Science, and transportation united states senate

LONG-TERM, CLIMATIC AXD GLOBAL IMPLICATIONS

Finally, it is desirable to point out that alteration of weather

brought about by cloud seeding or other deliberate interference with

atmospheric processes will necessarily be superimposed against the

record of long-term, natural changes of climate and the ubiquitous,

year-to-year variability of climate and, in addition, any inadvertent

effects attributable to human activities. The evolution of natural cli-

matic change and variability and the possibility that society, through

its own actions, may be altering the climate by pushing on certain

leverage points make it more difficult to assess the reality of planned

weather modification, because claimed results may in fact be due to

other causes. Furthermore, the ecological effects of a planned weather

change may be partially masked by unanticipated changes in other

climatic variables. 54

While man lias become generally aware of some of the environ-

mental effects of his polluting the air and waters of the planet, he has

barely begun to credibly study the global implications of long-term

climatic change which may be exacerbated or even caused by his inad-

vertent impacts on global atmospheric and oceanic processes. "While

no solid ecological answers are yet demonstrable, the implications of

industrially caused acid rains, impacts on the carbon dioxide cycle of

deforestation as well as the burning of fossil fuels and similar scale

concerns are all terribly Serious. Cooper has recently articulated some

of these concerns, too. 55

• r - 2 Howell. "Environmental Impacts of Procinitntion Management : Results ami Inferences

From Project Skywater," pp. 491-402 (Note 17).

•"-' ! Ibid,, p. 402.

M fuopor and .Tollv, "Ecological Effects of Weather Modification : A Problem Analysis,'*

p. 17 (Note 1).

w Cooper, "What Mipht Man-Induced Climate Change Mean?" (Note 9).

501

A comprehensive and detailed discussion of inadvertent weather

weather modification.

Summary and Conclusions

This chapter seeks to review a number of recent studies aimed at ad-

dressing and answering questions about the ecological effects of vari-

ous kinds of weather modification activity. In general, the body of di-

rected research with respect to these concerns is still limited but sig-

nificantly greater than was the case a decade or even less ago.

Economically significant weather modification will always have an

eventual ecological effect, although appearance of that effect may be

delayed or hidden by system resilience and/or confounded by system

complexity.

It will never be possible to predict "the ecological effects of weather

modification." However, the more precisely the weather modifier can

specify the effects he will produce in terms of average percentage in-

crease or decrease in precipitation (or other climatic variable), ex-

pected seasonal distribution of the change, expected year-to-year dis-

tribution of the change, geographic distribution of the change, changes

in relative form of precipitation, and the like, the more precise can be

the ecologist's prediction of likely ecological effects.

Ecological effects of weather modification will be the result of

moderate shifts in rates of reproduction, growth, and mortality of

species of plants and animals which are sensitive to weather. Effects

will rarely, if ever, be sudden or catastrophic because plant and ani-

mal communities react to changes in climate much more than changes

in weather. Accordingly, those modifications in the weather which

occur with significant regularity over time — eventually constituting at

least a micro-climatic shift of some degree — are the ones to which bio-

logical communities will react.

Animal populations will rarely be affected directly by weather mod-

ification activities but will rather be indirectly affected as their

habitat is altered as vegetative changes occur.

T\ r eather modification, being a change imposed on an already vari-

able climate, will nevertheless have an inexorable, if subtle, effect on

long-term structure of plant and animal communities as they respond

to average climatic conditions.

Such adjustments of plants and animal communities will usually

occur more slowly in regions of highly variable weather than in those

of relatively uniform weather conditions. Similarly, deliberate pre-

cipitation change is likely to have greater ecological impact in semi-

arid systems and less in humid ones.

Widespread cloud seeding could result in local, temporary concen-

trations of silver in precipitation which are of the same order of mag-

nitude as the natural concentration in surface waters, though the rates

of exchange would remain more than an order of magnitude smaller

than principal exchanges for the aquatic environment. Exchange rates

would be many orders of magnitude smaller than those affecting

plants and soil, even in localized areas of precipitation management.

It is still a reality that our level of ignorance of ecological effects of

changes in weather and climate exceeds our level of knowledge.

APPENDIXES

Appendix A

Statement ox Weather [Modification in Congressional Record of

June 17, 1975, by Congressman Gilbert Gude, Containing White

House Statement on Federal Weather Modification Policy

Weather modification

(Mr. Gude asked and was given permission to extend bis remarks at this

point in the Record and to include extraneous matter.)

Mr. Gude. Mr. Speaker, I would like to bring to my colleagues' attention an

exchange of correspondence Senator Pell, Congressman Fraser, and I have

recently had with the White House concerning Federal weather modification ac-

tivities. On April 23, we wrote the President the following letter urging the crea-

tion of a lead agency to coordinate Federal work on weather modification and

urging that such research be conducted by civilian agencies rather than the De-

fense Department :

House of Representatives,

Washington, D.C\, April 23, 197o.

The President.

The WJiite House.

Dear Mr. President : As authors of several resolutions for outlawing environ-

mental modification as a weapon of war, we now write recommending govern-

ment work in the peaceful uses of such modification that could help to promote-

energy conservation, safeguard the environment and stabilize agricultural produc-

tion. In sending these recommendations, we wish to make clear that we support

continued research, particularly into weather modification for peaceful purposes,

regarding which we believe there currently exist numerous opportunities for its

applications.

