§ llf.0^6. Renewal License

At the expiration of the license period, the board shall issue a renewal license

to each applicant who pays the license fee and who was the qualifications neces-

sary for issuance of an original license.

§ lJf.OGl. Issuance of Permit

(a) The board, in accordance with its regulations, and upon a finding that the

weather modification and control operation as proposd in the permit application

will not significantly dissipate the clouds and j>revent their natural course of de-

veloping rain in the area where the operation is to be conducted to the material

detriment of persons or property in that area, may issue a weather modification

permit to each applicant who :

(1) holds a valid weather modification license ;

(2) pays the permit fee ;

(3) publishes a notice of intention and submits proof of publication as re-

quired by this chapter ; and

(4) furnishes proof of financial responsibility.

(b) The Board shall, if requested by at least 25 persons, hold at least one public

hearing in the area where the operation is to be conducted prior to the issuance

of a permit.

Amended by Acts 1975, 64th Leg., p. 13,94, ch. 538, § 2, eff. Sept. 1, 1975.

1975 Amendment. Substituted, in present subsec. (a), "and upon finding that the

weather * * * persons or property in that area, may" for "shall" and added subsec. (b).

§ V h 062. Permit Fee

The fee for each permit is $25.

§ 1^.063. Scope of Permit

A separate permit is required for each operation. If an operation is to be con-

ducted under contract, a permit is required for each separate contract. The board

shall not issue a permit for a contracted operation unless it covers a continuous

period not to exceed four years.

Amended by Acts 1975, 64th Leg., P. 1395, ch. 538. § 3, eff. Sept. 1, 1975.

1975 Amendment. Substituted "four years" for "one year".

§ 14.O64. Application and Notice of Intention

Before undertaken any operation, a licensee shall file an application for a per-

mit and shall have a notice of intention published as required by this chapter.

§ 1^.065. Content of Notice

In the notice of intention the applicant shall include :

(1) the name and address of the licensee ;

(2) the nature and object of the intended operation and the person or

organization on whose behalf it is to be conducted ;

(3) the area in which and the approximate time during which the opera-

tion is to 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.

§ 14.066. Publication of Notice

The notice of intention shall be published at least once a week for three con-

secutive weeks in a newspaper of general circulation published in each county

in which the operation is to be conducted and in each county which includes any

part of the affected area. If in any county no newspaper of general circulation is

published, then publication shall be made in a newspaper having general circu-

lation in the county.

%U,.061. Proof of Publication; Affidavit

The applicant shall file proof of the publication, together with the publishers'

affidavits, with the board during the 15-day period immediately following the date

of the last publication.

§ 1J/.068. Proof of Financial Responsibility

Proof of financial responsibility is made by showing, to the satisfaction of the

executive director of the board, that the licensee has the ability to respond in

damages for liability which might reasonably result from the operation for which

the permit is sought.

611

The board may modify the terms and conditions of a permit if :

(1) the licensee is first given notice and a reasonable opportunity for a

hearing on the need for a modification ; and

(2) it appears to the board that a modification is necessary to protect the

health or property of any person.

§ 14-070. Scope of Activity

Once a permit is issued, the licensee shall confine his activities substantially

within the limits of time and area specified in the notice of intention, except to the

extent that the limits are modified by the board. He shall also comply with any

terms and conditions of the permit as originally issued or as subsequently modi-

fied by the board.

§ 14-071. Records and Reports

(a) A licensee shall keep a record of each operation conducted under permit,

showing :

(1) the method employed ;

(2) the type of equipment used ;

(3) the kind and amount of each material used ;

(4) the times and places the equipment is operated ;

(5) the name and post-office address of each individual, other than the

licensee, who participates or assists in the operation ; and

(6) other information required by the board.

(b) The board shall require written reports covering each operation, whether

it is exempt or conducted under a permit.

(c) At the time and in the manner required by the board, a licensee shall sub-

mit a written report containing the information described in subsection (a) of

this section.

(d) All information on an operation shall be submitted to the board before it is

released to the public.

(e) The reports and records in the custody of the board shall be kept open for

public inspection.

Subchapter D. Sanctions

§ 14-091. Suspension; Revocation; Refusal to Renew

(a) The board may suspend or revoke a license or permit if it appears that the

licensee :

(1) no longer has the qualifications necessary for the issuance of an origi-

nal license or permit ; or

(2) has violated any provision of this chapter.

(b) The board may refuse to renew the license of, or to issue another permit

to, any applicant who has failed to comply with any provision of this chapter.

§ 14-092. Hearing Required

The board may not suspend or revoke a license or permit without first giving

the licensee notice and a reasonable opportunity to be heard with respect to the

grounds for the board's proposed action.

§ 14.093. Record of Hearing

The board shall have a record made of all proceedings at each hearing held un-

der Section 14.092 of this code, and shall have the record filed with its findings

and conclusions.

§ 14.101. Immunity of State

The state and its officers and employees are immune from liability for all

weather modification and control activities conducted by private persons and

groups.

(a) This chapter does not affect private legal relationships, except that an

operation conducted under the license and permit requirements of this chapter

is not an ultrahazardous activity which makes the participants subject to lia-

bility without fault.

(b) The fact that a person holds a license or permit under this chapter, or that

he has complied with this chapter or the regulations issued under this chapter, is

not admissible as evidence in any legal proceeding brought against him.

612

§ U.111. Penalty

or order issued under this chapter is guilty of a misdemeanor and upon convic-

tion is punishable by a line of not less than $100 nor more than $1,000, or by con-

finement in the county jail for not more than 10 days, or by both.

(b) A separate offense is committed each day a violation continues.

