2 Colo. Code Regs. § 401-1-6

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 2 CCR 401-1-6 - Required Information and Proof of Financial Responsibility

A.Required Information. The weather modification permit application must include the following information:

(1) A description of the objectives of the proposed weather modification operation; and

(2) The specific time period for the operation; and

(3) A written description and map identifying the specific target area and the area reasonably expected to be affected by the operation; and

(4) A description of how the operation will be carried out, including, but not limited to, the location of the office, weather data used, aircraft types, seeding devices and material, seeding rates; and

(5) How the proposed operation is designed to provide economic benefit to the target area (applicable to commercial operations only); and

(6) How the proposed operation is reasonably expected to benefit both persons living in the target area and the people of Colorado; and

(7) How the proposed operation is scientifically and technically feasible; and

(8) How the proposed operation is designed for developing the knowledge and technology of weather modification (applicable to research and development operations only); and

(9) The potential risks that the proposed operation could cause, such as harm to land, water, people, health, safety, property and the environment, and the adequate safeguards proposed for use by the operator to prevent harm; and

(10) How other weather modification operations and research projects (if any) could be affected adversely by the proposed operation; and

(11) Any significant expected negative ecological impacts that may result from the operation, such as how precipitation patterns could be altered, how increased runoff would affect erosion, and the environmental impacts of any chemicals utilized in the operation; and

(12) Provide scientific literature and documentation that the proposed form of weather modification is viable and likely to produce the intended effect.

B.Proof of Financial Responsibility. The application must also furnish proof of financial responsibility adequate to meet obligations reasonably likely to be attached to, or result from, the proposed weather modification operation as required by section 36-20-112(c), C.R.S. (2011). Proof of financial responsibility may be shown by evidence of a liability policy of at least $1 million, or three times the value of the weather modification operation, whichever is greater, including proof that the insuring company is authorized to do business in Colorado, and a cancellation clause with a 30-day notice to the Director.

Above these minimum requirements above, Applicants should consider maintaining liability insurance against the effects of weather modification operations, also called consequential loss insurance, which is not normally a part of ordinary liability insurance.

2 CCR 401-1-6