§ 404> License; contents of application

Every application shall set forth all of the following :

(a) The name and post-office address of the applicant.

(b) The previous education, experience, and qualifications of the appli-

cant, or, if the applicant is other than an individual, the previous education,

experience, and qualifications of the persons who will be in control of and

charged with the operations of the applicant.

(c) A general description of the operation which the applicant intends to

conduct and the method and type of equipment that the applicant proposes to

use.

(Added by Stats. 1953, c. 139, p. 904, § 1. )

§ 405. License; issuance; duration

Upon the filing of the application upon a form supplied by the department and

containing the informatio prescribed by this chapter and accompanied by the

required filing fee the department shall issue a license to the applicant entitling

the applicant to conduct the operations described in the application for the calen-

dar year for which the license is issued, unless the license is sooner revoked or

suspended.

(Added by Stats.1953, c. 139, p. 904, § 1.)

Derivation : Stats. 1951, c. 1677, p. 3868, § 6.

§ 406. License; renewal; fee

A license may be renewed annually upon application to the department, accom-

panied by a renewal fee fixed by the department with the approval of the Depart-

518

ment of General Services but not to exceed twenty-five dollars ($25), on or before

(Added by Stats.1953, c 139, p. 904, § 1. Amended by Stats.1965, c. 371, p. 1399,

§293.)

Derivation : Stats.1951, c. 1677, p. 3868, § 6.

Prior to undertaking any operation authorized by the license the licensee shall

tile with the department and cause to be published a notice of intention. The

licensee shall then confine his activities for that operation substantially within

the rime and area limits set forth in the notice of intention,

i Added by Stats.1953, c. 139, p. 904, § 1.)

Derivation : Stats.1951, c. 1677, p. 3868, § 7.

§ .'fOS. Xotice of intention; contents

The notice of intention shall set forth all of the following :

(a) The name and address of the licensee.

(b) The nature and object of the intended operation and the person or

persons on whose behalf it is to be conducted.

(c) The area in which and the approximate time during which the opera-

tion will be conducted.

(d) The area which will be affected by the operation as near as the same

may be determined in advance.

(Added by Stats.1953, c. 139, p. 904, § 1.)

Derivation : Stats.1951, c. 1677, p. 3868, § 8.

§ 409. Xotice of intention; publication

The licensee shall cause the notice of intention to be published pursuant to

Section 6063 of the Government Code in a newspaper having a general circula-

tion and published within any county wherein the operation is to be conducted

and in which the affected area is located, or, if the operation is to be conducted

in more than one county or if the affected area is located in more than one county

or is located in a county other than the one in which the operation is to be con-

ducted, then such notice shall be published in like manner in a newspaper having

a general circulation and published within each of such counties. In case there is

no newspaper published within the appropriate county, publication shall be made

in a newspaper having a general circulation within the county.

(Stats.1953, c. 139, p. 904, § 1. Amended by Stats.1955, c. 482, p. 953, § 1; Stats.

1957, c. 448, p. 1302, § 1.)

§ 410. Xotice of intention; proof of publication

Proof of publication shall be filed by the licensee with the department within

15 days from the date of the last publication of the notice. Proof of publication

shall be by copy of the notice as published attached to and made a part of the

affidavit of the publisher or foreman of the newspaper publishing the notice.

(Added by Stats.1953. c. 139, p. 905, § 1.)

Derivation : Stats.1951, c. 1677, p. 3868, § 10.

S ///. Record of operations

Every licensee shall keep and maintain a record of all operations conducted

by him pursuant to his license showing the method employed, the type of equip-

ment used, the times and places of operation of the equipment, the name and post-

office address of each person participating or assisting in the operation other than

the licensee, and such other information as may be required by the department,

and shall report the same to the department immediately upon the completion of

each operation.

(Added by Stats.1953, c. 139, p. 905, § 1.)

Derivation : Stats.1951, c. 1677, p. 3869, § 11.

§ 'i12. Evaluation statement

Each licensee shall further prepare and maintain an evaluation statement for

each operation which shall include a report as to estimated precipitation, defining

the gain or loss occurring from nucleation activities, together with supporting

data therefor. This statement, together with such other pertinent information as

519

department.

(Added by Stats. 1953, c. 139, p. 905, § 1.)

Derivation : Stat. 1951, c. 1677, p. 3869, § 11.

