(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
period may be discontinuous but for operations other than ground-based winter
cloud seeding may not have a total duration exceeding one calendar year from the
day of its issuance. A separate permit shall be required for each operation. Permits
for ground-based winter cloud seeding shall have a duration of five years. If a
permit for a ground-based winter cloud seeding operation is renewed, the second
permit shall have a duration of five years and any third or subsequent permit shall
have a duration of te
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(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
period may be discontinuous but for operations other than ground-based winter
cloud seeding may not have a total duration exceeding one calendar year from the
day of its issuance. A separate permit shall be required for each operation. Permits
for ground-based winter cloud seeding shall have a duration of five years. If a
permit for a ground-based winter cloud seeding operation is renewed, the second
permit shall have a duration of five years and any third or subsequent permit shall
have a duration of ten years. The director shall issue only one active permit for
activities in any geographic area if two or more projects therein might adversely
interfere with each other.
(2) The director shall, by regulation or order, establish standards and
instructions to govern the carrying out of research and development or commercial
operations in weather modification that the director considers necessary or
desirable to minimize danger to land, health, safety, people, property, or the
environment.
(3) (a) The director may make any studies or investigations, obtain any
information, and hold any hearings the director considers necessary or proper to
assist the director in exercising the director's power or administering or enforcing
this article or any regulations or orders issued under this article.
(b) All hearings conducted under this article shall be conducted pursuant to
the provisions of this article and article 4 of title 24, C.R.S., and the director or the
director's designee shall conduct any hearing required by this article or the director
may, by the director's own action, appoint an administrative law judge pursuant to
part 10 of article 30 of title 24, C.R.S., subject to appropriations made to the
department of personnel, to conduct any hearing required by this article. Any
hearing shall be conducted under the provisions and within the limitations of article
4 or title 24, C.R.S., and this article.
(4) (a) The director may, upon approval of the governor, represent the state
in matters pertaining to plans, procedures, or negotiations for interstate compacts
relating to weather modification, but, before any such compacts may be
implemented, the consent of the general assembly must be obtained.
(b) The director may represent the state and assist counties, municipalities,
and public agencies in contracting with commercial operators for the performance
of weather modification or cloud-seeding operations. Counties, municipalities, and
other public agencies of this state are hereby granted the authority to contribute to
and participate in weather modification.
(5) In order to assist in expanding the theoretical and practical knowledge of
weather modification, the director may participate in and promote continuous
research and development in:
(a) The theory and development of weather modification, including
processes, materials, ecological effects, and devices related to such matters;
(b) The utilization of weather modification for agricultural, industrial,
commercial, municipal, recreational, and other purposes;
(c) The protection of life and property and the environment during research
and operational activities.
(6) The director may conduct and may contract for research and
development activities relating to the purposes of this article.
(7) The director, subject to limits of the department of natural resources'
appropriation, may hire any technical or scientific experts or any staff deemed
necessary to carry out the provisions of this article.
(8) Subject to any limitations imposed by law, the department of natural
resources, acting through the director, may accept federal grants, private gifts, and
donations from any other source. Unless the use of the money is restricted, or
subject to any limitations provided by law, the director may:
(a) Spend it for the administration of this article;
(b) By grant, contract, or cooperative arrangement, use the money to
encourage research and development by a public or private agency; or
(c) Use the money to contract for weather modification operations.
(9) The director shall prescribe those measurements reasonably necessary
to be made prior to and during all operations to determine the probable effects of
an operation.