Science, and transportation united states senate

all statutes, rules, and regulations applying to natural precipitation shall also

apply to precipitation resulting from cloud seeding.

Source : S. L. 1965, ch. 71, § 1 ; 1975, ch. 50, § L

2-07-01.1. Declaration of policy and purpose. — The legislative assembly finds

that weather modification affects the public health, safety, and welfare, and that,

properly conducted, weather modification operations can improve water quality

and quantity, reduce losses from weather hazards, and provide economic benefits

for the people of the state. Therefore, in the public interest, weather modification

shall be subject to regulation and control, and research and development shall be

encouraged. In order to minimize possible adverse effects, weather modification

operations shall be carried on with proper safeguards, and accurate information

shall be recorded concerning such operations and the benefits obtained therefrom

by the people of the state.

Source : S. L. 1975, ch. 50, § 2.

2-07-02. Definitions. — As used herein, unless the context or subject matter

otherwise requires :

1. "Weather modification" means and extends to the control, alteration,

amelioration of weather elements including man-caused changes in the natural

precipitation process, hail suppression or modification and alteration of other

weather phenomena including temperature, wind direction and velocity, and the

initiating, increasing, decreasing and otherwise modifying by artificial methods

of precipitation in the form of rain, snow, hail, mist or fog through cloud seeding,

electrification or by other means to provide immediate practical benefits ;

2. "Initiating precipitation" refers to the process of causing precipitation from

clouds that could not otherwise or inducing precipitation significantly earlier than

would have occurred naturally ;

3. ''Increasing precipitation" refers to the activation of any process which will

actually result in greater amounts of moisture reaching the ground in any area

from a cloud or cloud system than would have occurred naturally ;

4. '"Hail suppression" refers to the activation of any process which will reduce,

modify, suppress, eliminate or soften hail formed in clouds or storms ;

5. "Person" means any person, firm, association, organization, partnership,

company, corporation, private or public, county, city, trust or other public

agencies :

6. "Controller" refers to any licensee duly authorized in this state to engage in

weather modification activities ;

7. "Board" means the North Dakota weather modification board which, in the

exercise of the powers granted herein, shall have all of the powers of an admin-

istrative agency as defined in chapter 28-32 ;

8. "Research and development" means exploration, field experimentation, and

extension of investigative findings and theories of a scientific or technical nature

into practical application for experimental and demonstration purposes, including

the experimental production of models, devices, equipment, materials, and proc-

esses ; and

9. "Operation" means the performance of any weather modification activity

undertaken for the purpose of producing or attempting to produce any form of

modifying effect upon the weather within a limited geographical area or within

a limited period of time.

Source : S. L. 1965, ch. 71, § 2 : 1975. ch. 50. §§ 3, 4.

2-07-02.1. North Dakota weather modification board — Created — Membership. —

There is hereby created a North Dakota weather modification board which shall

576

the director of the state aeronautics commission, a representative of the environ-

mental section of the state department of health, state engineer of the state water

conservation commission, and seven additional board members ; one member from

each of seven districts established by section 2-07-02.2. The governor shall ap-

point one board member for each of the seven districts from a list of three candi-

dates given to him by weather modification authorities in each such district :

1. When the entire board is to be initially appointed, provided that such ap-

pointments shall be made within thirty days after July 1, 1975.

2. When the term of office of any board member from any district is about to

expire.

3. When a vacancy has occurred, or is about to occur, in the term of office of a

board member from any district for any reason other than expiration of term of

office.

except in the event the governor shall appoint a member for an unexpired term,

in which case the member shall serve only for the unexpired term. In the event

any district fails to furnish a list to the governor, or if there are no weather

modification authorities under this chapter within a district, then the governor

shall appoint a board member of his choice residing within such district.

Source : S. L. 1975, ch. 50, § 5.

2-07-02.2. Weather modification board — Districts created. — Members of the

weather modification board shall be appointed from districts containing the fol-

lowing counties : District I — Burke, Divide, McKenzie, Mountrail, and Williams ;

District II — Bottineau, McHenry, McLean, Renville, Sheridan, and Ward; Dis-

trict III — Benson, Cavalier, Eddy, Foster, Griggs, Nelson, Pierce, Ramsey, Rol-

ette, Steele, Towner, and Wells; District IV — Cass, Grand Forks, Pembina,

Richland, Traill, and Walsh; District V — Barnes, Dickey, Kidder, LaMoure,

Logan, Mcintosh, Ransom, Sargent, and Stutsman ; District VI — Burleigh, Em-

mons, Grant, Mercer, Morton, Oliver, and Sioux ; District VII — Adams, Billings,

Bowman, Dunn, Golden Valley, Hettinger, Slope, and Stark.

Source : S. L. 1975, ch. 50, § 6.

2-01-02.3. Direction and supervision by aeronautics commission — Independent

functions retained bp board. — The powers, functions, and duties of the North

Dakota weather modification board shall be administered under the direction and

supervision of the North Dakota aeronautics commission, but the board shall re-

tain the quasi-judicial, quasi-legislation, advisory, and other nonadministrative

and budgetary functions otherwise vested in it.

Source : S. L. 1975, ch. 50, § 7.

2-07-02.4. Weather modification board — Officers — Compensation. — All mem-

bers of the weather modification board, with the exception of the chairman,

shall be voting members. The board shall elect annually from its membership a

chairman, vice chairman, and secretary. A majority of the members shall con-

stitute a quorum for the purpose of conducting the business of the board. Board

members who are not full-time salaried employees of this state shall receive

compensation in the amount provided in subsection 1 of section 54-35-10, and

shall be reimbursed for their mileage and expenses in the amounts provided by

sections 44-08-04 and 54-06-09. All other members of the board shall be reim-

bursed for necessary travel and other expenses incurred in the performance of

the business of the board in the amounts provided in sections 44-08-04 and

54-06-09.

Source : S. L. 1975, ch. 50, § 8.