§ 413. Emergency nucleation project; fire fighting

Notwithstanding any provision of this chapter to the contrary, the department

may grant a licensee permission to undertake an emergency nucleation project,

without compliance by the licensee with the provisions of Sections 407 to 410, in-

clusive, if the same appeal's to the department to be necessary or desirable in aid

of extinguishment of fires.

(Added by Stats. 1953, c. 139, p. 905, §1.)

Derivation : Stats, 1951, c. 1677, p. 3869, § 12.

§ 'flS.o Drought emergency

Notwithstanding any provision of this chapter to the contrary, upon request of

the board of supervisors of a county or of the governing body of a city or a pub-

lic district of the State, and upon the submission of such supporting evidence

as the department may require, the department may grant a licensee permission

to undertake a nucleation project for the purpose of alleviating a drought emer-

gency, without prior compliance by the licensee with the provisions of Section 407

requiring publication of notice of intention, if such project appears to the depart-

ment to be necessary or desirable. Nothing contained in this section shall be con-

strued as to relieve the licensee in such case from compliance with the provisions

of Sections 407 to 410, inclusive, requiring publication of notice of intention and

tiling of proof of such publication, as soon after the granting of permission by the

department as is practicable.

(Added by Stats. 1955, c. 1399, p. 2512, §1.)

§ 'fl'/. License; revocation or suspension; procedure

Any license may be revoked or suspended if the department finds, after due

notice to the licensee and a hearing thereon, that the licensee has failed or re-

fused to comply with any of the provisions of this chapter. The proceedings herein

referred to shall be conducted in accordance with the provisions of the Admin-

istrative Procedure Act, Chapter 5, Part 1, Division 3, Title 2 of the Government

Code and the department shall have all the powers granted therein.

(Added by Stats. 1953, c. 139, p. 905, §1.)

Derivation : Stats. 1951, c. 1677, p. 3869, § 13.

§ Violation; offense

Any person who violates any provision of this chapter is guilty of a misde-

meanor.

Derivation : Stats. 1951, c. 1677, p. 3869, § 14.

§ 285. Weather modification; artificial rainfall; research contracts

The department, either independently or in co-operation with any person or any

county, state, federal, or other agency, to the extent that funds are allocated

therefor, may conduct a program of study, research, experimentation, and evalu-

ation in the field of weather modification, including the production and control

of rainfall by artificial means, and it may contract with public and private or-

ganizations and persons for research relative thereto.

(Added by Stats. 1959, c. 2115, p. 4932, §1.)

Cal. Gov't Code § 53063

§ 5806. Rainfall control

Any county, city, city and county, district, authority or other public corpora-

tion or agency which has the power to produce, conserve, control or supply water

for beneficial purposes shall have the power to engage in practices designed to

produce, induce, increase or control rainfall or other precipitation for the gen-

eral benefit of the territory within it. (Formerly §53062, added Stats. 1955, c.

1823. p. 3365, § 1. Renumbered § 53063. and amended Stats. 1957, c. 65, p. 634, § 4. )

Library references: Waters and Water Courses 121; C.J.S. Waters § 124;

Waters and Water Courses, 180, 183 (1, 2), 190, 198, 202; C.J.S. Waters

§ 228.

520

§ 5093.86 Management and preservation of wilderness areas

(a) Except as otherwise provided in this chapter, each state agency with juris-

diction over any area designated as a wilderness area shall be responsible for pre-

serving the wilderness character of the wilderness area and shall so administer

such area for such other purposes for which it may have been established as also

to preserve its wilderness character. Except as otherwise provided in this chap-

ter, wilderness areas shall be devoted to the public purposes of recreational,

scenic, scientific, educational, conservation, and historical use.

(b) Except as specifically provided * * * in this chapter, and subject to pri-

vate rights existing as of January 1, 1975, there shall be no commercial enter-

prise and no permanent road within any wilderness area and, except as neces-

sary in emergencies involving the health and safety of persons within the wilder-

ness area, there shall be no temporary road, no use of motor vehicles, motorized

equipment, or motorboats, no landing or hovering aircraft, no flying of aircraft

lower than * * * 2,000 feet above the ground, no other form of mechanical trans-

port, and no structure or installation within any wilderness area.

(c) The following special provisions are hereby made :

(1) Within wilderness areas, such measures may be taken as may be

necessary for the control of fire, insects, and diseases, subject to such condi-

tions as the state agency or agencies having jurisdiction over such wilder-

ness areas may deem desirable.