The role of weather modification in energy conservation was sharply outlined

in a recent example which came to our attention. Coming from Boston to Washing-

ton, a recent flight was delayed by bad weather and according to one passenger's

calculations, as much fuel was exhausted around Washington while the plane

waited to land as was consumed during the entire flight from Boston. This is only

one example of the energy costs of bad weather, but weather conditions being

what they are, it is a frequent case. Research into fog dissipation is precisely the

kind of work which can reduce those costs.

We are only beginning to research and understand how our own industrial

development has inadvertently modified weather and environment. Studies are

beginning to show differences in temperature and air quality over urban and in-

dustrial areas, which affected the immediate environment as well as influence

weather downwind. There is sufficient growing suspicion that inadvertent environ-

mental modification can help produce extremes of weather, such as drought, to

warrant further investigation and research.

The implications of weather modification for agriculture are obvious and vari-

ous efforts to enhance rainfall have been going on for years. These efforts, how-

ever, need coordination and careful study to help determine what approaches are

productive, what types of weather formation are most susceptible to modification

and how modification in one area affects weather elsewhere. Clearly, the potential

for increased agriculture output — both domestically and worldwide — is great.

(503)

504

been diffused. The fiscal 1975 budget shows weather modification projects in six

agencies and a division by function as follows:

Fiscal year—

1973

1974 1975

Department of Commerce

Department of Defense

Army

4,779

160

4, 673

150

(1,300)

Air Force

Department of the Interior

Department of Transportation

National Science Foundation

404

6,370

5,790

666

1,397

555

3 445

4, 270

19,581

15,270

Fiscal year —

1973 1974

1975 Agencies

Precipitation modification .

Fog and cloud modification 1.

Hail suppression..

lightning modification

Hurricane and severe storm modification

Social, economic, legal, and ecological studies

Inadvertent modification of weather and climate

Support and services.

5,472 3,735

1,541 1,194

2, 860 2, 000

624 330

1, 740 1, 310

3, 252 3, 643

2,274 1,475

3,279 DOC, DOI.

1,264 DOD, DOT.

2,100 NSF.

356 DOA, DOD, NSF

1,816 DOC.

1,110 DOI, NSF.

4, 398 DOC, DOT, NSF.

937 DOC, DOI, NSF.

Total

19,581 15,401

Although in some respects the National Oceanographic and Atmospheric Ad-

ministration gathers data on all these projects, it does not really function as a

lead agency or exert sufficient direction, coordination or control over the civilian

or military projects. It is clear from the second chart, furthermore, that consider-

able overlap and possible duplication exists. We believe, however, that in a field

as diverse and speculative as this, a greater degree of centralization is desirable.

This same recommendation has been made on a number of occasions by the Na-

tional Advisory Committee on Oceans and Atmosphere:

NACOA finds that, although we appear to stand on the threshold of practical

weather modification, and some facets are operational, in other applications a

sroat deal of complex research still needs to be done. Unless the scientific man-

power and funding are better directed, we assuredly will continue to make very

slow progress towards weather control. NACOA therefore reiterates its recom-

mendations of last year that :

"The many small programs in weather modification now scattered widely

through the Federal agencies be focused and coordinated under NOAA's head ;

basic cloud physics and dynamics be given higher priority; and that the legal,

social, and economic impact of weather modification be thoroughly examined and

;appropriate regulatory and licensing legislation be sought." (A Refrort to the

President and the Congress, NACOA. June 29, 1973, page viii.)

We also believe it is particularly important that any such coordination should

be in the hands of a civilian agency; indeed, that all such research should be

conducted by civilian agencies.

Considerable doubt has been raised in the past over the nature of some of the

research conducted by the Defense Department in the area of weather modifica-

tion. You will recall the not too successful efforts to increase rainfall over the

Ho Chi Minh Trail several years ago at a cost of $21. G million. We have grave

doubts about the merits of any project such as this, but we are also concerned

about the way in which the incident was handled by the Government. The proj-

ect was at first flatly — and repeatedly — denied publicly and before Congress

by the Department of Defense, but the basic facts were ultimately conceded some

505

vears later by former Defense Secretary Laird in a letter to the Senate forfagn

Such incidents have given rise to continuing concern on our part over the scope

of federal research and development on environmental and weather modifica-

tion What is significant about these incidents is that they continue to occur in

respect to Defense Department research, even though DOD asserts such research

has only peaceful applications, such as airport fog dispersal. If this is the case,

then it would seem both logical and appropriate to place such research in civilian

agencies where it can be carried on with the same degree of precision and success,

since weapons' applications are not involved, and where it would not cause new

suspicions about the real nature of the work.

Weather modification is a field of great potential, promising considerable bene-

fits to agriculture and transportation, to mention only two prime areas of re-

seach. At the same time the potential military applications of weather modifica-

tion research are serious. Last summer's agreement with the Soviet Union to meet

to discuss a ban on weather warfare is most encouraging. We hope that in the

light of that agreement, you will be able to give favorable consideration to our

recommendations.

Sincerely,

Gilbert Gude.

Member of Congress.

Claiborne Pell,

U.S. Senator.

Donald M. Fraser,

Member of Congress.

On June 5, we received the following response from Norman E. Ross, Jr., As-

sistant Director of the Domestic Council :

The White House,

Washington, June 5, 1915.

Hon. Gilbert Gude,

House of Representatives,

Washington, D.C.

Dear Mr. Gude : The President has asked me to respond to your letter of April

23, 1975, in which you recommended a coordinated program of governmental work

in the peaceful uses of weather modification.

