WMOD00244

• Applicant: Western Kansas Groundwater Management Dist. #!
• Project Name: Muddy Road VI
• Date: 5/1/1980
• Weather Modification - Doc Type: License & Permits

DECISION AND PERMIT~Page two

5.

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

Axticle 20,
The total

6. The Applicant 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 submitted an operation plan for the proposed project
which" is incorporated 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 admission, indicates that there may be instances
when seeding coold unintentionally impact limited areas of Colorado just
west of the Colorado-Kansas border but precautions will be taken to
reduce or eliminate such impacts. Nevertheless, Applicant could not
conclusively state .that such impacts would not occur.

8. Under the legal theory of comity, Colorado may accept the factual
findings rendered by another state pursuant to an applicant that applies
to both states by virtue of the same project.

Applicant has supplied to the Director a weather modification approval
which has been issued for this project by the Kansas State Water Board
on April 24, 1980. It should be noted that the Kansas statute
K.S.A. 82a-14l1 contains similar 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. Furthermore 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 xeports submitted 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
involve 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, 1s designed to
include adequate safeguards to prevent substantial harm to land,
people, health, safety, property, or the environment.

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

13. The project is designed to mlnlIDlze risk and allow for scientific gain
or economic benefit to the residents of the area.

PERMIT GRANTED

A weather modification permit is hereby issued to the applicant,
such permit being applicable solely to the operation described in the
application of March 17, 1980 as modified by the terms and conditions prescribed
below.