains of
<br />Colorado, herein called the Colorado River Basin Pilot Project.
<br />
<br />3. The value of the contract for the project is $42,900.00. The permit
<br />fee in the amount of $858.00 has been paid.
<br />
<br />4. At the time of the hearing, Mr, Laurence M. Hjermstao had been
<br />assured by the Jenkins Insurance Agency (an insurance broker licensed to do
<br />business in the State of Colorado, >lith offices in Denver, Colorado), that
<br />the Jenkins Insurance Agency will issue a liability policy in the amount of
<br />at least one million dollars to the Applicant to nleet obligations reasonably
<br />likely to be attached to or result from the proposed >leather modification
<br />operation. '
<br />
<br />5. The Applicant has submitted a complete operational plan to the Director
<br />of the Colorado Department of Natural Resources as prepared by Laurence M.
<br />Hjermstad, the Licensed Operator in control of the Project, whose address is
<br />Route 1, Box 139, Ignacio, Colorado. '
<br />
<br />6. The Primary Target Area of the operations for >lhich the Weather
<br />Modification Permit is sought is described as the >latersheds or upper drainage
<br />basins of the upper Rio Grande River above Del Norte, Colorado; the Conejos
<br />River above Mogote, Colorado; and the Alamoso Creek, above Capulin, Colorado,
<br />>lithin the south>leatern San Luis Valley and portions of the >lestern half of
<br />Conejos County, the southwestern half of Rio Grande County, the middle portion
<br />of Hinsdale County east of the Continental Divide, the northern t>lO thirds of
<br />Mineral County and the extreme southeastern tip of Archuleta 'County.
<br />
<br />7. The general area beyond the Primary Target Area which may reasonably
<br />be expected to be affected by the >leather modification operations for which the
<br />Permit is sought includes all or a portion of the following counties within the
<br />State of Colorado: Costilla, Alamosa, Saguache, Gunnison, Ouray, San Juan and
<br />La Plata--a11 as shown on Appendix "A."
<br />
<br />8. Notice of intent to modify weather in the counties to be affected by
<br />the weatner modification program was submitted by the Applicant in a timely
<br />manner to ne>lspapers serving those counties as required by CRS ~6-20-113(e)
<br />(1973). However, at the time of the public hearing, the Applicant had not
<br />received proof of publication from newspapers for Gunnison, San Juan, Costilla,
<br />Hinsdale, Mineral and Rio Grande counties.
<br />
<br />9. The project contemplates the seeding of storms from primarily southerly
<br />winds, from infrequent southeasterly winds, and from northwesterly and northerly
<br />>linds, Approximately 25 percent of the 80.to 90 storms that occur.over.the
<br />San Juan Mountains during an average winter will be in this windflow and could
<br />potentially be considered for operations in the Project Area.
<br />
<br />, .lO.'.The.determination of storms to.be seeded Vii 11 ,be made by the Licensed
<br />Operator based on weather iriformation-and the results and findings obtained
<br />from the Colorado Ri ver Bas i n Pi 1 at Project, 'and the Licensed Operator IS
<br />independent knowledge and experience gained from other Vleather modification
<br />activities in Colorado,
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