2-07-02.5. Powers and duties of weather modification board. — The board may

exercise the following powers and shall have the following duties :

1. The board shall appoint an executive director to serve at its discretion, and

perform such duties as assigned by the board.

2. The board shall authorize the employment of whatever staff it deems neces-

sary to carry out the provisions of this chapter. The executive director shall hire

the staff, subject to the approval of the board.

3. The board shall make reasonable rules and regulations concerning: quali-

fications, procedures and conditions for issuance, revocation, suspension, and

modification of licenses and permits; standards and instructions governing

weather modification operations, including monitoring and evaluation; record-

keeping and reporting, and the board shall establish procedures and forms for

such recordkeeping and reporting. The board may adopt all other reasonable

rules and regulations necessary to the administration of this chapter. The pro-

visions of chapter 2^32 shall apply to this chapter.

4. The board may contract with any person, association, partnership, or cor-

poration, with the federal government, and with any county or groups of coun-

ties, as provided in section 2-07-05, to carry out weather modification operations

and shall, in connection with regulated weather modification operations, carry

on monitoring and evaluation activities.

5. The board may order any person who is conducting weather modification

operations in violation of this chapter, or any rules and regulations promulgated

pursuant to it, to cease and desist from such operations and such order shall be

enforceable in any court of competent jurisdiction within this state.

6. The board may cooperate and contract with any private person or any local,

state, or national commission, organization, or agency engaged in activities sim-

ilar to the work of the board and may make contracts and agreements to carry

out programs consistent with the purpose and intent of this chapter. The board

may also, in accordance with law, request and accept any grants of funds or

services from any such commission, organization, person, or agency, and expend

such funds or use such services to carry out the provisions of this chapter.

7. The board shall administer and enforce the provisions of this chapter and

do all things reasonably necessary to effectuate the purposes of this chapter.

Source : S. L. 1975, ch. 50, § 9.

2-07-03. License and permit required. — Except as provided in section

2-07-03.1, no person may engage in weather modification activiites without both

a professional weather modification license issued under section 2-07-03.2 and a

weather modification permit issued under section 2-07-04. Licenses shall expire on

December thirty-first of the year of issuance.

2-01-03.1. Exemptions. — The board may provide by rules and regulations for

exemption of the following activities from the permit and license requirements

of section 2-07-03 :

1. Research and development conducted by the state, political subdivisions of

the state, colleges and universities of the state, agencies of the federal govern-

ment, or bona fide research corporations.

2. Weather modification operations of an emergency nature taken against fire,

frost, or fog.

Exempted activities shall be so conducted so as not to unduly interfere with

weather modification operations conducted under a permit issued in accordance

with this chapter.

Source : S. L. 197o, ch. 50, § 11.

2-01-03.2. Operator deemed to be doing business within state — Resident

agent. — A person shall be deemed doing business within this state when engaged

in weather modification operations within the boundaries of this state, and shall,

if not already qualified to do business within this state under chapter 10-22, prior

to conducting such operation, file with the secretary of state an authorization

designating an agent for the service of process.

Source : S. L. 1975, ch. 50, § 12.

2-01-03.3 Issuance of license — Fee. — The board shall provide, by rules and

regulations, the procedure and criteria for the issuance of a license. The board, in

■accordance with its rules and regulations, shall issue a weather modification

license to each applicant who :

1. Pays a license fee of fifty dollars.

2. Demonstrates, to the satisfaction of the board, competence to engage in

weather modification operations.

3. Designates an agent for the purpose of service of process pursuant to section

-2-07-03.2 or chapter 10-22.

Each license issued by the board shall be nontransferable and shall expire on

December thirty-first of the year of issuance. A license shall be revocable for

cause at any time prior to such date if, after holding a hearing pursuant to due

notice thereof, the board shall so determine. License fees collected by the board

shall be paid into the general fund of the state treasury.

Source : S. L. 1975. ch. 50, § 13.

2-01-034. Revocation or suspension of license. — The board may suspend or

revoke a license for any of the following reasons :

1. Incompetency.

2. Dishonest practice.

3. False or fraudulent representations made in obtaining a license or permit

under this chapter.

578

lations of the board made pursuant to this chapter.

Source : S. L. 1975, ch. 50, § 14.

2-07-0^. Permit required — Issuance of permit — Fee. —

1. A Weather modification permit shall be required for each geographical area,,

as set out in the operational plan required by subsection 2 of this section, in

which a person intends to conduct weather modification operations. Each permit

issued by the board shall expire on December thirty-first of the year of issuance. A

person applying for a weather modification operational permit shall file an

application with the board, in such form as the board shall prescribe, which ap-

plication shall be accompanied by an application fee of twenty-five dollars and

contain such information as the board, by rule or regulation, may require, and

in addition, each applicant for a permit shall :

a. Furnish proof of financial responsibility as provided by section 2-07-04.3.

b. Set forth a complete operational plan for the proposed operation which

shall include a specific statement of its nature and object, a map of the pro-

posed operating area which specifies the primary target area for the pro*

l>osed operation and shows the area that is reasonably expected to be affected

by such operation, a statement of the approximate time during which the

operation is to be conducted, a list of the materials and methods to be used

in conducting the operation, and such other detailed information as may be

needed to describe the operation.

2. The board may issue the operational permit if it determines that :

a. The applicant holds a valid weather modification license issued under

this chapter.

b. The applicant has furnished satisfactory proof of financial responsibility

in accordance with section 2-07-04.3.

c. The applicant has paid the required application fee.

d. The operation :

(1) Is reasonably conceived to improve water quantity or quality, re-

duce loss from weather hazards, provide economic benefits for the people

of this state, advance scientific knowledge or otherwise carry out the

purposes of this chapter.