A considerable amount of careful thought and study has been devoted to the

subject of weather modification and what the Federal role and, in particular, the

role of various agencies should be in this area. As a result of this study, we have-

developed a general strategy for addressing weather modification efforts which

we believe provides for an appropriate level of coordination.

For the most part, as your letter points out, we are just beginning to under-

stand the possibilities for weather modification and the complexities that are in-

volved. Inadvertent modification of weather and environment through industrial

development is indeed a prime example.

There are many problems generated by various weather phenomena such as

loss of crops through hail damage and destruction of property caused by hurri-

canes and flooding. In many cases the approaches to solving the problems

may or may not be best met through weather modification techniques. Other

solutions such as community preparedness, better land use planning, and pro-

tective measures may more effectively and realistically achieve the objectives.

For this reason, we believe that the agency which is charged with a particular

national problem should be given the latitude to seek the best approach or solu-

tion to the problem. In some instances this may involve a form of weather modi-

fication, while in other instances other approaches may be more appropriate.

While we would certainly agree that some level of coordination of weather

modification research efforts is logical, we do not believe that a program under

the direction of any one single agency's leadership is either necessary or de-

sirable. We have found from our study that the types of scientific research con-

ducted by agencies are substantially different in approach, techniques, and type-

of equipment employed, depending on the particular weather phenomena beings

addressed. For example, there is very little in common between hurricane sup-

pression and attempting to increase rain or snow. Fog dispersal efforts have al-

most nothing in common with any other weather modification. Each type of

weather modification requires a different form of program management and there?

are few common threads which run among all programs.

.506

To tlie extent that there are common problems and solutions among the pro-

together agency representatives who are involved in weather modification re-

search, for the purpose of sharing their ideas and approaches to various prob-

lems. In addition, a series of lead agencies have been established to concentrate

efforts in particular areas: Interior in precipitation; Agriculture in lightning

suppression ; Commerce in severe storms, including hurricanes ; NSF in hail re-

search : and Transportation in fog suppression. These lead roles provide for co-

ordination in areas with common characteristics and have gone a long way

toward eliminating duplicative efforts. Although more than one agency is in-

volved in a general area such as inadvertent modification, their efforts are keyed

toward particular objectives.

I hope this information will be helpful to you and I would like to thank you for

sharing your views with us. We would be happy to provide you any additional

information you may need concerning current efforts in the weather modification

area.

Sincerely,

Assistant Director, Domestic Council.

The administration's response is disappointing that it rejects the recommenda-

tion of a lead agency, despite the fact that the National Advisory Committee

on Oceans and Atmosphere has regularly recommended it. The reply ignores

completely the crucial second point of military involvement in weather modifica-

tion research. I commented on this problem in some detail in my testimony of

September 24, 1974, before the Foreign Affairs Subcommittee on International

Organizations and Movements :

"DANGERS OF WEATHER MODIFICATION CONTROL

'•Why should we be so alarmed about a technique that is not nearly as lethal as

other forms of warfare? First, there are distinct control and command problems

associated with geophysical warfare and weather modification in particular. We

simply do not have effective short or long term control over the climates of the

world. We can create certain disturbances, but as civilian experiments have

shown, control is not precise. In a military environment, control over the results

of weather experimentation is even more uncertain in respect to military targets,

and there is practically no hope of preventing military efforts from spilling over

into civilian life with devastating effect, particularly in developing agricultural

countries. Here, wind changes, rainfall changes, or even changes in the composi-

tion of rain could seriously disrupt the livelihood of most of the country's citizens

and create severe food supply problems, all far distant from the chosen military

target. This is partly due to the so-called downwind effect, carrying weather

changes with weather movements. But weather unpredictability — enhanced by

modification efforts themselves — may make it impossible to determine where

'downwind' will be at any given time. This means that the use of weather modi-

fication is inevitably indiscriminate. We cannot flood only military targets or

cause drought in areas producing only military rations. The technology will be

used against people regardless of their uniform or occupation and will inevitably

strike civilians harder than nearby military objectives.

•"The command problem is no less acute. Since the technology to date doe> not

involve great eX pense or sophisticated equipment, it is not difficult to imagine the

use of weather modification by many different military subunits. In fact, there

have been reports that we have trained the South Vietnamese to use weather

modification. There are no double-key sating mechanisms here, no exclusive

possession as with nuclear weapons.

"DANGERS OF WEATHER MODIFICATION — IDENTIFICATION* AM) DETECTION

•"These issues of command and control highlight another disturbing characteris-

tic of weather modification, the difficulty of detection. Unlike other weapons, it

may be possible to initiate military weather modification projects without being

detected. In other words, the military results may not be visibly tied to the initiat-

ing party. This raises the possibility of the clandestine use of geophysical warfare

where a country does not know if it has been attacked. The uncertainty of this

situation, the fear of not knowing how another country may be altering your

507

climate is highly destabilizing. This feeding of national paranoia — a pervading

amplified into the laying of blame for any adverse climate conditions or weather

disasters on one's neighbors.

"This was clearly brought home by the recent admission of the Department of

Defense that it had indeed been involved in weather modification activities in

Southeast Asia from 1967 to 1972, even at a time when Department witnesses

were denying such involvement in their congressional testimony.

