(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.
(2) (a) Failure to obtain a permit before conducting an operation, or any actions which knowingly constitute a violation of the conditions of a permit, shall constitute negligence per se.
(b) The director may order any person who is found to be conducting a weather modification operation without a permit to cease and desist from said operation. Any person who fails to obey said order commits a class 6 felony and shall be punished as provided in section 181.3-401, C.R.S.
Source: L. 72: R&RE, p. 641, § 1. C.R.S. 1963: § 151-1-23. L. 79: (2)(b) amended, p. 1349, § 1, effective July 1. L. 89: (2)(b) amended, p. 849, § 131, effective July 1. L. 96: (2) amended, p. 973, § 17, effective July 1. L. 2002: (2)(b) amended, p. 1552, § 331, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.