(2) Is designed to include adequate safeguards to minimize or avoid

possible damage to the public health, safety, or welfare or to the environ-

ment.

has been issued.

e. The applicant has North Dakota workmen's compensation insurance

coverage for all employees working in North Dakota.

f. The applicant has furnished a performance bond as required by section

2-07-00.

g. The applicant has complied with such other requirements for the issu-

ance of permits as may be required by the rules and regulations of the

board.

h. The applicant has furnished a bid bond in accordance with section

i. The applicant has registered, with the North Dakota aeronautics com-

mission, any aircraft and pilots intended to be used in connection with the

operation.

In order to carry out the objectives and purposes of this chapter, the board

may condition and limit permits as to primary target areas, time of the operation,

materials, equipment, and methods to be used in conducting the operation, emer-

gency shutdown procedure, emergency assistance, and such other operational

requirements as may be established by the board.

3. The board shall issue only one permit at a time for operations in any geo-

graphical area if two or more operations conducted in such an area according

to permit limitations blight adversely interfere with one another.

4. All permit fees collected by the board shall be paid into the general fund

of the state treasury.

2-07-OJf.l. llrnrinqs. — The board shall give public notice, in the. official county

newspaper or newspapers in the area of the state reasonably expected to be

a fiected by operations conducted under a permit, that it is considering an applica-

tion for such permit, and. if objection to the issuance of the permit is received

by the board wit bin twenty days, the board may hold a public hearing for the

579

the permit. The board may also hold such hearings Upon its own motion.

Source : S. L. 1975, ch. 50, § 16.

2-07-04.2. Revocation, suspension, or modification of permit. — The board may

suspend or revoke a permit if it appears that the permittee no longer has the

qualifications necessary for the issuance of an original permit or has violated

any provision of this chapter, or any of the rules and regulations issued under it.

The board may revise the conditions and limits of a permit if :

1. The permittee is given notice and a reasonable opportunity for a hearing, to

be held in accordance with chapter 28-32.

2. It appears to the board that a modification of the conditions and limits of

a permit is necessary to protect the public's health, safety, or welfare or the

environment.

If it appears to the board that an emergency situation exists or is impending

which could endanger the public's health, safety, or welfare or the environ-

ment, the board may, without prior notice or hearing, immediately modify the

conditions or limits of a permit, or order temporary suspension of a permit. The

issuance of such an order shall include notice of a hearing to be held within ten

days thereafter on the question of permanently modifying the conditions and lim-

its or continuing the suspension of the permit. Failure to comply with an order

temporarily suspending an operation or modifying the conditions and limits of a

permit shall be grounds for immediate revocation of the license and permit of

the person controlling or engaged in the operation.

Source : S. L. 1975, ch. 50, § 17.

2-07-04-3. Proof of financial responsibility. — Proof of financial responsibility

is made by showing to the satisfaction of the board that the permittee has the

ability to respond in damages to liability which might reasonably result from

the operation for which the permit is sought. Such proof of financial responsi-

bility may be shown by :

1. Presentation to the board of proof of a prepaid noncancellable insurance

policy against such liability, in an amount approved by the board.

2. Filing with the board a corporate surety bond, cash, or negotiable securities

in an amount approved by the board.

Source : S. L. 1975, ch. 50, § 18.

2-07-05. Board may create operating districts — Representation of noncon-

trading counties. — The board shall have the authority to place any county con-

tracting with the state for weather modification operations, in such an opera-

tional district as the board shall deem necessary to best provide such county with

the benefits of weather modification. In determining the boundaries of such oper-

ating districts, the board shall consider the patterns of crops within the state,

climatic patterns, and the limitations of aircraft and other technical equipment.

The board may assign any county which has not created a weather modification

authority under this chapter to an operating district solely for the purpose of

representation on the operations committee of such district.

Source : S. L. 1965, ch. 71, § 5 ; 1975, ch. 50, § 19.

CROSS-REFEREXCE

Suspension of issuance of weather modification permits at direction of division

of disaster emergency services, see § 37-17.1-15.

2-07-05.1. District operations advisory committees created — Duties. —

1. There shall be a district operations advisory committee in each operations

district created in accordance with section 2-07-05. Each committee shall be com-

posed of one commissioner of the weather modification authority from each county

within such district and one member of the board of county commissioners from

the county or counties assigned to the district in accordance with section 2-07-05.

Each advisory committee shall, upon majority vote, with the concurrence of the

board, prescribe rules, regulations, and bylaws necessary to govern its procedures

and meetings. Each committee shall evaluate weather modification operations

within their respective districts and make recommendations and proposals to

the board concerning such operations.

2. The weather modification authority of any county authorized to contract

for weather modification operations under this chapter and not assigned to an

operations district, shall assume the functions of the district operations com-

mittee and shall have and may exercise the powers and duties assigned to such

580

board of' weather modification.

Source : S. L. 1975, ch. 50, § 20.

2-07-05.2. Weather modification authority map suspend operations. — Other

provisions of this chapter notwithstanding, the weather modfication authority

in any county authorized to contract for weather modification operations under

this chapter may suspend the county and state weather modification operation

within that county designed to alter the weather within such county.

Source : S. L. 1975, ch. 50, § 21.

2-07-06. Weather modification authority created oy petition. — A weather

modification authority shall be created by resolution and five commissioners ap-

pointed thereto for ten-year terms of office, by the board of county commissioners

after fifty-one percent of the qualified electors of a county, as determined by the

vote cast for the office of governor at the last preceding general election, shall

petition the board of county commissioners of their county to create a county-

wide weather modification authority. The board of county commissioners shall

appoint the five commissioners to the weather modification authority, who are

residents of their county, and whose names are set forth in the petition and des-

ignated by the petitioner to be appointed weather modification authority com-

missioner is unable or refuses for any reason to accept appointment as commis-

sioners to have met the requirements as to number of qualified electors attached

to be petition as required in this chapter. In the event any one of the five candi-

dates named in the petition to be appointed weather modification authority com-

missioner is unable or refuses for any reason to accept appointment as commis-

sioner, or is disqualified by not meeting residence requirements, as an elector in

the county, the board of county commissioners shall name its own appointee for

a ten-year term of office in place of any disqualified candidate selected by the

petitioners. If any weather modification authority commissioner submits his res-

ignation in writing to the board of county commssioners or becomes unable or

disqualified for any reason, after accepting office, the board of county commis-

sioners shall name its appointee as a commissioner to the weather modification au-

thority. All vacancies occurring otherwise than by expiration of term of office

shall be filled for the unexpired term.

