Title 36, Natural Resources - General
0 chapters · 166 sections in this title.
Colo. Rev. Stat. § 36-20-101 Short title
0.1K chars
This article shall be known and may be cited as the Weather Modification Act of 1972. Source: L. 72: R&RE, p. 632, � 1. C.R.S. 1963: � 151-1-1.
Colo. Rev. Stat. § 36-20-102 Legislative declaration
0.9K chars
The general assembly declares that the state of Colorado recognizes that economic benefits can be derived for the people of the state from weather modification. Operations, research, experimentation, and development in the field of weather modification shall therefore be encourag…
Colo. Rev. Stat. § 36-20-103 Declaration of rights
0.8K chars
The general assembly declares that the state of Colorado claims the right to all moisture suspended in the atmosphere which falls or is artificially induced to fall within its borders. Said moisture is declared to be the property of the people of this state, dedicated to their us…
Colo. Rev. Stat. § 36-20-104 Definitions
3.5K chars
As used in this article, unless the context otherwise requires: (1) Repealed. (2) Director means the executive director of the department of natural resources, as created by article 33 of title 24, C.R.S. (2.5) Ground-based winter cloud seeding means the seeding of clouds between…
Colo. Rev. Stat. § 36-20-105 Administration
0.9K chars
(1) The executive director of the department of natural resources is hereby charged with the administration of this article. (2) The director shall issue all permits provided for in this article. The director is hereby empowered to issue rules and regulations the director finds n…
Colo. Rev. Stat. § 36-20-107 Duties of the director - rules
0.6K chars
(1) The director shall promulgate rules, in accordance with article 4 of title 24, C.R.S., necessary to effectuate the purposes of this article. (2) and (3) Repealed. Source: L. 72: R&RE, p. 635, � 1. C.R.S. 1963: � 151-1-7. L. 73: p. 1535, � 2. L. 92: (1) and (2)(a) amended, p. …
Colo. Rev. Stat. § 36-20-108 Powers of the director
5.0K chars
(1) The director may issue permits applicable to specific weather modification operations. For each operation, said permit shall describe the specific geographic area authorized to be affected and shall provide a specific time period during which the operation may continue, which…
Colo. Rev. Stat. § 36-20-109 Permit required - exemptions
0.8K chars
(1) No person may engage in activities for weather modification and control without a weather modification permit issued by the director; nor may any person engage in any activities in violation of any term or condition of the permit. (2) The director, to the extent he considers …
Colo. Rev. Stat. § 36-20-110 Issuance of license. (Repealed)
0.1K chars
Source: L. 72: R&RE, p. 637, � 1. C.R.S. 1963: � 151-1-10. L. 96: Entire section repealed, p. 968, � 6, effective July 1.
Colo. Rev. Stat. § 36-20-111 License fee - expiration. (Repealed)
0.1K chars
Source: L. 72: R&RE, p. 638, � 1. C.R.S. 1963: � 151-1-11. L. 96: Entire section repealed, p. 968, � 7, effective July 1.