"In a January 28, 1974, letter to the Senate Foreign Relations Committee,

former Defense Secretary Laird corrected his testimony of April 18, 1972, in

which he stated. 'We have never engaged in that type of activity over North

Vietnam.' Laird admitted that just such activities were conducted over North

Vietnam in 1967 and 1968. It was clearly one of the most useless programs ever

conceived by the Government. This rainmaking effort accomplished nothing except

washing $21.6 million down the drain, and it was undertaken with no thought

as to the very dangerous situations which could evolve from such a policy.

''effects of weather modification research

"There is no question that much valuable research is now being done under the

heading of weather modification. Airport fog dispersal operations, cloud seeding

in farm areas threatened by drought, efforts to increase the winter snow pack,

and experiments in hurricane control are all legitimate scientific efforts that

can meet important domestic and international needs. This work into peaceful

applications of environmental modification technology should continue. Un-

fortunately, Pentagon involvement in weather modification research — whether

classified or for peaceful purposes — has serious consequences for the U.S. civilian

scientific community, the American public, and the international community.

"Geophysical warfare, to use a figure of speech, can poison the atmosphere

surrounding legitimate international programs such as the global atmospheric

research program, the international hydrological decade and meteorology in

general. We have already seen that it caused the U.S. delegation at the Stock-

holm Conference to water down a recommendation on climate changes. The po-

tential for embarrassment is great.

"Our scientific community could come under suspicion or attack at these inter-

national meetings. The fine work and trust built up over the years by our excel-

lent atmospheric scientists could be dispelled in one stroke of Pentagon experi-

mentation.

•'But it is not only our scientists who lose credibility — it is the Defense Depart-

ment itself. Through its involvement in research which may have military appli-

cations, even though it is intended for peaceful purposes, the Pentagon has laid

itself open to allegations of a variety of clandestine activities.

"Two cases will illustrate the point. The Defense Department engages in con-

siderable medical research, some of which is related exclusively to military needs,

while some parallel research carried out by civilian institutions. The Navy, for

example, has had a research unit in Egypt studying equatorial diseases for many

years. By conducting such research 'in-house,' so to speak, instead of obtaining

it through civilian research agencies, the Navy leaves itself open to charges

that it is actually studying or developing germ warfare or the like. As unfounded

as such charges may be. they are very difficult to combat, especially in the cur-

rent climate of suspicion about many Pentagon activities. Yet. there is no reason

why this kind of research could not be conducted by the civilian agencies of

Government and its results made available to the Defense Department. In cases

where Defense required information on subjects not currently under investiga-

tion, it could levy requirements on the National Science Foundation which would

in turn conduct or contract for the needed research, thus reducing the opportu-

nities for controversy to develop, controversy which might itself hamper research,

especially abroad.

"In the area of weather modification. I have been assured that Air Force interest

in these techniques is limited to developing methods for airfield fog dispersal or

suppression and other life-saving measures. These techniques are just as im-

portant to business and civil aviation and the general public, and there is no

reason why such research cannot be conducted by a civilian agency.

"As a general principle, therefore. I would urge that wherever an adequate

scientific base exists for conducting specific types of applied research outside

of the Department of Defense and associated agencies, if would be wise policy

508

XSF or private institutions. In addition to helping resolve Pentagon credibility

problems, such a procedure will tend to reduce duplication of effort and may

therefore produce some cost savings.

"Thus, although the subject of this hearing is an international treaty banning

the use of weather modification techniques as weapons, it is important that we

gjo beyond that and deal directly with the development of such research within

our own Government, so as to clearly divorce all weather modification activities

from the military and leave no doubt that American interest in this field is

strictly peaceful and humanitarian."

This administration and its predecessor have made progress toward an inter-

national treaty banning the use of weather modification as a weapon of war,

but neither administration has really understood the important link between

banning weather warfare and taking weather modification research out of the

hands of the military. We cannot credibly negotiate a weather warfare treaty at

the same time we are funding classified Defense Department research projects in

weather modification. Since the Defense Department has maintained that its re-

search only involves peaceful applications, it is difficult to understand why such

research cannot be placed in civilian hands. The administration is unwilling to

move in that direction, and legislative action may be necessary. I am in the

process of preparing just that, and I plan shortly to submit my proposals for

House consideration.

Appendix B

Department of Defense Statement on Position on

Weather Modification

Position on Weather Modification 1

Based on extant theories and demonstrated technology, weather modification

has little utility as a weapon of war. Conventional arms are more effective

instruments of warfare. While weather modification experiments in Vietnam

demonstrated the technical ability to increase rainfall, its military payoff was

nil. Unless there is a major scientific breakthrough which would allow the use

of weather modification as a weapon, we see little value in continued weather

modification development toward this end. However, DoD must continue to

have the option to conduct reesarch and development to exploit emerging tech-

nology and to avoid technological surprise.

Weather modification can enhance the effectiveness of conventional weapons,

particularly aircraft and helicopter forces. The primary impediment to aircraft

operations is the visibility at airfields and visibility over target. The DoD should

pursue technology to dissipate fog and clouds for the purposes of increasing

visibility, and thus conventional weapons effectiveness. We employ operationally

cold fog dissipators at those military airfields affected by cold fog and fund a

significant development program in airfield warm fog dissipation. At the same

time, we continue to work on technology to clear fog and clouds in a battlefield

area.

not only by our perceptions of the usefulness of the technology, but also by the

Environmental Modification Convention. The Environmental Modification Con-

vention constrains the use of military weather modification activities to those

not having widespread, long-lasting, or severe effects. The effect of the Environ-

mental Modification Convention, when superimposed on our present perceptions

of technology, is to further devalue the development of weather modification

as a weapon of war. As a result, our present efforts are directed solely at fog

and cloud dissipation.