§ 14.112. Enforcement oy Board

(a) Whenever it appears that, a person has violated or is violating, or is

threatening to violate, any provision of this chapter or any regulation, license,

permit, or order of the board, then the board, or the executive director when au-

thorized by the board, may have a civil suit instituted in a district court for in-

junctive relief to restrain the person from continuing the violation or threat of

violation, or for the assessment and recovery of a civil penalty of not less than $50

nor more than $1,000 for each act of violation and for each day of violation, or

for both injunctive relief and civil penalty.

(b) Upon application for injunctive relief and a finding that a person is vio-

lating or threatening to violate any provision of this chapter or any regulation,

license, permit, or order of the board, the district court shall grant the injunctive

relief the facts may warrant.

(c) At the request of the board, or the executive director when authorized by

the board, the attorney general shall institute and conduct a suit in the name

of the State of Texas for injunctive relief or to recover the civil penalty or for

both injunctive relief and penalty, as authorized in Subsection (a) of this section.

Added by Acts 1971, 62nd Leg., p. 1769, ch. 51S, § 11, eff. May 31, 1971.

Utah

Chapter 15 — Modification of Weather

Sec.

73—15-3. Cloud seeding to increase precipitation — Control of division of water rosources —

ect" defined.

73-15—4. Water from cloud seeding same as natural precipitation — Notice of intent prior

to cloud-seeding project.

73-15-5. Transfer of records and data to division — Establishment of reporting and record

keeping procedures.

73-1 5-6. Cloud-seeding contractors — Registration.

73-15-7. Precipitation caused by authorized project not presumed to constitute trespass

or nuisance.

73-15-8. Cloud seeding in Utah to target area in adjoining state.

73-15-1, 73-15-2. Repealed.

Repeal:; Sections 73-15-1 and 73-15-2 (L». 1953. ch. 129, §§1, 2), relating to

reports to the department of meterology, state school of mines, of weather modifi-

cation activities, were repealed by Laws 1973, ch. 193, § 7. For present provisions,

see 73-15-3 et seq.

73-15-3. Cloud seeding to increase precipitation — Control of division of icatcr

fesdiirccs — Powers and authority of division — "Cloud needing" and "cloud-seeding

project" defined. — The state of Utah through the division of water resources shall

be the only entity, private or public, that shall have authority to authorize, spon-

sor, and/or develop cloud-seeding research, evaluation, or implementation proj-

ects to alter precipitation, cloud forms, or meteorological parameters within the

state of Utah, except cloud seeding for the suppression of fog is excluded. The

division of water resources shall authorize, sponsor, and/or develop local or state-

wide cloud-seeding projects that conform to over-all state water planning objec-

tives and are determined to be feasible by the division of water resources. The

division of water resources may contract with the Utah water research labora-

tory or any other individual or organization for consultation and/or assistance in

developing cloud-seeding projects or in furthering neces-arv research of cloud

seeding or other factors that may be affected by cloud-seeding activities. Cloud

seedinjg as used in this act shall be construed to mean all acts undertaken to arti-

ficially distribute or create nuclei in cloud masses for the purposes of altering

precipitation, cloud forms, or other meteorological parameters. A cloud-see;iiiig

project as used in this act shall be a planned project to evaluate meteorological

conditions, perform c loud seeding, and evaluate results.

7.J-/J-.}. Watt* from cloud seeding same as natural precipitation — Notice of

intent prior to cloud-seeding project. — All water derived as a result of cloud

613

seeding shall be considered as a part of Utah's basic water supply the same as all

visions that apply to water from natural precipitation shall also apply to water

derived from cloud seeding. A notice of intent shall be hied with the division of

water rights prior to the commencement of a cloud-seeding project.

History : L. 1973, ch. 193, § 2.

13-15-5. Transfer of records and data to division — Establishment of report-

ing and record keeping procedures. — All records and data collected by depart-

ment of meteorology of the state school of mines and mineral industries of the

University of Utah since the enactment of sections 73-15-1 and 73-15-2 shall be

transferred to the division of water resources, there to be a permanent record. The

division of water resources shall establish forms and/or criteria for reporting

data and record keeping and cause that a permanent record is kept of all per-

tinent data related to cloud-seeding projects, cloud-seeding research projects, or

research related to other factors that may be affected by cloud-seeding activities.

History : L. 1973, ch. 193, § 3.

73-15-6 Cloud-seeding contractors — Registration. — Any individual or orga-

nization that would like to become a cloud-seeding contractor in the state of Utah

shall register with the division of water resources. As a part of the registration

the applicant shall meet qualifications established by the division of water re-

sources and submit proof of financial responsibility in order to give reasonable

assurance of protection to the public in the event it should be established that

damages were caused to third parties as a result of negligence in carrying out a

cloud-seeding project.

History : L. 1973, ch. 103, § 4.

13-15-7 Precipitation caused by authorized project not presumed to emistitute

trespass or nuisance. — The mere dissemination of materials and substances into

the atmosphere or causing precipitation pursuant to an authorized cloud-seeding

project shall not give rise to any presumption that such use of the atmosphere or

lands constitutes trespass or involves an actionable or enjoinable public or private

nuisance.

History : L. 1973, ch. 193, § 5.

73-15-8 Cloud seeding in Utah to target area in adjoining state. — Cloud seed-

ing in Utah to target an area in an adjoining state is prohibited except upon full

compliance of the laws of the target area state the same is if the cloud-seeding

operation took place in the target area state, as well as the other provisions of

this act.

History : L. 1973, ch. 193, § 6.

Repealing Clause. Section 7 of T-nws 1973. ch. 193 provided: "Sections 73-15-1

and 73-15-2. Utah Code Annotated 1953, as enacted by chapter 129, Laws of Utah

1953, is repealed."

