Title 36, Natural Resources - General

(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…

(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 (2) and (3) Repealed.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. …

(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…

(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 …

(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…

(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…

(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…

(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 …

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…

(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…

(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…

(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…

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…

(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. (…

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…

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.

(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…

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…