Any weather modification authority created pursuant to this section shall

expire ten years after the date of the initial appointment of the commissioners

thereto. Any unexpended funds remaining in the name of the weather modifica-

tion authority, after all proper bills and expenses have been paid, shall be trans-

ferred into the county general fund by the officers of the weather modification au-

thority on or before the ten-year termination date provided by this section ; pro-

vided, however, that all unexpended funds remaining in the name of the weather

modification authority, after all proper bills and expenses have been paid, shall

remain in the name of the weather modification authority if the board of county

commissioners of such county by resolution creates a weather modification

authority and all its powers in accordance with section 2-07-06.4.

2-01-06.1. Petition contents. — The petition for petitioning the board of county

commissioners in any county of this state for the creation and appointment of

commissioners to a weather modification authority shall under this chapter

contain :

1. A title with the heading: "Petition for Creation of (insert name of county)

Weather Modifications Authority" ;

2. The following paragraph : We, the undersigned qualified electors of (name

of county), state of North Dakota, by this initiated petition request that the

( name of county) board of county commissioners of said county create by resolu-

tion a (name of county) weather modification authority and to appoint for a term

of office of ten years the following five qualified electors of said county as the

commissioners for the (name of county) weather modification authority : (a) The

name and address of each proposed commissioner for the (name of county)

weather modification authority;

3. The following paragraph : We, the undersigned qualified electors of the

'( mime of county), state of North Dakota, are noticed herewith that the creation

of (name of county) weather modification authority and the appointment of its

commissioners by the (name of county) board of county commissioners will grant

unto the authority by law the power to certify to the board of county commis-

sioners a mill levy tax not to exceed two mills upon the net taxable valuation of

property in said county for a weather modification fund, which tax may be levied

5S1

and that such fund shall be used for weather modification activities in conjunc-

tion with the state of North Dakota. We, the undersigned understand that the

authority requested in this petition expires ten years after the creation of the

weather modification authority, except that the board of county commissioners

may be resolution create a weather modification authority and all its power, in-

cluding the power to certify a tax levy as provided by section 2-07-06.3, for five-

year periods in accordance with section 2-07-06.4;

4. A heading: "Committee for Petitioners", followed by this statement: The

following electors of (name of county), state of North Dakota, are authorized to

represent and act for us, and shall constitute the ''Committee for the Petitioners''

iu the matter of this petition and all acts subsequent thereto;

5. Petition details : All petitions' signatures shall be numbered, and dated by

month, day and year. The name shall be written with residence address and post-

office address including the county of residence followed by state of North

Dakota ;

6. An affidavit to be attached by each petition and sworn to under oath before

a notary public by the person circulating each petition attesting to the fact that

he circulated the petition and that each of the signatures to said petition is the

genuine signature of the person whose name it purports to be, and that each such

person is a qualified elector in the county in which the petition was circulated ;

and

of this chapter.

Sources : S. L. 1969, ch. 82, § 2 ; 1973, ch. 49, § 2 ; 1975, ch. 50, § 22.

2-07-06.2. Commisioners — Compensation — Meetings — Officers. — A commis-

sioner of a weather modification authority shall receive no compensation for his

services, but shall be entitled to the necessary expense, as defined in section

44-08-04, incurred in the discharge of his duties. Each commissioner shall hold

office until his successor has been appointed and has qualified. The certificates of

the appointment shall be filed with the weather modification authority.

The powers of each weather modification authority shall be vested in the com-

missioners thereof. A majority of the commissioners of an authority shall con-

stitute a quorum for the purpose of conducting business of the authority and

exercising its powers and for all other purposes. Action may be taken by the

authority upon a vote of not less than a majority of all the commissioners.

There shall be elected a chairman, vice-chairman, and treasurer from among

the commissioners. A weather modification authority may employ an executive di-

rector, secretary, technical experts, and such other officers, agents, and employees,

permanent and temporary, as it may require, and shall determine their qualifica-

tions, duties, and compensation. For such legal services as it may require, an

authority may call upon the chief law officer of the county which created the

authority. An authority may delegate to one or more of its agents or employees

such powers or duties as it may deem proper.

Minutes shall be kept by the secretary of official meetings and shall include all

official business such as contracts authorized and all authorizations for payment

of weather modification authority funds to persons, organizations, companies,

and corporations. All disbursements shall be approved by a majority of all the

commissioners of an authority. Disbursements authorized by the authority for

the payment of employee salaries, bills, contracts, services, fees, expenses, and

all other obligations, shall be made by check signed by the chairman and the

treasurer of the authority. Official policies shall also be entered into the minutes.

An annual report shall be compiled with complete disclosure of funds expended

for contracts, services, fees, salaries and all other reimbursements, a copy of

which shall be filed with the county auditor. Such report shall be given at a

public meeting called for such purpose.

Source : S. L. 1969, ch. 82, § 3 ; 1973, ch. 49, § 3.

2-01-06.S. Tax levy may be certified by weather modification authority. — The

weather modification authority may certify annually to the board of county com-

missioners a tax of not to exceed two mills upon the net taxable valuation of

the property in the county for a "weather modification" fund which tax shall be

levied by the board of county commissioners and which tax may be levied in

excess of the mill limit fixed by law for taxes for general county purposes. Such

fund shall be used only for weather modification activities in conjunction with

the state of North Dakota. The tax certified by the weather modification authority

582

provided for in this chapter.

Source: S. L. 1909, ch. 82, § 4; 1973, ch. 49, § 4; 1975, ch. 50, § 23.