WASinxoTox

Wash. Rev. Code Ann. §§ 43.37.010-43.37.200; 43-27A.080(6) ; 43.27A.180(1)

Chapter 43.37 — Weather Modification Board

Sec.

43.37.020 Bonrd established — Composition, appointment, qualifications, compensation,

quorum.

43.37.030 Powers and duties.

43.37.040 Promotion of research and development activities, contracts and agreements.

43.37.050 Hearing procedure.

43.37.060 Acceptance of sifts, donations, etc. — Weather modification board revolving ac-

count established, excess fees.

43.37.070 Staff services, materials, office space — Expenses.

43.37.0S0 License and permit required.

43.37.090 Exemptions.

43.37.100 Licenses — Requirements, duration, renewal, fees.

42.37.110 Permits — Requirements — Hearings as to issuance.

43.37.120 Separate permit for each operation — Filing and publishing notice of intention —

Activities restricted by permit and notice.

43.37.1 30 Notice of intention — Contents.

43.37.140 Publication.

42 .37.1 FiO Financial responsibility.

43.37.160 Fees — Sanctions for failure to pay.

43.37.170 Records and renorts — Open to public examination.

42.37.1S0 Revocation, suspension, modification of license or permit.

43.37.100 Liability of state denied — Legal rights of private person not affected.

43.37.200 Penalty.

43.37.010 Definitions

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

(1) "Department" means the department of ecology ;

614

(2) "Operation" means the performance of weather modification and control

or attempting to produce, a certain modifying effect within one geographical area

over one continuing time interval not exceeding one year ; or, in case the per-

formance of weather modification and control activities is to be undertaken in-

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

pursuant to a contract, "operation" means the performance of weather modifi-

cation and control activities entered into for the purpose of producing, or attempt-

ing to produce, a certain modifying effect within one geographical area over one

continuing time interval not exceeding one 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 ;

(4) "Weather modification and control" means changing or controlling, or at-

tempting 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. [Amended by Laws 1973 ch. 64 § 1, effective July 1. 1973.]

4S.37.020 Board established — Composition, appointment, aualifteations, eompen-

sation, quorum

(1) There is established a weather modification board to consist of the director

of conservation, who shall be the chairman and wiio shall exercise no vote except

in case of a tie vote, nine members all appointed by the governor, including a

member of the faculty of Washington State University, a member of the faculty

of the University of Washington, one member to be a person experienced in. and

actually engaged in the commercial production of horticultural products, three

members to be persons experienced in, and actually engaged in the commercial

production of other agricultural products, and three members representing the

general public. Members appointed to represent horticulture, other agricultural

products, and the general public, shall each represent a different congressional

district in order that each congressional district of the state shall be represented

by one such appointee. The term of office of each member of the board appointed

prior to March 3. 1961 shall be four years, except that the first terms of office of

such appointed members first taking office shall expire, as determined by the gov-

ernor at the time of their appointment, one each at the end of the first, second,

third and fourth years after March 3, 1957. The term of office of each member

appointed to the board as an additional member because of this amendatory act

[1061 c 1954 § 1] shall be four years, except that the first terms of office of such

appointed members first taking office shall expire, as determined by the governor

at the time of their appointment, two at the end of the first year after March 3.

1961, and one each at the end of the second, third, and fourth years after March 3.

1961. Any member appointed to fill a vacancy occurring prior to the expiration

of the term for which his predecessor was appointed shall be appointed for the

remainder of such term.

(2) Members of the board shall receive no compensation for the performance

of their duties under the provisions of this chapter; but each member shall be

reimbursed, to the extent allowed by law from funds available for the adminis-

tration of this chapter, for expenses necessarily incurred in the performance of

his duties.

(3) A majority of the members shall constitute a quorum for the transaction

of business.

17.030 rowers and duties

In the performance of its functions the department may, in addition to any

other acts authorized by law:

(D Establish advisory committees to advise with and make recommendations

to the department 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 is

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

or property: and make such rules and regulations as are necessary in the per-

formance of its powers and duties;

615

(3) Make such studies, investigations, obtaiu such information, and hold such

ing its authority or in the administration or enforcement of this chapter or any

regulations or orders issued, thereunder ;

(4) Appoint and fix the compensation of such personnel, including specialists

and consultants, as are necessary to perform its duties and functions :

(5) -Acquire, in the manner provided by law, such materials, equipment, and

facilities as are necessary to perforin its duties and functions ;

(6 ) Cooperate with public or private agencies in the performance of the depart-

ment's functions or duties and in furtherance of the purposes of this chapter ;

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

or negotiations for interstate compacts relating to weather modification and con-

trol. [Amended by Laws 1973 ch 64 § 2, effective July 1, 1973.]

Ij.^.M.OIfO Promotion of research mnd development activities — Contracts and

agreements

The department 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 department may conduct, and make arrangements, including con-

tracts and agreements, 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;

i - i Utilization of weather modification and control for agricultural, indus-

trial, commercial, and other purposes;

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

ties. [Amended by Laws 1973 ch § 3, effective July 1, 1973.]

Ji3.o7.0o0 — Hearing procedure

In the case of hearings pursuant to RCW 43.37.1S0 the department shall, and

in other cases may, cause a record of the proceedings to be taken and filed with

the department, together with its findings and conclusions. For any hearing, the

director of the department or a representative designated by him is authorized

to administer oaths and affirmations, examine witnesses, and issue, in the name

of the department, notice of the hearing or subpoenas requiring any person to

appear and testify, or to appear and produce documents, or both, at any desig-

nated place. [Amended by Laws 1973 ch G4 § 4, effective July 1, 1973.]