(2) Nothing in this chapter shall prevent any activity by any public

agency within a wilderness area, including prospecting, for the purpose of

gathering information about mineral or other resources, which the state

agency or agencies having jurisdiction over such wilderness area have de-

termined will be carried on in a manner compatible with the preservation

of the wilderness environment.

(3) The state agency or agencies having jurisdiction over wilderness areas

may authorize the collection of hydrometeorological data and the conduct of

weather modification activities, including both atmospheric and surface ac-

tivities and environmental research, which are within, over, or may affect

wilderness areas and for such purposes may permit access, installation, and

use of equipment which is specifically justified and unobtrusively located.

Maximum practical application of miniaturization, telemetry, and camou-

flage shall be employed in conducting weather modification activities. In

granting permission for the conduct of data collection and weather modi-

fication activities, the appropriate state agency may prescribe such operat-

ing and monitoring conditions as it deems necessary to minimize or avoid

long-term and intensive local impact on the wilderness character of the

wilderness areas affected.

(4) Within wilderness areas, the grazing of livestock, where established

prior to January 1. 1975. may be permitted to be continued by the present

lessee or permittee subject to * * * limitation * * * by such terms and

regulations as are deemed necessary by the state agency or agencies having

jurisdiction over such wilderness areas.

(5) The provisions of this chapter shall not apply to the aerial stocking of

fish or to the conduct of aerial surveys of wildlife species.

(Added by Stats. 1974, c. 1196, p. ?58t §2. Amended by Stats. 1975, c. 26,

p. , § 1 ; Stats. 1976, c. 592, p. , § 1.)

Colorado

Colo. Rev. Stat. §36-20-101-36-20-126

Weather Modification

ARTICLE 20

\Y(

Editor's NOTE.— r-The substantive provisions of this article, formerly article 1 of

Chapter 151. C.K.S. 1963. were repealed and reeuaeted in 1972. causing some addi-

tion, reloctaion, and elimination of sections as well as subject matter. (Compare

historical record prior to 1972 of article 1 of chapter 151, C.R.S. 1963, as amended

through L. 71.)

521

3G-20-101. Short title.

36-20-103. Declaration of rights.

36-20-104. Definitions.

36-20-105. Administration.

36-20-106. Advisory committee — appointment — duties.

36-20-107. Duties of the director.

36-20-108. Powers of the director.

36-20-109. License and permit required — exemptions.

36— 20— 110. Issuance of license.

36-20-111. License fee — expiration.

36-20-112. Permit required — when issued.

36-20-113. Permit fee.

36-20-114. Limits of permit.

36-20-115. Modification of permit.

36-20-116. Scope of activity.

36-20-117. Reports of licensee.

36-20-118. Operations affecting weather in other states.

36-20-119. Suspension — revocation — refusal to renew.

36-20-120. Operation under permit.

36-20-121. Hearing required.

36-20-122. Immunity of state or public employees.

36-20-123. Legal recourse — liability — damages.

36-20-124. License or permit as defense in actions.

36-20-125. Judicial review.

36-20-126. Penalty.

36-20-101. Short title. — This article shall be known and may be cited as the

'•Weather Modifietaion Act of 1972".

Source : R & RE, L. 72, p. 632, § 1 ; C.R.S. 1963, § 151-1-1.

36-20-102. Legislative declaration. — The general assembly declares that the

state of Colorado recognizes that economic benefits can be derived for the people

or the state from weather modification. Operations, research, experimentation,

and development in the field of weather modification shall therefore be encour-

aged. In order to minimize possible adverse effects, weather modification activi-

ties shall be carried on with proper safeguards, and accurate information con-

cerning such activities shall be made available for purposes of regulation. While

recognizing the value of research and development of weather modification tech-

niques by governmental agencies, the general assembly finds and declares that

the actual practice of weather modification, whether at public or private expense,

is properly a commercial activity which the law should encourage to be carried

out, whenever practicable, by private enterprise.

Source : R&RE, L. 72. p. 032, § 1 : C.R.S. 1963. § 151-1-2.

36-20-103. Declarator, of right*. — 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 !>e the property of the people of this state, dedicated to their use pursuant

to sections 5 and 6 of article XVI of the Colorado constitution and as otherwise

provided by law. It is further declared that the state of Colorado also claims

the prior right to increase or permit the increase of precipitation by artificial

means for use in Colorado. The state of Colorado also claims the right to modify

weather as it affects the people of the state of Colorado and to permit such

modification by activitv within Colorado.