2-07-06..$. Creation of weather modification authority and its powers by

resolution. — When a weather modification authority is about to expire, the board

of county commissioners of any such county may by resolution authorize the

creation of such weather modification authority and all its powers, including

the power to certify a tax levy as provided by section 2-07-06.3 for additional

five-year periods provided, the resolution authorizing the creation of such

weather modification authority is adopted by the board of county commissioners

before the expiration date prescribed in the preceding resolution for its termi-

nation. Upon passing such resolution for the creation of the authority, the board

of county commissioners shall appoint five weather modification authority com-

missioners to five-year terms of office, subsequently filling vacancies in the man-

ner prescribed by section 2-07-06. The board of county commissioners may

remove from office any weather modification commissioner, whenever it appears

to them by competent evidence and after a hearing that such commissioner has

been guilty of misconduct, malfeasance, crime in office, neglect of duty in office,

or of habitual drunkenness or gross incompetency.

Source : S. L. 1973, ch. 49, § 5.

2-07-06.5. Procedure for abolishment of weather modification authority and

all its powers by recall initiated petition. — After fifty-one percent of the quali-

fied electors of a county, as determined by the vote cast for the office of governor

at the last preceding gubernatorial election, shall petition the board of county

commissioners of their county to recall the commissioners of a weather modifi-

cation authority as created by section 2-07-06 and to abolish such county weather

modification authority, the board of county commissioners shall adopt a resolu-

tion recalling all commissioners of such weather modification authority and

abolish their appointed office and abolish such weather modification authority

until such time as a weather modification authority is created by petition in

accordance with section 2-07-06. provided that such recall petition has been

found by the county commissioners to have met the requirements as to the num-

ber of qualified electors attached to the petition as required in this chapter. In

the event the board of county commissioners certifies the sufficiency and validity

of the recall petition and adopts a resolution recalling all commissioners of a

weather modification authority and abolishes such authority, then all unexpended

funds remaining in the name of the weather modification authority, after all

proper bills and expenses have been paid, shall be transferred into the county gen-

eral fund by the officers of the weather modification authority on the effective date

of such recall and abolishment resolution adopted by the board of county commis-

sioners. Tn the event there are outstanding valid bills unpaid after such date, the

board of county commissioners is hereby authorized to pay such proper obliga-

tions from moneys in the county general fund. A recall initiated petition shall

have a title with the heading: "Recall Petition for the Abolishment of (insert

name of county) Weather Modification Authority". Such recall petition shall

incorporate a paragraph stating its purpose in clear lansruage and shall comply

with all requirements prescribed in subsections 4. 5. and 6 of section 2-07-06.1

relating to petition contents, committee for petitioners, petition details, affidavits

and persons circulating such petitions.

2-07-06.6. Creation of weaiher modification authority by election. — When a

petition signed by not less than twenty percent of the qualified electors of the

county, as determined by the vote cast for the office of governor at the last

preceding gubernatorial election, requesting an election upon the establishment

of such recall and abolishment resolution adopted by the board of county commis-

sioners, the board of county commissioners shall submit the question to the elec-

tors of the county at the next county-wide election. Upon approval bv a majority

of the votes cast, the board of county commissioners shall establish a weather

modification authority as described in section 2-07-06. with all its powers, in-

cluding the power to certify a tax lew as provided bv section 2-07-06.3.

Source: S. L. 1973. ch. 49, § 7.

2-07-06.7. Abolishment of wenther modification authority by election. — When

a petition Signed by not less than twenty percent of the qualified electors of the

county, as determined by the vote cast for governor in the last preceding guha-

natorial election, rouuosfiiur an election upon the abolishment of a weather

modification authority as created in section 2-07-O6.4 and section 2-07-06. 6 is

presented to the board of county commissioners, the board of county commis-

583

sinners shall submit the question to the electors of the county at the next county-

commissioners shall abolish the weather modification authority as of December

thirty-first following the election. All unexpended funds remaining in the name

of the weather modification authority, after all proper bills and expenses have

been paid, shall be deposited in the general fund of the county.

Source : S. L. 1973, ch. 49, § 8.

2-07-06.8. Creation of weather modification authority by vote after resolution

of county commissioners. — The board of county commissioners of any county may,

by resolution after a public hearing, submit the question of the creation of a

weather modification authority to the electors of the county at the next county-

wide election. Upon approval by a majority of the votes cast, the board of county

commissioners shall pass a resolution creating a weather modification authority,

as described in section 2-07-06, including the authority to levy a tax as provided

by section 2-07-06.3.

Source : S. L. 1975, ch. 50, § 24.

2-07-07. County budget may be waived for first appropriation — Conditions. —

The provisions of chapter 11-23 shall not apply to appropriations made under the

provisions of this chapter, provided, however, that only after the filing and ap-

proval of the "petitions" to create a weather modification authority by the board

of county commissioners and certification of a mill levy by the weather modifica-

tion authority and only for the initial or first appropriation of said "weather

modification" activities, such county commissioners may, at their discretion, ap-

propriate from moneys not otherwise appropriated in the general fund, such

moneys as are necessary for carrying out the provisions of this chapter, provided

that said appropriation shall not exceed an amount equal to two-mill levy upon

the net taxable valuation of the property in said county.

Source: S. L. 1965, ch. 71. § 7; 1969, ch. 82, § 5.

2-07-08. Bids required — When. — Whenever the board of weather modification

shall undertake to contract with any licensed controller in an amount in excess

of ten thousand dollars in any one year, the board shall advertise for proposals

for such weather modification activities and in its proceedings with respect

to bids therefor, shall substantially follow the manner and form required by

the laws of this state for the purchase of supplies by the department of accounts

and purchases. The board shall enter into no contract or agreement for weather

modification services except with a controller, holding the permit as required by

This chapter, except for the purpose of gathering technical information, and

making studies or survevs.

Source: S. L. 1965, ch. 71, § 8; 1973, ch. 49, § 9; 1975. ch. 50, § 25.