43.37.060 Acceptance of gifts, donations, etc.

(1) The department may, subject to any limitations otherwise imposed by

law. receive and accept for and in the name of the state any funds which may

be offered or become available from federal grants or appropriations, private

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

subject to any limitations otherwise provided by law, for the encouragement

of research and development by a state, public, or private agency, either by direct

grant, by contract or other cooperative means.

(2) All license and permit fees paid to the department shall be deposited in the

state general fund. [Amended by Laws 1973 ch 64 § 5, effective July 1, 1973.]

43.37.070 Staff services, materials, office space — Expenses

Repealed by Laws 1973 ch 64 § 19, effective July 1, 1973.

43.37.080 License and permit required

Except as provided in RCW 43.37.090, no person shall engage in activities for

weather modification and control except under and in accordance with a license

and a permit issued by the department authorizing such activities. [Amended by

Laws 1973 ch 64 § 6, effective July 1, 1973.]

43.37.090 Exceptions

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

for exempting from license, permit, and liability requirements. (1) research and

development and experiments by state and federal agencies, institutions of higher

learning, and bona fide nonprofit research organizations; (2) laboratory re-

search and experiments: (3) activities of an emergent character for protection

against fire, frost, sleet, or fog; and (4) activities normally engaged in for pur-

616

poses other than those of inducing, increasing, decreasing, or preventing precipi-

43.37.100 Licenses — Requirements, duration, renewal, fees

(1) 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 competence in the field of meteorology to the satisfaction of the

department, reasonably necessary to engage in activities for weather modifica-

tion and control. If the applicant is an organization, these requirements must

be met by the individual or individuals who will be in control and in charge of

the operation for the applicant.

(2) The department 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 chapter. Each license shall be issued for a period to expire

at the end of the calendar year in which it is issued and. if the licensee possesses

the qualifications necessary for the issuance of a new license, shall upon applica-

tion be renewed at the expiration of such period. A license shall be issued- or

renewed only upon the payment to the department of one hundred dollars for the

license or renewal thereof. [Amended of Laws 1973 ch 64 § 8, effective July

1, 1973.]

43.37.110 Permits — Requirement? — Hearings as to issuance

The department 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 chapter only :

(1) If the applicant is licensed pursuant to this chapter ;

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

filed as required by RCW 43.37.140 ;

(3) If the applicant furnishes proof of financial responsibility, as provided

in RCW 43.37.150, in an amount to be determined by the department but not to-

exceed twenty thousand dollars ;

(4) If the fee for a permit is paid as required by RCW 43.37.160;

(5) If the weather modification and control activities to be conducted under

authority of the permit are determined by the department to be for the general

welfare and public good ;

(6) If the department has held an open public hearing in Olympia as to such

issuance. [Amended by Laws 1973 ch 64 § 9, effective July 1, 1973.]

43.37.120 Separate permit for each operation — Filing and publishing notice of

intention — Activities restricted by permit and notice

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

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

department 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

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

fied by the department ; and his activities shall also conform to any conditions

imposed by the department upon the issuance of the permit or to the terms of

the permit as modified after issuance. [Amended by Laws 1973 ch 64 § 10, effec-

tive July 1, 1973.]

43.37.130 Notice of intention — Contents

The notice of intention shall set forth at least all 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 ;

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

43.37.140 Notice of intention — Publicat ion

(1) The applicant shall cause the notice of intention, or that portion there-

of including the items specified in RCW 43.37.130, to be published at least once

a week for three consecutive weeks in a legal newspaper having a general cir-

culation and published within any county in which the operation is to be c<>n-

ducted and in which the affected area is located, or, if the operation is to be con-

ducted 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-

617

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

within the appropriate county, publication shall be made in a legal newspaper

having a general circulation within the county.

(2) Proof of publication, made in the manner provided by law, shall be filed

by the licensee with the department within fifteen days from the date of the last

publication of the notice. [Amended by Laws 1973 ch G4 § 11, effective July 1,

1973.]

43.37.150 Fina?icial responsibility

ing, to the satisfaction of the department, his ability to respond in damages for

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

fication and control activities in connection with the rperation for which he seeks

a permit. [Amended by Laws 1973 ch 64 § 12, effective July 1, 1973.1

J { 3.31.160 Fees — Sanctions for failure to pay

The fee to be paid by each applicant for a permit shall be equivalent to one

and one-half percent of the estimated cost of such operation, the estimated cost

to lie computed by the department from the evidence available to it. The fee is

due and payable to the department as of the date of the issuance of the permit;

however, if the applicant is able to give to the department satisfactory security

lor the payment of the balance, he may be permitted to commence the operation,

and a permit may be issued therefor, upon the payment of not less than fifty per-

cent of the fee. The balance due shall be paid within three months from the date

of the termination of the operation as prescribed in the permit. Failure to pay a

permit fee as required shall be grounds for suspension or revocation of the li-

cence of the delinquent permit holder and grounds for refusal to renew his li-

cense or to issue any further permits to such person. [Amended by Laws 1973 ch

04 $ 13, effective July 1. 1973.]

.'(3.31.170 Reeords and reports — Open to public examination

(1) Every 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 li-

censee, and such other general information as may be required by the department

and shall report the same to the department at the time and in the manner

required.

( 2) The department shall require written reports in such manner as it provides

but not inconsistent' with the provisions of this chapter, covering each operation

for which a permit is issued. Further, the department shall require written re-

ports from such organizations as are exempted from license, permit, and liability

requirements as provided in RCW 43.37.090.

