Science, and transportation united states senate

any person to make the modification proposed.

(Added to NRS by 1961, 696)

■ 5.',J h 230 Construction of NRS 5Jf' h 070 to 5U.2IfO, inclusive. Nothing in NRS

544.070 to 54 4. 240, inclusive, shall be construed to impose or accept any liability

or 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

liabilities between any private persons or groups.

' Added to NRS by 1961. 696)

544.240 Penalties. Any person violating any of the provisions of NRS 544.070

to 544.2-JO. inclusive, or any lawful regulation or order issued pursuant thereto

shall be guilty of a misdemeanor and a continuing violation is punishable as a

separate offense for each dav during which it occurs.

( Added to NRS by 1961. 696)

244-181 Franchises for garbage collection, disposal services; fire protection,

suppression : ambulance service. 1. Any board of county commissioners may grant

exclusive franchises to operate any of the following services outside the limits

of incorporated cities within the county :

I a ) Garbage and disposal.

(b) Fire protection and suppression.

(c) Ambulance service to pick up patients outside the limits of such incorpo-

rated cities.

2. Nothing in paragraph (c) of subsection 1 shall prevent any ambulance

service from transporting patients from any county in which it is franchisee!

to another county.

3. The board of county commissioners may, by ordinance, regulate such services

and fix fees or rates to be charged by the franchise holder.

4. A notice of the intention to grant any franchise shall be published once in a

newspaper of general circulation in the county, and the franchise may not be

granted until 30 days after such publication. The board of county commissioners

shall give full consideration to any application or bid to supply such services, if

received prior to the expiration of such 30-day period, and shall grant the fran-

chise on terms most advantageous to the county and the persons to be served.

5. The provisions of chapter 709 of NRS shall not apply to any franchise granted

under the provisions of this section.

ti. Nothing in this section shall be construed to prevent any individual, partner-

ship, corporation or association from hauling his or its own garbage subject to

the regulations of the board of county commissioners promulgated under the pro-

visions of this section.

1 Added to NRS by 1960. 433 : A 1971, 1372 ; 1975, 569)

. J 'j' f .190 Weather modification cooperative agreements. 1. The boards of county

commissioners of the various counties are empowered to enter into cooperative

agreements with the State of Nevada, other counties of this state, or any private

or public organization, and with private concerns engaged in weather modification

(cloud seeding) operations.

2. The expenses incident and necessary for the participation of counties in such

cooperative program, as provided in subsection 1, shall be paid out of the general

funds of such counties, and the board of county commissioners of any county act-

ing under the terms of this section shall annually, at the time of making its

budget, make an estimate of the expenses necessary to carry out its agreement,

under the provisions of this section, and budget the same, in all respects, as other

items of the budget may be made.

3. All agreements for cooperation between the State of Nevada and the counties,

and with any private organization as set forth in subsection 1, shall be evidenced

bv written agreements made and entered into by the boards of county commis-

sioners interested, and the same shall be spread upon the minutes of each of the

boards at the time of the adoption thereof.

4. All action taken and all proceedings adopted prior to March 2, 1955, by the

boards of county commissioners of Pershing, Lander, Eureka, Humboldt. Elko

and While Pine counties, relating to weather modification (cloud seeding), are

ratified, approved and confirmed.

[ 1 :26 :1955]-K2 :2G :1955] + [3 :26 :1955] + [4 :26 :1955]

%44'Wh VQtyng machines: Rental, lease, acquisition. Boards of county commis-

571

will best serve local interests.

(Added to NRS by 1965, 615 ; A 1975, 570)

244.195 Other powers. The boards of county commissioners shall have power

and jurisdiction in their respective counties to do and perform all such other acts

and things as may be lawful and strictly necessary to the full discharge of the

powers and jurisdiction conferred on the board.

[Part 8 :80 :1865 ; A 1871, 47 ; 1931, 52 ; 1933, 203 ; 1953, 681]

New Hampshire

NJL Rev. Stat. Ann. §432:1

Weather Modification Experimentation

432:1 Weather Modification Experimentation. Any department or agency of the

state may, with the approval of the governor and council and within the limits of

appropriated funds or by means of gifts, donations or grants, engage in and under-

take experimentation in the techniques and methods for weather modification,

and may cooperate therein with the federal government, with authorized agencies

of other states, and with interested persons and organizations.