2-07-09. Performance bond required. — Before the board shall contract with

any controller, it shall require the controller to furnish a surety bond for the

faithful performance of the contract in such amount as determined by the board,

conditioned that the licensee and his agents will in all respects faithfully per-

form all weather modification contracts undertaken with the board and will

comply w T ith all provisions of this chapter and the contract entered into by

the board and the licensee.

Source: S. L. 1965, ch. 71, § 9 : 1973, ch. 49, § 10: 1975, ch. 50, § 20.

2-07-09.1 Bid bond required. — All bids submitted to the board of weather

modification for operations conducted under this chapter shall be accompanied

by a bidder's bond in a sum equal to five percent of the full amount of the bid,

executed by the bidder as principal and by a surety company authorized to do

business in this state as a guaranty that the bidder will enter into the contract

if it is awarded to him.

Source : S. L. 1975. ch. 50. § 27.

2-07-10. State immunity. — Nothing in this chapter shall be construed to im-

pose or accept any liability or responsibility on the part of the state of North

Dakota or any of its agencies, or any state officials or state employees or weather

modification authorities for any injury caused by weather modification opera-

tions by any person or licensed controller as defined in this chapter.

Source: S. L. 1965, ch. 71, § 10; 1973, ch. 49, § 11 ; 1975, ch. 50, § 28.

2-07-10.1. Liability of controller. —

1. An operation conducted under the license and permit requirements of

this chapter is not an ultrahazardous or abnormally dangerous activity which

makes the permittee subject to liability without fault.

2. Dissemination of materials and substances into the atmosphere by a per-

mittee acting within the conditions and limits of his permit shall not constitute

trespass.

584

3. Except as provided in this section and in section 2-07-10, nothing in this

tion operation from recovering damages resulting from negligent or inten-

tionally harmful conduct by a permittee.

4. The fact that a person holds a license or was issued a permit under this

chapter, or that he has complied with the rules and regulations made by the

board pursuant to this chapter, is not admissible as a defense in any legal

action which may be brought against him.

Source : S. L. 1975, ch. 50, § 29.

2-07-11. Weather modification board may receive and expend funds. — The

weather modification board is hereby authorized to receive and accept for and

in the name of the state any and all funds which may be offered or become

available from federal grants or appropriations, private gifts, donations or

bequests, county funds, or funds from any other source, except license and permit

fees, and to expend said funds for the expense of administering this chapter,

and, with the exception of county funds, for the encouragement of research and

development in weather modification by any private person, the North Dakota

state university, the university of North Dakota, or any other appropriate

state, county, or public agency in this state either by direct grant, by contract,

or by other means.

All federal grants, federal appropriations, private gifts, donations or bequests,

county funds, or funds from any other source, except license and permit fees,

received by the board shall be paid over to the state treasurer, who shall credit

same to a special fund in the state treasurer, who shall credit some to a special

fund in the state treasury known as the "state weather modification fund".

All proceeds deposited by the state treasurer in the state weather modifi-

cation fund are hereby appropriated to the North Dakota weather modifica-

tion board and shall, if expended, be disbursed by warrant-check prepared

by the department of accounts and purchases upon vouchers submitted by

the North Dakota weather modification board, and shall be used for the pur-

pose of paying for the expense of administration of this chapter and. with

the exception of county funds, for the encouragement of research and develop-

ment in weather modification by any private person, the North Dakota state

university, the university of North Dakota, or any other appropriate state, coun-

ty, or public agency bv direct grant, bv contract, or bv other means.

Source : S. L. 1965, ch. 71, § 11 ; 1975, ch. 50, § 30.

2-07-11.1. County appropriations — State to provide matching funds. — Any coun-

ty weather modification authority which has contracted with the board of

weather modification for weather modification operations under this chapter

shall appropriate to the state weather modification fund one-half of the total

amount determined by the board of weather modification as necessary to provide

such county with weather modification operations. The board of weather modifica-

tion may expend, from the state weather modification fund, such funds as it

deems necessary to provide contracting counties with weather modification

operations.

2-07-12. Aeronautics commission — Compensation — Expenses. — Each member of

the North Dakota aeronautics commission shall receive the same compensation

that is paid for other aeronautics commission duties for each day actually and

necessarily engaged in performance of official duties in connection with the

administration of this chapter, and commission members and employees shall

be reimbursed for actual and necessary expenses incurred in carrying out their

official duties in the same manner and at the same rates as provided by law

for state employees.

2-07-13. Penalty. — Any person contracting for or conducting any weather

modification activity without being licensed in accordance with the provisions

of this chapter or otherwise violating the provisions thereof shall be guilty of a

class B misdemeanor.

Oklahoma

Okla. Stat. Ann. Tit. 2, §§ 1401-1432

Chapter 29 — Oklahoma Weather Modification Act

Sec.

1402. Definitions.

340.'i. Powers of Board.

1 404. Continued conduct of research and development activities.

1405. Ilearings.

585

1406. Gifts and grants.

1407. Necessity for licenses and permits.

1408. Exemptions.

1409. Issuance of licenses.

1410. Issuance of permits.

1411. Separate permits — Notice of intention.

1412. Contents of notice of intention.

141.3. Publication of notice of intention.

1414. Proof of financial responsibility.

1415. Permit fees.

1416. Records and reports.

1416.1 Monitoring by United States Government.

1417. Revocation or suspension of licenses or permits — Modification of permits.

1418. Certain liabilities not imposed or rights affected.

1419. Penalties.

1420. Purpose.

1421. Expenditure of monies.

1422. Receipt of monies — Contracts.

1423. Call for election on weather modification assessment — Notice — Contents.

1424. Proposed budget — Appraisers.

1425. Hearing of protests concerning appraisals.

1426. Collection of assessments.

1427. Weather modification fund — Reports.

142S. Discontinuance of activities.

1429. Essential function of county government — Disbursements.

1430. Liens — Tax sales.

1431. Contracts for joint operations.

1432. Construction — Codification.

llJtOl. Short title

This act may be cited as the "Oklahoma Weather Modification Act."

Laws 1972, c. 228, § 1, eff. April 7, 1972.