( 3 ) The reports and records in the custody of the department shall be open for

public examination. [Amended by Laws 1973 ch 64 § 14, effective July 1, 1973.1

43.37.180 Revocation, suspension, modification of license or permit

(1) The department may suspend or revoke any license or permit issued if

it appears that the licensee no longer possesses the qualifications necessary for

the issuance of a new license or permit. The department may suspend or revoke

any license or permit if it appears that the licensee has violated any of the pro-

visions of this chapter. Such suspension or revocation shall occur only after

notice to the licensee and a reasonable opportunity granted such licensee to be

heard respecting the grounds of the proposed suspension or revocation. The de-

partment may refuse to renew the license of, or to issue another permit to, any

applicant who has failed to comply with any provision of this chapter.

(2) The department may modify the terms of a permit after issuance there-

of 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

department that it is necessary for the protection of the health or the property of

any person to make the modification proposed. [Amended by Laws 1973 ch 64 § 15,

effective July 1, 1973.1

43.37.190 Liability of state denied — Legal rights of private persons not affected

Nothing in this chapter shall be construed to impose or accept any liability

or responsibility on the part of the state, the department, or any state officials

613

or employees for any weather modification and control activities of any private

rights, duties, or liahilities between any private persons or groups. [Amended by

Laws 1973 ch 64 § 16, effective July 1, 1973.1

.',3.37.900 Revolving account abolished

The weather modification board revolving account is hereby abolished. Any

funds remaining in such account shall be transferred to the general fund. [Added

by Laws 1973 ch 64 § 17, effective July 1, 1973.1

.',3.37.200 Penal in

Any person violating any of the provisions of this chapter or any lawful reg-

ulation or order issued pursuant thereto, shall lie guilty of a misdemeanor : and

a continuing violation is punishable as a separate offense for each day during

which it occurs.

'/3.27A.080 Powers, duties, functions of certain state agencies transferred to

department — Columbia basin division

The department shall exercise the powers, duties and functions, through divi-

sions as provided for in RCW 43.27A.070 of the following state agencies or divi-

sion of state agencies, and public officials, and all their powers, duties and

functions are transferred to the department ofsvater resources :

(1) The division of reclamation of the department of conservation;

(2) The division of water resources of the department of conservation ;

(3) The division of flood control of the department of conservation ;

(4) The division of power resources of the department of conservation ;

(5) The Columbia basin commission ;

(6) The weather modification board ;

All other powers, duties or functions now vested in the department of con-

servation or the director thereof are transferred to the department of water re-

sources, except those powers which are expressly transferred to some other agency

of the state by this chapter. The director in exercising the powers, duties and

functions of the Columbia basin commission as set forfli in chapter 43.49 RCW

may create and maintain in the department a Columbia basin division.

'/3.27A.180 Agencies abolished

On July 1, 1967, the following state agencies are abolished :

(1) Weather modification board.

(2) Columbia basin commission.

(3) Power advisory committee.

(4) Department of conservation.

West Virginia

W. Va. Code §§ 29-2B-1— 29-2B-15

Article 2B — Weather Modification

Sec.

29-2B-2. Definitions.

29-2B-3. Administration by director and commission.

29-2B-4. When license and registration of equipment required.

L.'!)-2B-r>. Application for license.

29-2B-6. Registration of equipment.

29-2B-7. Publication of notice of intention to undertake operation.

29 2B- 8. Permission to undertake emergency project without compliance with § 29-2B -7

29-2B-9. Records and reports.

29-2B-10. Research projects ; safetv.

29-2B-11. Enforcement of article.

29-2B-12. Suspension or revocation of license.

29 2B— 13. Compensation for damage.

29-2B-14. Acts not authorized.

29-2B-15. Offenses and penalties.

§ 29-2B-1. Declaration of policy

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

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

to develop and increase natural precipitation of rain, snow, moisture, or water in

any form contained in the atmosphere, within the State, be encouraged in order

to develop, conserve, and protect the natural water resources of the State and to

safeguard life and property. (1969, c. 18.)

619

§ 29-2B-2. Definitions

(a) "Director" means the director of aeronautics.

(b) "Commission" means the West Virginia aeronautics commission.

(c) "Operation" means the performance of weather modification and control

activities pursuant to a single contract entered into for the purpose of producing,

or attempting to produce, a certain modifying effect within one geographical area

over one continuing time interval not exceeding one 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 control

activities entered into for the purpose of producing, or attempting to produce, a

certain modifying effect within one geographical area over one continuing time

interval not exceeding one year.

(d) "Person" means any individual, firm, association, organization, partner-

ship, company, corporation, private or public, political subdivision, or other public

agency.

experimentation and the extension of investigative findings and theories of a

scientific or technical nature into practical application for experimental and dem-

onstration purposes, including the experimental production and testing of models,

devices, equipment, materials and processes.

(f) "Weather modification and control" means changing or controlling, or at-

tempting to change or control, by artificial methods the natural development of

any or all atmospheric cloud forms and precipitation forms which occur in the

troposphere. (1969, c. 18.)

§ 29-2B-3. Administration by director and commission

The director shall administer this article under the supervision of the commis-

sion. (1969, c. 18.)

§ 29-2B-4. When license and registration of equipment required

(a) Xo person, without first securing a license from the commission, shall

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

water in any form contained in the atmosphere.

(b) Xo person without registering with the commission shall have in his pos-

session any cloud seeding equipment unless he is an employee of or under contract

with a person conducting a weather modification and control operation who has

been granted a license by the commission. (1969, c. 18.)

§ 29-2B-5. Application for license; renewal; temporary suspension

(a) Any person desiring to do any of the acts specified in section four [§ 29-

2B— 1] of this article may file with the director an application in writing for a

license. Each application shall be accompanied by a filing fee fixed by the com-

mission but not to exceed one hundred dollars, and shall be on a form to be sup-

plied for such purpose by the director.

(b) Every application shall set forth all of the following :

(1) The name and post-office address of the applicant.