New Mexico

N.M. Stat. Ann. §§ 75-37-1-75-31-15

Article 37 — Weather Control and Cloud Modification

Sec.

75-37-1. Short title.

75-37-3. Declaration of rights.

75-37-4. Attempt to control precipitation — License required.

75-37-5. Application for license.

75-37-6. Application for license — Contents — Annual license fee — Statement.

75-37-7. Issuance of license.

75—37—8. License fee — Expiration.

75-37-9. Reports required from licensees.

75-37-10. Revocation of license.

75-37—11. Judicial review.

75-37-12. Operations affecting weather in other states.

75-37-13. Enforcement.

75-37-14. Powers and duties of commission.

75-37-15. Violations of act — Penalty.

75-37-1. Short title.— This act [75-37-1 to 75-37-15] may be cited as the "Wea-

ther Control Act."

75-37-2. Definitions. — As used in the Weather Control Act [75-37-1 to 75-37-

15] "commission" means the weather control and cloud modification commission.

History : Laws 1965, ch. 235, § 2.

75-37-3. Declaration of rights. — It is declared that the state of New Mexico

claims the right to all moisture in the atmosphere which would fall so as to be-

come a part of the natural streams or percolated water of New Mexico, for use

in accordance with its laws.

75-37-4. Attempt to control precipitation — License required. — No person or cor-

poration shall, without having first received a license from the commission, con-

duct any weather control or cloud modification operations or attempt to control

precipitation.

History : Laws 1965, ch. 235, § 4.

75-37-5. Application for license. — Any individual or corporation who proposes

to operate weather control or cloud modification projects or who attempts to induce

precipitation, shall, before engaging in any such operation, make application to

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

modification operation contemplated.

History : Laws 1965, ch. 235, § 5.

75-37-6. Application for license — Contents — Annual license fee — Statement. —

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

fee of one hundred dollars ($100), and shall file an application in the form pre-

scribed by the commission which shall be accompanied by a statement showing:

A. The name and address of the applicant ;

B. The names of the operating personnel, and, if unincorporated, all individ-

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

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

C. The scientific qualifications of all operating and supervising personnel ;

572

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 ;

E. The objective of the operation, methods of operation the licensee will use,

and the description of the aircraft, ground and meteorological services to be used ;

!F. Names of the contracting parties within the state ; including :

(1) the area to be served ;

'(2) the months in which operations will be conducted ;

(3) the methods to be used in evaluating the operation ; and

G. Any other information the commission deems necessary.

'History : Laws 1965, ch. 235, § 6.

75-37-7. Issuance of license. — The commission may issue a license to any

applicant who demonstrates sufficient financial responsibility, to the satisfaction

of the board, necessary to meet obligations reasonably likely to be attached to or

result from weather control or cloud modification activities, and skill and ex-

perience reasonably necessary to accomplishment of weather control without

actionable injury to property or person.

History : Laws 1965, ch. 235, § 7.

15-31-S. License fee — Expiration. — A license shall expire at the end of the

calendar year in which it is issued and may be renewed upon payment of the

annual license fee.

History : Laws 1965, ch. 235, § 8.

15-31-9. Reports required from licenses. — lEach licensee shall, within ninety

[90] days after conclusion of any weather control or cloud modification project,

file with the commission a final evaluation of the project. Each three [3] months,

during the operation of any project which has not been completed, each licensee

shall file a report evaluating the operations for the preceding three [3] months in

the project. Failure to file such reports constitute [s] grounds for immediate revo-

cation of the license. Each evaluation report shall contain such information as

required by the commission in order to aid in research and development in weather

modification and to aid in the protection of life and property.

History : Laws 1965, ch. 235, § 9.

15-31-10. Revocaton of license. — The commission shall revoke any license if

it shall appear that the licensee no longer possesses the qualifications necessary

for the issuance of a new license, or is guilty of a violation of any of the pro-

visions of the Weather Control Act [75-37-1 to 75-37-15]. Such revocation shall

occur only after notice to the licensee, and a reasonable opportunity has been

granted the licensee to be heard respecting the grounds of the proposed revocation.

History : Laws 1965, ch. 235, § 10.

15-31-11. Judicial review. — Rulings by the commission on the issuance, re-

fusal or revocation of a license are subject to review only in the district court

for Santa Fe Countv and the state Supreme Court.