Insights into the future directions and potential of weather modification will

derive from fundamental research in atmospheric physics and atmospheric proc-

esses, and not from applied technology experiments in weather modification.

DoD will continue to support a vigorous program in basic research in cloud

physics and atmospheric dynamics. We are jointly funding with NASA experi-

ments to be conducted in the NASA cloud physics laboratory to be flown on the

space shuttle. DoD laboratories and contract programs fund a broad spectrum

of fundamental research into the atmosphere.

1 Provided April 5, 1978, by Col. Elbert W. Friday, Office of tbe Under Secretary of De-

fense for Research and Engineering, in a briefing to representatives of the Weather Modi-

fication Advisory Board and from several Federal agencies.

(509)

34-857—79 35

Text of United Xatioxs Convention ox- the Prohibition of Mili-

tary or Axy Other Hostile Use of Environmental Modification

Techniques

Text of Resolution 1

The General Assembly.

Recalling its resolutions 3264 (XXIX) of 9 December 1974 and 3475 (XXX)

of 11 December 1975,

Recalling its resolution 1722 (XVI) of 20 December 1961, in which it recognized

that all States have a deep interest in disarmament and arms control negotiations,

Determined to avert the potential dangers of military or any other hostile use

of environmental modification techniques,

Convinced that broad adherence to a convention on the prohibition of such

action would contribute to the cause of strengthening peace and averting the

threat of war,

Noting with satisfaction that the Conference of the Committee on Disarmament

lias completed and transmitted to the General Assembly, in the report of its

work in 1976, the text of a draft Convention on the Prohibition of Military or Any

Other Hostile Use of Environmental Modification Techniques,

Noting further that the Convention is intended to prohibit effectively military

or any other hostile use of environmental modification techniques in order to

eliminate the dangers to mankind from such use,

Bearing in mind that draft agreements on disarmament and arms control

measures submitted to the General Assembly by the Conference of the Committee

on Disarmament should be the result of a process of effective negotiations and

that such instruments should duly take into account the views and interests of all

States so that they can be joined by the widest possible number of countries,

Bearing in mind that article VII of the Convention makes provision for a con-

ference to review the operation of the Convention five years after its entry into

force, with a view to ensuring that its purposes and provisions are being realized.

Also bearing in mind all relevant documents and negotiating records of the

Conference of the Committee on Disarmament on the discussion of the draft

Convention.

Convinced that the Convention should not affect the use of environmental modi-

fication techniques for peaceful purposes, which could contribute to the preserva-

tion and improvement of the environment for the benefit of present and future

generations,

Convinced that the Convention will contribute to the realization of the purposes

and principles of the Charter of the United Nations,

Anxious that during its 1977 session the Conference of the Committee on Dis-

armament should concentrate on urgent negotiations on disarmament and arms

limitation measures,

1. Refers the Convention on the Prohibition of Military or Any Other Hostile

Use of Environmental Modification Techniques, the text of which is annexed to

the present resolution, to all States for their consideration, signature and

ratification :

2. Requests the Secretary-General as depositary of the Convention, to open it

for signature and ratification at the earliest possible date :

1 A/RES/31/72 (text from U.N. floe. A/31/382, report of the First Committee on agenda

''•'■!•' A Convention on the prohibition of military or any other hostile use of environmental

modification techniques-) ; adopted by the committee on Dee. 3 by a recorded vote of 89

fTT.S.) to 11, with 2."» abstentions, and by the Assembly on Dee. 10 by a recorded vote of 96

(V.S. i to S. with :;0 ahstentions.

(510)

3. Expresses its hope for the widest possible adherence to the Convention ;

4. Galls upon the Conference of the Committee on Disarmament, without

prejudice to the priorities established in its programme of work, to keep under

review the problem of effectively averting the dangers of military or any other

hostile use of environmental modification techniques ;

5. Requests the Secretary-General to transmit to the Conference of the Com-

mittee on Disarmament all documents relating to the discussion by the General

Assembly at its thirty-first session of the question of the prohibition of military

or any other hostile use of environmental modification techniques.

Annex

Convention ox the Prohibition of Military or Any Other Hostile Use of

The States Parties to this Convention,

(lidded by the interest of consolidating peace, and wishing to contribute to the

cause of halting the arms race, and of bringing about general and complete dis-

armament under strict and effective international control, and of saving mankind

from the danger of using new means of warfare,

Determined to continue negotiations with a view to achieving effective prog-

ress towards further measures in the field of disarmament,

Recognizing that scientific and technical advances may open new possibilities

with respect to modification of the environment,

Recalling the Declaration of the United Nations Conference on the Human

Environment, adopted at Stockholm on 16 June 1972,

Realizing that the use of environmental modification techniques for peaceful

purposes could improve the interrelationship of man and nature and contribute

to the preservation and improvement of the environment for the benefit of pres-

ent and future generations,

Recognising, however, that military or any other hostile use of such techniques

Could have effects extremely harmful to human welfare.

Desiring to prohibit effectively military or any other hostile use of environ-

mental modification techniques in order to eliminate the dangers to mankind

from such use. and affirming their willingness to work towards the achievement

of this objective.

Desiring also to contribute to the strengthening of trust among nations and

to further improvement of the international situation in accordance with the

purposes and principles of the Charter of the United Nations,

Have agreed as follows :

Article I

1. Each State Party to this Convention undertakes not to engage in military

or any other hostile use of environmental modification techniques having wide-

spread, long-lasting or severe effects as the means of destruction, damage or

injury to any other State Party.