(2) The previous education, experience and qualifications of the applicant

or, if the applicant is other than an individual, the previous education, ex-

perience and qualifications of the persons who will be in control of and

charged with the operations of the applicant. Previous experience includes

subcontracting or counseling services.

(3) A general description of the operations which the applicant intends to

conduct and the method and type of equipment, including all nucleating

agents, that the applicant proposes to use. Aircraft must be listed by numbers

and pilots' names.

(4) A statement listing all employees who are residents of West Virginia

or who will be directly employed in the intended operation, or both.

(5) A bond or insurance covering any damage the licensee may cause

through his operations in an amount of fifteen thousand dollars or other evi-

dence of financial responsibility shall be furnished and executed at the time

of the grant of the license : Provided, that no bond shall be required of any

person who shall cause or attempt to cause condensation or precipitation of

rain, snow, moisture or water in any form contained in the atmosphere over

any landing strip or runway of any airport or any approach thereto in an

effort to improve the visibility above the landing strip, runway or approach.

(6) Every applicant shall have a resident agent within this State.

620

(e) Upon the filing of the application upon a form supplied by the director and

required filing fee and bond or insurance, the director may issue a license to the

applicant entitling the applicant to conduct the operations described in the ap-

plication for the calendar year for which the license is issued, unless the license

is sooner revoked, suspended or modified.

(d) A license may be renewed annually upon application to the director, ac-

companied by a renewal fee fixed by the commission but not to exceed one hun-

dred dollars, on or before the last day of January of the calendar year for which

the license is renewed.

(e) Any license granted under this section shall be subject to temporary sus-

pension by the director. Such suspension may occur whenever the director is noti-

fied by the office of emergency services that, within an area defined by the office

of eniergency services, precipitation or other effects of weather modification op-

erations would be likely to cause or aggravate a potential or ongoing disaster

Any such suspension shall continue until the director is notified by the office of

emergency services that the disaster or threat of disaster has passed. Should any

license be suspended under this subsection, the prohibitions of section four [§ 29-

2B-,4] and penalties of section fifteen [§29-2B-15] of this article shall become

I ive immediately. (19G9, c. 18 ; 1973, c. 50.)

§ 29-2 Ji-G. Registration of equipment

Every person not desiring a license who owns or possesses cloud seeding equip-

ment, shall promptly register the same with the director on a form furnished by

him. (1969, c. 18.)

§ 29-2B-7. Publication of notice of intention to undertake operation.

(a) Prior to undertaking any operation authorized by the license, the licensee

shall file with the director and cause to be published a notice of intention. The

licensee shall then confine his activities for that operation substantially within

the time and area limits set forth in the notice of intention.

(b) The notice of intention shall set forth 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

persons on whose behalf it is to be conducted.

(3) The area in which and the approximate time during which the opera-

tion will be conducted.

(4) The area which will be affected by the operation as near as the same

may be determined in advance.

(e) The notice of intention required by this section shall be published as a

Class III legal advertisement and the publication area shall be the county where-

in the operation is to be conducted and in which the affected area is located, or,

if (lie 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 such notice shall be published in like

manner in a newspaper having a general circulation within each of such counties.

td) Proof of publication shall be filed by the licensee with the director within

fifteen days from the date of the last publication of the notice. Proof of publica-

tion shall be by copy of the notice as published, attached to and made a part of

the affidavit of the publisher or foreman of the newspaper publishing the notice.

H9G9. c. 18.)

§ 29-2B-8. Permission to undertake emergency project without compliance irifh

§ 29-2B-7.

fa) Notwithstanding any provision of this article to the contrary, the director

may grant a licensee permission to undertake an emergency niicleation project,

without prior compliance by the licensee with the provisions of section seven

[§29-2P>-71. subsection (a), if the same appears to the commissioner to be neces-

sary or desirable in aid of extinguishment of fires.

( b) Notwithstanding any provision of this article to the contrary, upon request

of the county commissioners of a county or of the governing body of a city, bor-

ough, town or township, and upon the submission of such supporting evidence as

I he commission may require, the commission may grant a licensee permission to

undertake a nucleation project for the purpose of alleviating a drought emer-

gency, without prior compliance by the licensee with the provisions of section

seven [§29-2P>-7], subsection (a), requiring publication of notice of intention,

if such project appears to the department to be necessary or desirable.

(c) Nothing contained in Ibis sect ion shall he construed as to relieve the licensee

in the cases set forth in subsection (a) or (b) of this section from compliance

621

of intention and filing of proof of such publication, as soon after the granting of

permission by the director as is practicable. In lieu thereof the licensee may fur-

nish equivalent transmission of notice of intention by radio or television, and

proof thereof, as soon after the granting of permission by the director as is prac-

ticable. (1969, c. 18.)

§ 29-2B-9. Records and reports

(a) Every licensee shall keep and maintain a record of all operations con-

ducted by him pursuant to his license showing the method employed, the type

of equipment used, the times and places of operation of the equipment, the name

and post-office address of each person participating or assisting in the operation

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

commission, and shall report the same to the director immediately upon the

completion of each operation.

(b) Each licensee shall further prepare and maintain an evaluation statement

for each operation which shall include a report as to estimated precipitation,

defining the gain or loss occurring from nucleation activities, together with

supporting data therefor. This statement, together with such other pertinent

information as the commission may require, shall be sent to the commission

upon completion and be available to inspection by the commission or director at

all times on the licensee's premises.

(c) The commission shall require written reports concerning each operation

conducted by a licensee under this article.

(d) All information on an operation shall be submitted to the commission

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

(e) The reports and records in the custody of the commission shall be open for

public examination as public documents. (1969, c. 18.)

§ 29-2B-10. Research projects ; safety

(a) Research work within the province of this statute shall be permitted only

when authorized by the commission.