Source : R & RE, L, 72, p. 632, § 1 ; C.R.S. 1963, § 151-1-3.

36-20-104. Definitions. — As used in this article, unless the context otherwise

requires :

(1» "Advisory committee" or "committee" means the advisory committee ap-

pointed pursuant to this article.

(2) "Director" means the executive director of the department of natural

resources, as created by article 33 of title 24. C.R.S. 1973.

(3) "License" means a certification issued by the director indicating that a

specific person has met the standards for certification as a weather modifier

and is approved to direct weather modification operations in the state.

(4> "Operation" means the performance in Colorado of any activity to attempt

to modify or having the effect of modifying natural weather conditions other

than usual and customary activities not conducted primarily for weather modi-

fication and having only a minor effect on natural weather conditions.

I a i "Permit" means a certification of project approval to conduct a specific

weather modification operation within the state under the conditions and

within the limitations required and established under the provisions of this

article.

<6j "Person" means an individual, partnership, or public or private corpora-

tion or agency, except where the context indicates that "person" is used in the

sense of a living individual.

522

weekly legal notices in at least one newspaper of general circulation in the

county or counties, or portions theerof, included within the proposed operation.

It shall not be necessary that notice be made on the same day of the week in

each of the two weeks, but not less than one week shall intervene between the

tirst publication and the last publication, and notice shall be complete on the

date of the last publication. If there is no such newspaper, notice shall be by

posting in at least three public places within the county, or portions thereof,

included within a proposed operation. Publication of notices provided for in

this article may be made, at the discretion of the director, by notices broadcast

over any or all standard radio, FM radio, television stations, and cable television.

Such broadcast notices shall make reference to locations or publications wherein

details of the subject matter of the notices are located.

(8) "Research and development" means theoretical analysis, exploration,

experimentation, and the extension of investigative findings and theories of a

scientific or techncial nature into practical application for experimentation

and demonstration purposes, including the experimental production and testing

of models, devices, equipment, materials, and processes both in the laboratory and

in the atmosphere.

(9) "Research and development operation" or "research and development

project" means an operation which is conducted solely to advance scientific and

technical knowledge in weather modification. Research and development opera-

tions may be conducted by state or federal agencies, state institutions of higher

education, and bona fide nonprofit research corporations, or by commercial

operators under contracts with such entities solely for research purposes.

(10) "Weather modification" means any program, operation, or experiment

intended to induce changes in the composition, behavior, or dynamics of the

atmosphere by artificial means.

36-20-^105. Administration. — (1) The executive director of the department of

natural resources is hereby charged with administration of this article.

(2) The director shall issue all licenses and permits provided for in this

article. He is hereby empowered to issue rules and regulations he finds neces-

sary to facilitate the implementation of this article, and he is authorized to

execute and administer all other provisions of this article pursuant to the powers

and limitations contained in this article.

Source : R & RE, L. 72, p. 634, § 1 ; C.R.S. 1963. § lol-l-5.

36-20-106. Advisory committee — appointment — duties. — (1) (a) The governor

shall appoint an advisory committee to assist the director in developing licens-

ing standards and report forms, in conducting studies, in establishing minimum

operation requirements, and to advise the director on such other technical and

general matters as the director may request. The director may designate sub-

committees from the advisory committee to assist him in carrying out the pur-

poses of this paragraph (a).

(b) The advisory committee shall be composed of ten persons chosen by the

governor, five of whom shall have appropriate scientific, technical, industrial,

and water resources background and who may reside anywhere within the state:

and live of whom shall be farmers or ranchers who derive the major portion of

their income from agricultural enterprises located within Colorado: One farmer

or rancher shall reside in and be chosen from each of the following river basins in

( Colorado :

(I) One person representing the Gunnison. White, Tampa, and Colorado

river basins ;

(Hi One person representing the San Juan river basin :

(III) One person representing the Rio Grande river basin :

(IV) ( toe person representing the Arkansas river basin : and

(V) One person representing the Republican, South Platte, and North

Platte river basins.

(c) At the tirst meeting of the committee subsequent to the passage of this

section, the ten appointed members of the committee shall draw lots to deter-

mine which four shall hold office for a period of three years, which three shall

li<»ld office for a period of two years, and which three shall hold office for a period

of one year. Thereafter, appointed members to the committee shall hold office

for a period of three years. Any six members of the committee shall constitute a