2. Each State Party to this Convention undertakes not to assist, encourage

or induce any State, group of States or international organization to engage in

activities contrary to the provisions of paragraph 1 of this article.

Article II

As used in article I. the term "environmental modification techniques'' refers

to any technique for changing — through the deliberate manipulation of natural

processes — the dynamics, composition or structure of the earth, including its

biota, lithosphere, hydrosphere, and atmosphere, or of outer space.

Article III

1. The provisions of this Convention shall not hinder the use of environmental

modification techniques for peaceful purposes and shall be without prejudice to

generally recognized principles and applicable rules of international law con-

cerning such use.

2. The States Parties to this Convention undertake to facilitate, and have the

right to participate in. the fullest possible exchange of scientific and techno-

logical information on the use of environmental modification techniques for

peaceful purposes. States Parties in a position to do so shall contribute, alone

512

or together with other States or international organizations, to international

peaceful utilization of the environment, with due consideration for the needs of

the developing areas of the world.

Article IV

Each State Party to this Convention undertakes to take any measures it con-

siders necessary in accordance with its constitutional processes to prohibit and

prevent any activity in violation of the provisions of the Convention anywhere

under its jurisdiction or control.

Article V

1. The States Parties to this Convention undertake to consult one another and

to co-operate in solving any problems which may arise in relation to the objec-

tives of, or in the application of the provisions of, the Convention. Consultation

and co-operation pursuant to this article may also be undertaken through appro-

priate international procedures within the framework of the United Nations and

in accordance with its Charter. These international procedures may include the

services of appropriate international organizations, as well as of a consultative

committee of experts as provided for in paragraph 2 of this article.

2. For the purposes set forth in paragraph 1 of this article, the Depositary

shall, within one month of the receipt of a request from any State Party, con-

vene a consultative committee of experts. Any State Party may appoint an

expert to this committee whose functions and rules of procedure are set out in

the annex, which constitutes an integral part of this Convention. The commit-

tee shall transmit to the Depositary a summary of its findings of fact, incorpo-

rating all views and information presented to the committee during its pro-

ceedings. The Depositary shall distribute the summary to all States Parties.

3. Any State Party to this Convention which has reasons to believe that any

other State Party is acting in breach of obligations deriving from the provisions

of the Convention may lodge a complaint with the Security Council of the United

Nations. Such a complaint should include all relevant information as well as all

possible evidence supporting its validity.

4. Each State Party to this Convention undertakes to co-operate in carrying

out any investigation which the Security Council may initiate, in accordance

with the provisions of the Charter of the United Nations, on the basis of the

complaint received by the Council. The Security Council shall inform the States

Parties to the Convention of the results of the investigation.

5. Each State Party to this Convention undertakes to provide or support assist-

ance, in accordance with the provisions of the Charter of the United Nations,

to any Party to the Convention which so requests, if the Security Council decides

that such Party has been harmed or is likely to be harmed as a result of violation

of the Convention.

Article VI

1. Any State Party may proposed amendments to this Convention. The text

of any proposed amendment shall be submitted to the Depositary, who shall

promptly circulate it to all States Parties.

2. An amendment shall enter into force for all States Parties which have ac-

cepted it, upon the deposit with the Depositary of instruments of acceptance by

a majority of States Parties. Thereafter it shall enter into force for any re-

maining State Party on the date of deposit of its instrument of acceptance.

Article VII

This Convention shall be of unlimited duration.

Article VIII

1. Five years after the entry into force of this Convention, a conference of the

State Parties to the Convention shall be convened by the Depositary at Geneva.

The conference shall review the operation of the Convention with a view to en-

suring thfit its purposes and provisions are being realized, and shall in particular

examine the effectiveness of the provisions of article T. paragraph 1. in eliminat-

ing the dangers of military or any other hostile use of environmental modification

techniques.

513

2. At intervals of not less than five years thereafter, a majority of the States

the Depositary, the convening of a conference with the same objectives.

3. If no review conference has been convened pursuant to paragraph 2 of this

article within 10 years following the conclusion of a previous review conference,

the Depositary shall solicit the views of all States Parties to this Convention on

the holding of such a conference. If one third or 10 of the States Parties, which-

ever number is less, respond affirmatively, the Depositary shall take immediate

steps to convene the conference.

Article IX

1. This Convention shall be open to all States for signature. Any State which

does not sign the Convention before its entry into force in accordance with para-

graph 3 of this article may accede to it at any time.

2. This Convention shall be subject to ratification by signatory States. Instru-

ments of ratification and instruments of accession shall be deposited with the

Secretary-General of the United Nations.

3. This Convention shall enter into force upon the deposit with the Depositary

of instruments of ratification by 20 Governments in accordance with paragraph

2 of this article.

4. For those States whose instruments of ratification or accession are deposited

after the entry into force of this Convention, it shall enter into force on the date

of the deposit of their instruments of ratification or accession.

5. The Depositary shall promptly inform all signatory and acceding States of

the date of each signature, the date of deposit of each instrument of ratification

oi^ of accession and the date of the entry into force of this Convention and of

any amendments thereto, as well as of the receipt of other notices.

6. This Convention shall be registered by the Depositary in accordance with

Article 102 of the Charter of the United Nations.