History : Laws 1965, ch. 235, § 11.

15-31-12. Operations affecting weather in other states. — Weather control or

cloud modification operations may not be carried on in New Mexico for the pur-

pose of affecting weather in any other state which prohibits such operations, or

which prohibits operations in that state for the benefit of New Mexico or its in-

habitants.

iHistory : Laws 1965, ch. 235, § 12.

15-31-13. Enforcement. — Enforcement of the Weather Control Act T 75-37-1

to 75-37-15] is vested in the board of regents of New Mexico Institute of Mining

and Technology. The board of regents shall appoint a three-member weather con-

trol and cloud modification commission for the purpose of administering the pro-

visions of the Weather Control Act. Technical assistance, research, evaluation,

and advice to the commission shall be furnished by the institute at the direction

of the board of rodents. The commission shall elect from among its members a

chairman and other officers it dooms nooessnry. All fees collected by the commis-

sion shall be placed in a fund to be used by the commission for the purposes of

ca rrving out the provisions of the Weather Control Act.

History : Laws 1965. ch. 235. § 13.

7. r >~31-1/t. Powers and duties of commission. — The commision may:

A. Make nil rules and regulations necessary to carry out the provisions of the

Weather Control Act T75-37-1 to 75-37-15] ;

B. Make any Held investigations and inspections necessary to the enforcement

of the Weather Control Act ;

573

C. Make periodic reports on weather control and cloud modification activities

D. Make recommendations to the legislature through the board of regent* on

needed legislation in the regard to weather control and cloud modification.

History : Laws 1965, ch. 235, § 14.

75-37-15. Violations of act — Penalty. — Any person conducting weather con-

trol or cloud modification operations without first having procured a license, or

who makes a false statement in the application for a license, or who fails to file

any report or evaluation required by the Weather Control Act [75-37-1 to 75-37-

15], or who conducts any weather control or cloud modification operation after

revocation of his license, or who violates any provision of the Weather Control Act

is guilty of a misdemeanor.

History : Laws 1965, ch. 235, § 15.

New York

N.Y. Gen. Mun. Law Law § 119-p

Article 5-H — Projects Relating to the Use of Atmospheric Water Resources-

[New]

119 — p. Projects relating to the use of atmospheric water resources.

Article added L.1965, c. 661, eff. July 2, 1965.

§ 119-p. Projects relating to the use of atmospheric water resources

Every municipal corporation is, and any two or more municipal corporations

are, hereby authorized and empowered to conduct or engage in projects, experi-

ments and other activities designed to develop the use of atmospheric water re-

sources, and to make scientific evaluations of such projects, experiments and

other activities, or to contract therefor, and to appropriate and expend moneys

therefor. In the case of a joint project by two or more municipal corporations,

the share of the cost of such project or activity to be borne by each such munic-

ipal corporation shall be fixed by contract. The expenditure of moneys for such

purpose by a municipal corporation shall be deemed a lawful municipal purpose

and the moneys appropriated therefor shall be raised by tax upon the taxable real

property within the municipal corporation in the same manner as moneys for

other lawful municipal purposes. Each municipal corporation is hereby author-

ized to accept and disburse grants of public or private money or other aid paid

or made available by the state or federal government for any such purpose.

Added L.1965, c. 661, eff. July 2, 1965.

North Dakota

N.D. Cent. Code §§ 2-07-01—2-07-13; 37-17.1-15; 58-03-07

Chapter 2-07 — Weather Modification

Sec.

2-07-01 Ownership of water

2-07-02 Definitions.

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

2-97-02.2 Weather modification board — Districts created.

2-07-02.3 Direction and supervision by aeronautics commission — Independent functions

retained by board.

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

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

2-07-03 License and permit required.

2-07-03.1 Exemptions.

2-07-03.2 Operator deemed to be doing business within state — Resident agent.

2-07-03.3 Issuance of license — Fee.

2—07—03.4 Revocation or suspension of license.

2-07-04 Permit required — Issuance of permit — Fee.

2-07-04.1 Hearings.

2-07-04.2 Revocation, suspension, or modification of permit.

2^07-04.3 Proof of financial responsibility.

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

counties.

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

2t-07-05.2 Weather modification authority may suspend operations.