Colo. Rev. Stat. § 36-20-112 Permit required - when issued
4.4K chars
(1) The director, in accordance with regulations, shall issue a weather modification permit to each applicant who: (a) (Deleted by amendment, L. 96, p. 969, � 8, effective July 1, 1996.) (b) Pays the permit fee, if applicable; (c) Furnishes proof of financial responsibility adequ…
Colo. Rev. Stat. § 36-20-113 Permit fee
1.2K chars
(1) The fee for each permit or the renewal thereof under section 36-20-114 shall be at least one hundred dollars. If the operation is a commercial project, the director shall set a fee that is sufficient to pay the direct costs of review of the permit application, public hearings…
Colo. Rev. Stat. § 36-20-114 Limits of permit
1.8K chars
(1) Except for ground-based winter cloud seeding, a separate permit is required annually for each operation. If an operation is to be conducted under contract, a permit is required for each separate contract. Subject to the provisions of subsection (2) of this section, a permit m…
Colo. Rev. Stat. § 36-20-115 Modification of permit
1.7K chars
(1) The director may revise the terms and conditions of a permit if: (a) The operator is first given notice and a reasonable opportunity for a hearing on the need for a revision; and (b) It appears to the director that a revision is necessary to protect the health or property of …
Colo. Rev. Stat. § 36-20-116 Scope of activity
0.5K chars
Once a permit is issued, the operator shall confine his or her activities within the limits of time and area specified in the permit, except to the extent that the limits are modified by the director. The operator shall also comply with any terms and conditions of the permit as o…
Colo. Rev. Stat. § 36-20-117 Reports of operator
0.7K chars
(1) The director may promulgate rules requiring any operator who has been issued a weather modification permit to file certain reports regarding operations conducted under the permit. (2) (Deleted by amendment, L. 96, p. 971, � 13, effective July 1, 1996.) (3) All reports filed u…
Colo. Rev. Stat. § 36-20-118 Operations affecting weather in other states. (Repealed)
0.1K chars
Source: L. 72: R&RE, p. 641, � 1. C.R.S. 1963: � 151-1-18. L. 2018: Entire section repealed, (HB 18-1147), ch. 166, p. 1140, � 3, effective August 8.
Colo. Rev. Stat. § 36-20-119 Suspension - revocation - refusal to renew
0.5K chars
(1) The director may suspend or revoke a permit if it appears that the operator no longer has the qualifications necessary for the issuance of an original permit or has violated any provision of this article. (2) The director may refuse to issue another permit to any applicant wh…
Colo. Rev. Stat. § 36-20-120 Operation under permit. (Repealed)
0.1K chars
Source: L. 72: R&RE, p. 641, � 1. C.R.S. 1963: � 151-1-20. L. 96: Entire section repealed, p. 972, � 15, effective July 1.
Colo. Rev. Stat. § 36-20-121 Hearing required
0.5K chars
(1) Except as provided in section 36-20-115, the director may not suspend or revoke a permit without first giving the operator notice and a reasonable opportunity to be heard with respect to the grounds for the director's proposed action. (2) Said hearing shall be conducted by an…
Colo. Rev. Stat. § 36-20-122 Governmental immunity
0.6K chars
The state and its agencies, counties, and municipalities, all other public entities (as defined in section 24-10-103 (5), C.R.S.) within the state, and the officers and employees thereof are immune from liability resulting from any weather modification operations approved or cond…
Colo. Rev. Stat. § 36-20-123 Legal recourse - liability - damages
1.2K chars
(1) The mere dissemination of materials and substances into the atmosphere pursuant to an authorized project shall not give rise to the contention or concept that such use of the atmosphere constitutes trespass or involves an actionable or enjoinable public or private nuisance. (…
Colo. Rev. Stat. § 36-20-124 Permit as defense in actions
0.4K chars
The fact that a person was issued a permit under this article, or that the person has complied with the requirements established by the director pursuant to this article, is not admissible as a defense in actions for damages or injunctive relief brought against the person. Source…
Colo. Rev. Stat. § 36-20-125 Judicial review
0.2K chars
Judicial review of any action of the director may be had in accordance with the provisions of section 24-4-106, C.R.S. Source: L. 72: R&RE, p. 642, � 1. C.R.S. 1963: � 151-1-25. L. 2001: Entire section amended, p. 1277, � 46, effective June 5.
Colo. Rev. Stat. § 36-20-126 Penalties
1.5K chars
(1) (a) Any person responsible for conducting a weather modification operation without first having procured the required permit and any person who contracts with or pays another person known to be without a permit to conduct a weather modification operation commits a class 6 fel…
Colo. Rev. Stat. § 36-20-127 Repeal of article
0.5K chars
This article 20 is repealed, effective September 1, 2033. Before its repeal, this article 20 is scheduled for review in accordance with section 24-34-104. Source: L. 91: Entire section added, p. 690, � 70, effective April 20. L. 94: Entire section amended, p. 1457, � 10, effectiv…