Article X

This Convention of which the Arabic, Chinese, English, French, Russian, and

Spanish texts are equally authentic, shall be deposited with the Secretary-General

of the United Nations who shall send certified copies thereof to the Govern-

ments of the signatory and acceding States.

In Witness Whereof, the undersigned, duly authorized thereto, have signed

this Convention.

Done at On

Annex to the Convention

Consultative Committee of Experts

1. The Consultative Committee of Experts shall undertake to make appro-

priate findings of fact and provide expert views relevant to any problem raised

pursuant to article V, paragraph 1. of this Convention by the State Party re-

questing the convention of the Committee.

2. The work of the Consultative Committee of Experts shall be organized in

such a way as to permit it to perforin the functions set forth in paragraph 1 of

this annex. The Committee shall decide procedural questions relative to the

organization of its work, where possible by consensus, but otherwise by a ma-

jority of those present and voting. There shall be no voting on matters of

substance.

3. The Depositary or his representative shall serve as the Chairman of the

Committee.

4. Each expert may lie assisted at meetings by one or more advisers.

5. Each expert shall have the right, through the Chairman, to request from

States, and from international organizations, such information and assistance

as the expert considers desirable for the accomplishment of the Committee's

work.

State Statutes Concerning Weather Modification

Twenty-nine States were found which have some type of statute discussing

weather modification. These state statutes were found by an examination of the

indices to the state codes under the topics weather modification, climate control

and cloud seeding. Statutes which have been repealed are not included. 1

The following chart divides the types of weather modification statutes into

three main categories : comprehensive, licensing and other. The comprehensive

category would include those statutes which include provisions relating not only

to licensing but also to general policy, liability, etc. State statutes put in the

licensing category are entirely, or almost entirely, concerned with the licensing

of weather modifiers. The "other" category would include States like Hawaii

which discuss weather modification in some manner but have neither a com-

prehensive statute nor one concerning licensing. States for which no provisions

concerning weather modification were found contain a notation of "no provisions"

on the chart. The exact text of those provisions follows the chart.

It should be noted that in most cases the State codes were current through

the 1976 sessions, however, in some cases the most current material available

was from the 1975 sessions.

Types of weather modification statutes

States Comprehensive Licensing Other

Alabama No provisions

Alaska No provisions..

Arizona Arizona Rev. Stat. §§45-

2401—45-2405.

Arkansas. No provisions

California. California Water Code §§ 400-

415; § 235. California Gov-

ernment Code § 53063. Cal-

ifornia Pub. Res. Code

§ 5093.36.

Colorado Colorado Rev. Stat. §§ 36-20-

101—36-20-126.

Connecticut Connecticut Gen. Stat, Ann*

§ 24-5-24-8.

Delaware. No provisions

Florida Florida Stat. Ann. §§ 403.281-

403.411.

Georgia No provisions

Hawaii Hawaii Rev. Stat. §174-5(8).

Idaho Idaho Code §§ 22-3201-22-

3202; 22-4301-22-4302.

Illinois Illinois Ann. Stat. ch. 146 3/4,

§§ 1-32.

Indiana No provisions

Iowa Iowa Code Ann. §§361.1-

361.7.

Kansas Kansas Stat. §§ 19 212f; 82a-

Kentucky No provisions..

Louisiana Louisiana Rev. Stat. Ann.

§§ 2201-2208.

Maine... No provisions.

Maryland No provisions

Massachusetts No provisions

Michigan No provisions.

Minnesota Minnesota Stat. Ann. 42.01- . ... .

42.14.

Missouri No provisions

Montana... Montana Rev. Codes Ann.

§§ 89 310—89 331.

Nebraska Nevada Rev. Stat. §§ 2 2401—

2 2449; 81 829.45.

1 This search w.-is completed In May ii>77.

(514)

Types of weather modification statutes

States Comprehensive Licensing Other

Nevada Nevada Rev. Stat. §§ 544.010-

544.240; 244.190.

New Hampshire - New Hampshire Rev. Stat.

Ann. § 432:1.

New Jersey No provisions

New Mexico New Mexico Stat. Ann. §§ 75- .

37-1-75-31-15.

New York. New York Gen. Mun. Law

§ 119-p.

North Carolina No provisions .

North Dakota. North Dakota Cent. Code

§§ 2-07-01-2-07-13; 37-

17.1-15; 58-03-07.

Ohio. No provisions..

Oklahoma Oklahoma Stat. Ann., title 2,

§§ 1401-1432.

Oregon Oregon Rev. Stat. §§ 558 010-

558.990; 451.010; 451.420.

Pennsylvania Pennsylvania Stat. Ann , title

3, §§ 1101-1118.

Rhode Island No provisions

South Carolina No provisions..

South Dakota. South Dakota Compiled Laws

Ann. §§ 38-9-1—38-9-22;

1-40-8; 10-12-18.

Tennessee No provisions _

Texas Texas Water Code, title 2,

§§14.001-14.112; Texas

Civil Code, title 120A.

§ 6889-7(16).

Utah Utah Code Ann. §§73-15-3—

73-15-8.

Vermont No provisions

Virginia No provisions

Washington Washington Rev. Code Ann

§§ 43.37.010-43.37.200; 43.

27A.080(6); 43.27A.180(1).

West Virginia West Virginia Code §§ 29 2B-

1-29-2B-15.

Wisconsin... Wisconsin Stat. Ann. § 195.40.

Wyoming Wyoming Stat. §§ 10-4—10-6,

§§ 9-267-9-276.