(b) Government and armed forces projects within the province of this statute

must meet all the requirements of this article.

(c) No nucleating agent may be used in concentrations dangerous to man or

causes environmental pollution as determined by the state department of health.

(1969, c. 18.)

§ 29-2B-11. Enforcement of article

In order to enforce the provisions of this article, the "West Virginia state police

shall, on request of the commission, assign at least one trooper and one investi-

gator to an area where unlawful cloud seeding is suspected. If such police request

the same, the commission shall assign an airplane and pilot. Air samples shall

be taken by the West Virginia air pollution control commission if requested by

the state police or the commission. For such enforcement purposes, the state

department of health shall furnish such technical services as the commission or

director may request. (1969, c. 18.)

§ 29-2B-12. Suspension or revocation of license

Any license may be revoked, suspended or modified if the commission finds,

after due notice to the licensee and a hearing thereon, that the licensee has

failed or refused to comply with any of the provisions of this article. The

proceedings herein referred to shall be conducted in accordance with tbe pro-

visions of article one [§ 29A-1-1 et seq.], chapter twenty-nine- A of the Code of

West Virginia, one thousand nine hundred thirty-one, as amended, known as

the "West Virginia Administrative Procedures Act" and the commission shall

have all the powers granted therein. (1969, c. 18.)

§ 29-2B-13. Compensation for damage

Any license who causes a drought as determined by the commission shall com-

pensate farmers for damages. Any licensee who by causing heavy downpours or

storms which cause damage to lands as determined by the commission shall com-

pensate farmers and property owners for such damages. (1969, c. 18.)

§ 29-2B-14. Acts not authorized

(a) Nothing contained in this article shall authorize any person to carry out

a cloud seeding operation from West Virginia to seed in another state where such

cloud seeding is prohibited.

34-857—79 42

622

pression -of lightning. (1969, c. 18.)

§ 29-2B-15. Offenses and penalties

(a) Any airplane pilot who flies an airplane with numbers invisible to escape

identification under this article shall be guilty of a misdemeanor, and, upon

conviction thereof, have his license revoked for a period of five years.

(b) Any airport owner or operator who knowingly boards cloud seeding planes

to seed clouds or who operates as a cloud seeder without a license shall be guilty

of a misdemeanor, and, upon conviction thereof, have his airport permit revoked

for one year and be sentenced to pay a fine of not more than five hundred dollars

and for a second or subsequent offense, he shall be sentenced to pay a fine of

not more than one thousand dollars.

(c) Any person knowingly having in his possession without registering the

same with the commission any cloud seeding equipment shall, on conviction

thereof, be sentenced to pay a fine of ten thousand dollars.

(d) Any person who makes any false statement to secure a license under this

article shall, on conviction thereof, have his license revoked permanently.

(e) Any person who violates any other provision of this article shall be guilty

of a misdemeanor, and, upon conviction thereof, shall be fined not more than

one thousand dollars, or imprisoned in the county jail not more than one year,

or both fined and imprisoned. (1969, c. 18.)

Wisconsin

Wise. Stat. Ann. § 195.40

195. J/0 Reporting operations to artificially influence precipitation

(1) For the purpose of determining the effect of operations designed to in-

fluence precipitation of atmospheric moisture by artificial means it is hereby

required that all persons engaged in such operations shall comply with the pro-

visions of this section.

(2) Any person who enters into any contract for or engages in any activity de-

signed or intended to affect by artificial means the precipitation of atmospheric

moisture in this state shall register each proposed operation with the commission.

(3) The registration shall set forth such data as to time, place and method

of each operation as the commission shall reasonably require for the purpose of

making a scientific evaluation of each operation and its effect upon the public

welfare.

(4) Each registrant shall within 10 days report on the conduct of each opera-

tion and shall provide such data as the commission may deem necessary in the

public interest.

(5) Any person who * * * violates any of the provisions of this section shall

forfeit for each such offense a sum * * * not to exceed $250 together with the

actual costs of all administrative and legal action necessary to collect such for-

feiture. Such forfeiture shall be enforced and the proceeds disposed of as pre-

scribed in s. * * * SO. 03. Any unregistered operation shall be subject to summary

abatement as a public nuisance.

Wyoming

Wyo. Stat. 1 §§ 10-4—10-9; 9-267—9-276

§ 10-)/. Aerial spraying, etc. — Annual registration required; information to he

shown. — On the first Monday in May of each year, any person or persons, firm,

partnership, corporation, association, or any other organization engaged in the

activity or business of aerial spraying, spreading of seeds, weather-modification

or other Chemicals, dusting, fertilizing, baiting, predator control or insect control

of any area of Ibis state, and all aircraft in Wyoming used for predator control

or equipped with apparatus for distribution of sprays, dnsts, weather-modifica-

tion or other Chemicals, seeds, or bait shall be registered annually with the

Wyoming aeronautics commission on a printed form or forms prescribed by

the Wyoming aeronautics commission, showing the name of the firm to be

registered, the name and address of the owner, owners, and manager thereof,

the name and address of the person to pilot such aircraft, his airman rating,

number of hours flown, with airman certificate number, the make, model and

type of aircraft to be used and the identification number assigned to the aircraft

and type of spraying, seed or chemical spreading or dusting rig installed on the

aircraft. (Laws 1951, ch. 142, § 1 ; 1973, eh. 57, § 1.)

623

§ 10-5. Same — Unlawful unless registered. — It is unlawful for any person, firm,

to engage in the activtiy or business of spraying, spreading of seeds, weather-

moditication or other chemicals, dusting, fertilizing, baiting, predator control

or inspect control of any area of this state by means or aircraft unless they

are registered with the Wyoming aeronautics commission. (Laws 1951, ch. 142,

§2; 1973, ch. 57, § 1.)