2-07-06 Weather modification authority created by petition.

2-07-06.1 Petition contents.

34-857—79 39

574

Sec.

2-07-06.3 Tax levy may be certified by weather modification authority.

2-07-06.4: Creation of weather modification authority and its powers by resolution.

2-07-06.5 Procedure for abolishment of weather modification authority and all its powers

by recall initiated petition.

2-07-06.6 Creation of weather modification authority by election.

2 07-06.7 Abolishment of weather modification authority by election.

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

commissioners.

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

2-07-08 Bids required — When.

2-07-09 Performance bond required.

2-07-09.1 Bid bond required.

2-07-10 State immunity.

2-07-10.1 Liability of controller.

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

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

2 07-12 Aeronautics commission — Compensation — Expenses.

2-07-13 Penalty.

5S-03-07. Powers of electors. — The electors of each township have the power

at the annual township meeting:

1. To establish one or more pounds within the township, to determine the lo-

cation of the pounds, to determine the number of poundmasters and to choose

the poundmasters, and to discontinue pounds which have been established ;

2. To select the township officers required to be chosen ;

3. To direct the institution or defense of actions in all controversies where the

township is interested ;

4. To direct the raising of such sums of as they may deem necessary to prose-

cute or defend actions in which the township is interested ;

5. To make all rules and regulations for the impounding of animals ;

6. To make such bylaws, rules, and regulations as may be deemed necessary

to carry into effect the powers granted to the township ;

7. To impose penalties not exceeding ten dollars for each offense on persons

offending against any rule or regulation established by the township ;

8. To apply penalties when collected in such manner as they deem most con-

ducive to the interests of the township ;

0. To ratify or reject recommendations offered by the board of township su-

pervisors for the expenditure of funds for the purpose of purchasing building

sites and for the purchase, location, erection, or removal of any building or erec-

tion for township purposes. No recommendation shall be adopted except by a two-

thirds vote of the electors present and voting at any annual township meeting ;

10. To authorize and empower the board of township supervisors to purchase

liquids, compounds, or other ingredients for the destruction of noxious weeds,

and sprinklers to be used in spraying said liquids or compounds. No township

shall purchase more than two such sprinklers in any one year ;

11. Repealed by S.L. 1949, ch. 343, § 1 ;

12. To authorize aid to a district fair association within the limits provided

in title 4, Agriculture ;

13. To authorize the levy of township taxes for the repair and construction of

roads and bridges and for other township charges and expenses within the limits

lii-escribed in title 57, Taxation;

14. To direct the expenditure of funds raised for the repair and construction

of roads within the limits provided in title 24, Highways, Bridges, and Ferries ;

To authorize the dissolution of the township in the manner provided in

this title;

16. To authorize the purchase and maintenance of dipping tanks as provided in

title 30,* Livestock ;

17. To authorize (he purchase of township firefighting equipment in the man-

ner provided in title 18.** Fires; and to authorize the entering into a contract

for Are protection as provided for in section 18-00-10; and

15. To establish a fund for the eradication of gophers, prairie dogs, crows, and

magpies.

L9. To authorize the expenditure of township funds for weather modification

activities.

97 17:1-/5. Weather modification. — The division of disaster emergency services

shall keep continuously apprised of weather conditions which present danger of

precipitation pr other climatic activity severe enough to constitute a disaster. If

flic division determines that precipitation that may result from weather inoditi-

cation operations, either by itself or in conjunction with other precipitation or

climatic conditions or activity, would create or contribute to the severity of a

575

disaster, it shall direct the officer or agency empowered to issue permits for

upon, no permits may be issued until the division informs the officer or agency

that the danger has passed.

Source : S. L. 1973. ch. 281, § 15.

2-07-01. Ownership of ivater. — In order that the state may share to the fullest

extent in the benefits already gained through fundamental research and investi-

gation on new and improved means for predicting, influencing, and controlling

the weather, for the best interest, general welfare, health, and safety of all the

people of the state, and to provide proper safeguards in applying the measures

for use in connection therewith in order to protect life and property, it is deemed

necessary and hereby declared that the state of North Dakota claims its sovereign

right to use the moisture contained in the clouds and atmosphere within the

sovereign state boundaries. All water derived as a result of weather modification

operations shall be considered a part of North Dakota's basic water supply and