Arizona

§ 45-2401. License required

No person or corporation, other than the United States and its administrative

agencies or the state shall, without having first received a license from the

Arizona water commission, conduct any weather control or cloud modification

operations or attempt artificially to produce rainfall. As amended Laws 1971,

Ch. 49, § 25.

§ 45-2402. Application for license

Any individual or corporation who proposes to operate weather control or cloud

modification projects or attempts to artificially induce rainfall shall, before

engaging in any such operation, make application to the Arizona water commis-

sion for a license to engage in the particular weather control or cloud modification

operation contemplated. As amended Laws 1971, Ch. 49, § 26.

Effective April 13, 1971.

§ 45-2403. Application fee; statement accompanying application

At the time of applying for the license, the applicant shall pay to the Arizona

water commission a fee of one hundred dollars, and shall file an application in

the form prescribed by the Arizona water commission and furnish a statement

showing :

1. The name and address of the applicant.

2. The names of the operating personnel, and if unincorporated all individuals

connected with the organization, or if a corporation the names of each of the

officers and directors thereof, together with the address of each.

516

4. A statement of all other contracts completed or in process of completion at

the time the application is made, giving the names and addresses of the persons

to whom the services were furnished and the areas in which such operations have

been or are being conducted.

5. Methods of operation the licensee will use and the description of the aircraft,

ground and meteorological services to be utilized.

6. Names of the contracting parties within the state, including :

(a) The area to be served.

(b) The months in which operations will be conducted.

(c) The dates when evaluations will be submitted. As amended Laws 1071.

Ch. 49, § 27.

§ 45-2404- Reports required from licensees; failure to file; revocation of license

Each licensee shall within ninety days after conclusion of any weather control

or cloud modification project, file with the Arizona water commission a final

evaluation of the project. Each six months during the operation of any project

which has not been completed, each licensee shall file a report evaluating the

operations for the preceding six months in the project. Failure to file such reports

constitutes grounds for immediate revocation of the license. As amended Laws

1071, Ch. 49, § 28.

§ 45-2405. Equipment license; fee; application; reports required; revocation of

license

for sale, leasing or offering to lease, licensing or offering to license equipment and

supplies designed for weather control or cloud modification shall, before engaging

in such manufacture, sale or offering for sale, procure a license from the Arizona

water commission. The license shall be issued upon payment of a license fee of

ten dollars and the filing of an application which shall show :

1. The name and address of the applicant.

2. The full description of the type and design of the equipment and sup-

plies manufactured and sold by the applicant.

3. The operating technique of the equipment or supplies.

B. Within sixty days after issuance of an equipment license and semi-annually

thereafter, the licensee shall file with the commission a copy of all advertising

material used in selling or offering for sale, leasing or offering for lease, licensing

or offering for license the equipment and supplies manufactured or sold by it.

C. The holder of a license shall within ten days after each sale of equipment or

supplies report to the commission, in writing, the exact character and quantity

of equipment or supplies sold, the date of the sale and the persons to whom the

sale was made.

D. Failure to file a copy of advertising material or reports required in this

section constitutes grounds for immediate revocation of the equipment license)

A s a mended Laws 1071, Ch. 49, § 29.

Effective April 13, 1971.

California

Cal. Water Code §§ 400-415; 235

Regulation of Rain-Making and Rain-Prevention

Sec.

401. Department ; person.

402. License : necessity.

403. License ; application : fee.

404. License : contents of application.

40."). License ; issuance : duration;

400. License : renewal ; fee.

407. Notice of intention.

405. Notice of intention ; contents.

409. Notice of intention : publication.

410. Notice of intention ; proof of publication.

411. Record of operations.

412. Evaluation statement.

413. Emergency nucleation project ; fire fighting.

413.5 Proutrbt emergency.

414. License : revocation or suspension ; procedure.

415. Violation ; offense.

517

§ 400. Legislative finding

The public interest, health, safety, welfare, and necessity require that scientific

experimentation in the field of artificial nucleation, and that scientific efforts to

develop, increase, and regulate natural precipitation be encouraged, and that

means be provided for the regulation and control of interference by artificial

means with natural precipitation of rain, snow, moisture, or water in any form

contained in the atmosphere, within the State, in order to develop, conserve, and

protect the natural water resources of the State and to safeguard life and

property.

(Added by Stats. 1953, c. 139, p. 903, § 1.)

§ J/01. Department ; person

As used in this chapter :

(a) "Department" means the Department of Water Resources.

(b) "Person" means any person, firm, association, organization, partner-

ship, company, corporation, private or public, county, city, city and county,

district, or other public agency.

(Added by Stats. 1953, c. 139, p. 903, § 1. Amended by Stats. 1959, c. 1269, p. 3415,

§2.)

§ 1/02. License ; necessity

attempt to cause condensation or precipitation of rain, snow, moisture, or water

in any form contained in the atmosphere, or shall prevent or attempt to prevent

by artificial means the natural condensation or precipitation of rain, snow, mois-

ture, or water in any form contained in the atmosphere.

(Added by Stats. 1953, c. 139, p. 903, § 1.)

§ 403. License; application; fee

Any person desiring to do any of the acts specified in Section 102 may file with

the department an application in writing for a license. Each application shall be

accompanied by a filing fee fixed by the department with the approval of the

Department of General Services but not to exceed fifty dollars ($50) and shall be

on a form to be supplied for such purpose by the department.

(Added by Stats. 1953, c. 139, p. 904, § 1. Amended by Stats. 1965, c. 371, p. 1599,

§292.)