§ 10-6. Same — Pilot, operator or applicator qualifications. — All pilots, operators,

or applicators conducting aerial spraying, spreading of seeds, weather-modifica-

tion or other chemicals, dusting, fertilizing, predator control or insect control

by aircraft must have a minimum of 500 solo hours, 75 of which are in the

same type aircraft used in making the application or control, and 25 hours

actual spraying or predator control experience. A pilot may satisfy the require-

ment for actual spraying, or predator control experience by taking five hours of

dual simulated low flying from a qualified instructor. (Laws 1951, ch. 142, §3;

1973, ch.57, § 1.)

§ 10-7. Same — Shut-off devices for aircraft required. — That each aircraft spray-

ing, seed or chemical spreading or dusting rig used for aerial application or dis-

semination of sprays, weather-modification or other chemicals and dusts shall

be satisfactorily equipped with a positive shut-off device at each discharge

nozzle (manually controlled shut-off valves, spring loaded valves or Ball checks

acceptable) which will absolutely prevent the dissemination of material on

any portion of the terrain over which flight is made other than the area being

treated or sprayed. (Laws 1951, ch. 142, § 4.)

§ 10-8. Same — Records of applications. — That each applicator must maintain

a record of each application of weather-modification or other chemicals, fer-

tilizer or insecticides which records may be inspected by officials of the aero-

nautics commission on demand. Copies of said records shall be transmitted to

the Wyoming aeronautics commission within ten days after the end of each

calendar month during period of operation in this state and prior to departure

from the State of Wyoming. The records shall contain the following minimum

information : Name and address of contractee ; property description ; variety

of crop treated ; stage of crop growth ; pests or weeds to be controlled ; brand

and type of chemical used ; type of solution or seeds used ; quantity of chemical

used per acre ; date and time sprayed or treated ; wind velocity and direction.

(Laws 1951, ch. 142, §5.)

§10-9. Same — Violation of §§ 10-4 to 10-8. — Whoever shall violate any provi-

sion of this act [§§ 10-4 to 10-9] or rules and regulations thereunder shall be

guilty of a misdemeanor and upon conviction shall be fined not less than twenty-

five ( $25.00) dollars for the first offense and not less than fifty ($50.00) dollars

for each subsequent offense, or by imprisonment in the county jail not exceeding-

sixty (60) days, or both. (Laws 1951, ch. 142, § 6.)

Article 12

Weather Modification Board

§ 9-267. Sovereign right to moisture in clouds declared; encouraging weather

experimentation; proper safeguards. — A. It is hereby declared that the Start'

of Wyoming claims its sovereign right to the use for its residents and best in-

terests the moisture contained in the clouds and atmosphere within its sovereign

state boundaries.

B. It is hereby declared that although little is known regarding artificial weath-

er modification, research and experimentation shall be encouraged.

C. It is hereby declared that although the ultimate use of modification methods

is speculative, the application of such methods should have proj)er safeguards

and provide sufficient data to protect life, property, and public interest. (Laws

1951, ch. 131, § 1. )

§ 9-268. Board created; designation ; composition; compensation ; expenses. —

There is hereby created a board, to be known as the state weather modification

board. The members of the board shall consist of the state engineer, the com-

missioner of agriculture, and the president of the University of Wyoming or

their designated representatives. The members shall serve on the board without

pay but shall be entitled to charge actual expenses incurred therewith to the

department by which they are primarily einnloved. (Laws 1951. eh. 131. §2.)

§ 9-269. Function of board; "weather modification" defined. — The primary func-

624

tion of ,the board is to procure, compile, and evaluate information relative to

The term "weather modification" means changing, or controlling any of the

weather phenomena by chemical, mechanical, or physical methods. (Laws 1951,

ch. 131, §3.)

§ 9-270. Weather modification permit — Required to engage in modification ac-

tivities; issuance; form. — It shall be unlawful for anyone to engage in weather

modification activities except under and in accordance with a permit issued by

the state engineer. The state engineer may issue such permit only upon the rec-

ommenation of the weather modification board and in such form as prescribed

by the board. (Laws 1951, ch. 131, § 4.)

§ 9-211. Same — Separate permit required for each experiment or activity;

permits issued for one year; revocation; fees, qualifications of permittee; author-

ity to promulgate rules and regulations. — A separate permit shall be issued for

each experiment or activity. Permits shall be revocable by the state engineer upon

recommendation of the board, in accordance with such procedures as the board

shall establish. Permits are to be issued for one year from October 1 of one year

to September 30 of the following year. A fee of $25 shall be charged for each permit

issued or renewed. Fees received by the board shall be deposited with the state

treasurer to be placed into the general fund. A permit shall be issued only to a

person, or persons, who can demonstrate to the board's satisfaction that he has

or they have adequate qualifications in the atmospheric sciences. To justify is-

suance of a permit, the state weather modification board is hereby granted rea-

sonable authority to promulgate the rules and regulations necessary to effectuate

the purposes of the Wvoming weather modification laws. (Laws 1951, ch. 131,

§ 5 : 1965, ch. 66, § 1 ; 1971, ch. 104, § 1 ; 1973. ch. 245, § 3.

§ 9-212. Same — Registration certificate to be issued; fee. — Prior to the issuance

of any permit the board shall have issued a registration certificate to the person

or persons requesting such permit. A registration certificate shall be issued only

after the board has considered and approved the qualifications and responsibility

of the person or persons requesting a certificate. A registration fee of twenty-five

dollars ($25.00) per calendar year shall be charged for each registration certifi-

cate so issued. Registration fees so received by the board may be used by the

board in paying part or all of its administrative expenses. (Laws 1951, ch. 131,

§6.)