§ l> t 02. Definitions

As used in this act, unless the context requires otherwise :

1. "Board" means the Oklahoma Water Resources Board ;

2. •"Operation" means the performance of weather modification and control

activities pursuant of weather modification and control activities pursuant to a

single contract entered into for the purpose of producing, or attempting to pro-

duce, a certain modifying effect within one specified geographical area over one

continuing time interval not exceeding one (1) year, or, if the performance of

weather modification and control activities is to be undertaken individually or

jointly by a person or persons to be benefited and not undertaken pursuant to a

contract, '"operation" means the performance of weather modification and con-

trol activities entered into for the purpose of producing, or attempting to pro-

duce, a certain modifying effect within one specified geographical area over one

continuing time interval not exceeding one (1) year ;

3. "Research and development" means theoretical analysis, exploration and

experimentation and the extension of investigative findings and theories of a

scientific or technical nature into practical application for experimental and

demonstration purposes including the experimental production and testing of

models, devices, equipment, materials and processes ; and

4. "Weather modification" or "weather modification and control" means chang-

ing or controlling, or attempting to change or control, by artificial methods the

natural development of any or all atmospheric cloud forms or precipitation forms

which occur in the troposphere. ( Laws 1972, c. 228, § 2, eff. April 7, 1972. Laws

1973, c. ISO, § 14, eff. May To, 1973.)

§ 1403. Poicers of ooard

In the performance of the functions authorized herein, the Board may, in

addition to any other acts authorized by law :

1. Establish advisory committees to advise with and make recommendations

to the Board concerning legislation, policies, administration, research and other

matters ;

2. Establish by regulation or order such standards and instructions to govern

the carrying out of research or projects in weather modification and control as

the Board may deem necessary or desirable to minimize danger to health or

property, and make such regulations as are necessary in the performance of its

powers and duties ;

3. Make such studies and investigations, obtain such information, and hold

such hearings as the Board may deem necessary or proper to assist it in exercis-

ing its authority or in the administration or enforcement of this act or any reg-

ulations or orders issued thereunder ;

586

and consultants, as are necessary to perform its duties and functions hereunder ;

5. Acquire, in the manner provided by law, such materials, equipment and

facilities as are necessary to perforin its duties and functions hereunder ;

6. Cooperate with public or private agencies in the performance of the Board's

functions or duties and in furtherance of the purposes of this act ;

7. Represent the state in any and all matters pertaining to plans, procedures

or negotiations for interstate compacts or cooperative agreements relating to

weather modification and control ;

8. Enter into cooperative agreements with the United States Government

or any of its agencies, other states, or with the various counties and cities of

this state or with any private or public agencies for conducting weather modifi-

cation or cloud seeding operations ;

9. Act for and represent the state and the counties, cities and private or pub-

lic agencies in contracting with private concerns for the performance of weather

modifications or cloud seeding operations ; and

10. Assist and cooperate in the formation of weather modification districts

within this state. (Laws 1972, c. 228, § 3, eff. April 7, 1972.)

§ 1'fOJf. Continued conduct of research and development activities

The Board shall exercise its powers in such manner as to promote the continued

conduct of research and development activities in the fields specified below by

private or public institutions or persons and to assist in the acquisition of an

expanding fund of theoretical and practical knowledge in such fields. To this end

the Board may conduct, and make arrangements including contracts and agree-

ments for the conduct of, research and development activities relating to :

1. The theory and development of methods of weather modification and con-

trol, including processes, materials and devices related thereto ;

2. Utilization of weather modification and control for agricultural, industrial,

commercial, municipal and other purposes ; and

3. The protection of life and property during research and operational activi-

ties. (Laws 1972, c. 228, § 4, eff. April 7, 1972.)

§ UfOo. Hearings

In the case of hearings held pursuant to this act, the Board shall conduct such

hearings in accordance with the provisions of the Administrative Procedures

Act. 1 (Laws 1972 c.228, § 5, eff. April 7, 1972.)

§ UfOG. Gifts and grants

A. The Board may, subject to any limitations otherwise imposed by law, re-

ceive and accept for and in the name of the state any funds which may be of-

fered or become available from federal grants or appropriations, private gifts,

donations or bequests, or from any other source, and may expend such funds,

unless their use is restricted and subject to any limitations otherwise provided

by law, for the administration of this act for operations and research and for

the encouragement of research and development by a state or public or pri-

vate agency, either by direct grant, by contract or other cooperative means.

B. All license and permit fees paid to the Board shall be deposited in the Gen-

eral Revenue Fund of the State Treasurv. (Laws 1972, c. 228, § 0, eff. April 7,

1972.)

§ 1407. Necessity for licenses and permits

si i a 11 engage in activities for weather modification and control except under

and in accordance with a license and a permit issued by the Board authorizing

such activities. (Laws 1972, c. 228, § 7, eff. April 7, 1972.)

§ i4Q8. Exemptions

The Board, to the extent it deems practical, shall provide by regulation for

exempting from the license and permit requirements of this act :

1, Research and development and experiments by state and federal agencies

and institutions of higher learning ;

2. Laboratory research and experiments ;

:;. Activities normally engaged in for purposes other than those of inducing,

Increasing, decreasing or preventing precipitation ; and

1 Section Mm et s»q. of Title 73.

2 Section 1408 of this title.

587

4. Religious ceremonies, rites or acts and American Indian or other cultural

phenomena and which are not performed for profit. (Laws 1972, c. 228, § 8, eft'.

April 7, 1972.)

§ 1409. Issuance of licenses

A. Licenses to engage in activities for weather modification and control shall

be issued to applicants therefor who pay the license fee required and who

demonstrate, to the satisfaction of the Board, competence in the field of

meteorology and financial responsibility reasonably necessary to engage in

activities for weather modification and control. If the applicant is an organiza-

tion, these requirements shall be met by the individual or individuals who are

to be in control and in charge of the operation for the applicant.

B. The Board shall issue licenses in accordance with such procedures and

subject to such conditions as it may by regulation establish to effectuate the

provisions of this act. Each license shall be issued for a period to expire at the

end of the state fiscal year in which it is issued and, if the licensee possesses

the qualifications necessary for the issuance of a new license, such license shall

upon application be renewed at the expiration of such period. A license shall

be issued or renewed only upon the payment to the Board of One Hundred Dol-

lars ($100.00) for the license or renewal thereof. (Laws 1972, c. 228, § eff. April

7, 1972.).

§ lJflO. Issuance of permits

The Board shall issue permits in accordance with such procedures and subject

to such conditions as it may by regulation establish to effectuate the provisions

of this act only :

1. If the applicant is licensed pursuant to this act ;

2. If a sufficient notice of intention is published and proof of publication is

filed as required by Section 13 of this act ; 3

3. If the fee for a permit is paid as required by Section 15 of this act ; 4 and

4. If the applicant has given bond for the faithful performance of any weather

modification contract which the applicant has entered into for the weather modi-

fication operation for which application was made for the permit. The surety

on any bond to guarantee the faithful performance and execution of any work

shall be deemed and held, any contract to the contrary notwithstanding, to con-

sent without notice to an extension of time to the contractor in which to perform

the contract for a period of not more than thirty ( 30) days. (Laws 1972, c. 228,

§10, eff. April 7, 1972.).

§14H- Separate permits — Xotice of intention

A separate permit shall be issued for each operation. Prior to undertaking any

weather modification and control activities the licensee shall file with the Board

and also cause to be published a notice of intention. The licensee, if a permit is

issued, shall confine his activities for the permitted operation substantially

within the time and area limits set forth in the notice of intention, unless modi-

fied by the Board, and his activities shall also conform to any conditions imposed

by the Board upon the issuance of the permit or to the terms of the permit as

modified after issuance. (Laws 1972, c. 228, § 11, eff. April 7, 1972.)

§ 1412. Contents of notice of intention

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

1. The name and address of the licensee ;

2. The nature and object of the intended operation and the person or orga-

nization on whose behalf it is to be conducted ;

3. The area in which and the approximate time during which the operation

will be conducted ;

4. The area which is intended to be affected by the operation : and

5. The materials and methods to be used in conducting the operation. (Laws

1972, c. 228, § 12, eff. April 7, 1972.)

§ 1413. Publication of notice of intention

A. The applicant shall cause the notice of intention, or that portion thereof

including the items specified in Section 12 of this act, 5 to be published at least

3 Section 1413 of this title.

4 Section 1415 of this title.

e Section 1412 of this title.

588

circulation and published within any county in which the operation is to be con-

ducted 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 conducted, then in a newspaper having a general circulation and pub-

lished 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.

B. Proof of publication together with publisher's affidavit, shall be filed by the

licensee with the Board within fifteen (15) days from the date of the last

publication of the notice.

C. Provided, that upon declaration of emergency drought conditions within

any county or counties of this state by proclamation by the Governor or by

concurrent resolution by the Legislature, the provisions of this act requiring

notice by publication of intent to perform any weather modification operation

may be suspended. (Laws 1972, c. 228, § 13, eff. April 7, 1972.)

§ iW. Proof of financial responsibility

Proof of financial responsibility shall be furnished by an applicant by his

showing, to the satisfaction of the director, his ability to respond in damages

for liability which might reasonably be attached to or result from his weather

modification and control activities in connection with the operation for which

he seeks a permit. (Laws 1972, c. 228, § 14, eff. April 7, 1972.)

§ IJflo. Permit fees

The fee to be paid by each applicant for a permit shall not exceed Twenty-five

Dollars ($25.00). (Laws 1972, c. 228, § 15, eff. April 7, 1972.)

§ 1416. Records and reports

A. Each licensee shall keep and maintain a record of all operations con-

ducted by him pursuant to his license and each permit, showing the method

employed, the type of equipment used, materials and amounts thereof used, the

times and places of operation of the equipment, the name and post office address

of each individual participating or assisting in the operation other than the

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

and shall report the same to the Board at the time and in the manner required

by the Board.

B. The Board shall require written reports regarding methods and results,

but not inconsistent with the provisions of this act, covering each operation for

which a permit is issued. The Board shall also require written reports from

such organizations as are exempt under Section 8 6 from the license and permit

requirements of this act.

C. All information on an operation shall be submitted to the Board before

any information on such operation may be released to the public.

D. The reports and records in the custody of the Board shall be open for

public examination as public documents. (Laws 1972, c. 228, § 16, eff. April 7,

1972).

§ UflG.l Monitoring by United States Government

weather modification research by the United States Government or its agent, any

other operation for which a permit is issued and which is located in full or in

part Within the area of the permitted research operation shall submit to monitor-

ing by the agency conducting such operation when such operation is being

conducted. (Added by Laws 1973, c. ISO, §15, eff. May 16, 1973.)

§ 1 'ill. Revocation or suspension of licenses or permits — Modification of permits

A. Under the provisions of the Administrative Procedures Act, 7 the Board

may suspend, revoke or refuse to renew any license or permit issued by it if the

applicant no longer qualifies for such license or permit under the provisions of

this act or if the applicant has violated any provisions of this act.

B. The Board may modify the terms of a permit after issuance thereof if the

licensee is first given notice and a reasonable opportunity for a hearing respecting

the grounds for the proposed modification and if it appears to the Board that

if is necessary for the protection of the health or the property of any person to

make the modification proposed. (Laws 1972, c. 22S, §17, elf. April 7, 1972.)

■ Section 1108 of this title.

7 Section 301 et seq. of Title 75.

589

§ 1418. Certain liabilities not imposed or rights affected

responsibility on the part of the state or any state officials or employees for any

weather modification and control activities of any private person or group, or to

affect in any way any contractual, tortious or other legal rights, duties or liabili-

ties between any private persons or groups. (Laws 1972, c. 228, § 18, eff. April 7,

1972. )