Science, and transportation united states senate

an agreement with a licensed contractor to implement a cloud seeding project

Chapter I

GENERAL PROVISIONS

1. Authority : 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 projects

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

of Utah.

2. Ownership of Water : All water derived as a result of cloud seeding shall be

considered as a part of Utah's basic water supply the same as all natural precipi-

tation water supplies have been heretofore, and all statutory provisions that

apply to water from natural precipitation shall also apply to water derived from

cloud seeding.

3. Notice to State Engineer : The Director of the Utah Division of Water Re-

sources shall, by written communication, notify the Director of the Utah Division

of Water Rights of any applications for cloud seeding permits within ten (10)

days of receiving such applications.

4. Consultation and Assistance : The Utah Division of Water Resources may

contract with the Utah Water Research Laboratory, or any other individual or

organization, for consultation and/or assistance in developing cloud seeding

projects or in furthering necessary research of cloud seeding or other factors

that may be affected by cloud seeding activities.

5. State and County Cooperation : The Utah Division of Water Resources shall

encourage, cooperate, and work with individual counties, multi-county districts

for planning and development, and groups of counties in the development of cloud

seeding projects and issuance of permits.

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6. Statewide or Area wide Cloud Seeding Project : The State of Utah through

wide cloud seeding programs where the Utah Division of Water Resources may

contract directly with licensed contractors to increase precipitation. The Utah

Division of Water Resources may also work with individual counties, multi-

county districts for planning and development, organizations or groups of coun-

ties, or private organizations, to develop Statewide or areawide cloud seeding

projects.

7. Liability :

(a) Trespass. — 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 enjoin-

able public or private nuisance.

(b) Immunity. — Nothing in these Rules and Regulations shall be con-

strued to impose or accept any liability or responsibility on the part of the

State of Utah or any of its agencies, or any State officials or State employees

or cloud seeding authorities, for any weather modification activities of any

person or licensed contractor as defined in these Rules and Regulations as

provided by Laws of Utah, Chapter 63.

8. Rules:

(a) Purpose. — The Rules contained herein are adopted for the purpose of

ensuring both continued research and appropriate application of weather

modification technology to the needs of Utah, and for minimizing the danger

of weather modification activities to health and property, thus facilitating

administration and enforcement of the State of Utah Cloud Seeding Act of

1973, Laws of Utah, Chapter 193.

(&) Use and Limitation. — These Rules are prescribed for the performance

of the statutory powers and functions vested in the Utah Division of Water

Resources. In no event shall any Rule, or Ru^s, be construed as a limitation

or restriction upon the exercise of any statutory power of the Utah Division

of Water Resources.

(c) Suspension and Waiver of Rules. — The Utah Division of Water Re-

sources may suspend or waive a Rule, in whole or in part, upon a showing

of good cause ; or when, in the discretion of the Utah Division of Water

Resources, the particular facts or circumstances render such suspension or

waiver of the Rule appropriate.

(d) Amending of Rules. — These Rules may be amended from time to time

and new Rules may be adopted by the Utah Division of Water Resources.

Chapter II

UTAH BOARD OF WATER RESOURCES

1. Review of License and Permit : The Board may review applications for

Licenses and Permits and submit recommendations to the Director for his con-

sideration for action on the applications.

2. Policy Recommendations: The Board may advise and make recommenda-

tions concerning legislation, policies, administration, research, and other matters

related to cloud seeding and weather modification activities to the Director and

technical staff of the Utah Division of Water Resources.

Chapter III

WEATHER MODIFICATION ADVISORY COMMITTEE

1. Creation of Weather Modification Advisory Committee : An advisory com-

mittee may be created by the Director of the Utah Division of Water Resources.

Members of this committee shall be appointed by the Director, and serve for a

period of time as determined by the Director.

2. Duties of Weather Modification Advisory Committee :

(a) Advise the Director and technical staff of the Utah Division of Water

Resources on application for licenses and permits ;

(b) Advise and make recommendations concerning legislation, policies,

administration, research, and other matters related to cloud seeding and

weather modification activities to the Director and technical staff of the

Utah Division of Water Resources.

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Chapter IV

1. License and Permit Required : It is unlawful for any person or organization,

not specifically exempted by law and these Rules, to act or perform services as a

weather modifier, without obtaining a license and permit as provided for in the

Cloud Seeding Act and these Rules.

2. To Whom License May Be Issued : Licenses to engage in activities for

weather modification and control shall be issued to applicants who meet the

requirements set out in the Act and Chapter V of these Rules. If the applicant

is an organization, these requirements shall be met by the individual or indi-

viduals who are to be in control and in charge of the applicant's weather modifi-

cation operations.

3. To Whom Permit May Be Issued : A permit may be issued to a licensed

contractor as prescribed in Chapter VI of these Rules.

4. License and Permit Not Required : Individuals and organizations engaging

in the following activities, and only the for owing activities, are exempt from

the license and permit requirements of these Rules :

(a) Research performed wholly within laboratory facilities;

(b) Cloud Seeding activities for the suppression of fog ;

(c) Fire fighting activities where water or chemical preparations are

applied directly to fires, without intent to modify the weather ;

(d) Frost and fog protective measures provided through the application

of water and/or heat by orchard heaters or similar devices, or by mixing

of the lower layers of the atmosphere by helicopters or other type of aircraft

where no chemical are dispensed into the atmosphere, other than normal

combustion by-products and engine exhaust ; and

(e) Inadvertent weather modification (such as emissions from industrial

stacks.)

5. Effective Period of License : Each license shall be issued for a period of one

(1) year. A licensee may renew an expired license in the manner prescribed by

these rules.

6. Effective Period of Permit : Each permit shall be issued for a period as

required by a proposed cloud seeding project, but not exceeding one (1) year.

Chapter V

PROCEDURES FOR ACQUISITION AND RENEWAL OF LICENSE

1. Application for License : In order to qualify for a cloud seeding license an

applicant must :

(a) Submit a properly completed application to the Utah Division of Water

Resources ; and

(b) Submit to the Utah Division of Water Resources evidence of (1) the

possession by the applicant of a baccalaureate or higher degree in meteor-

ology or related physical science or engineering and at least five years'

experience in the field of meteorology, or (2) such other training and ex-

perience as may be acceptable to the Utah Division of Water Resources as

indicative of sufficient competence in the field of meteorology to engage in

cloud seeding activities.

2. Renewal of License : A licensee may qualify for a renewal of a license by

submitting an application for renewal. In the case of an organization, the appli-

cation for renewal must state whether the personnel, on the basis of whose quali-

fications the original license was issued, continue to be in control and in charge

of the organization's cloud seeding operations ; or, if the organization has ac-

quired replacement personnel, that there has been a change in personnel. If the

organization has hired replacement personnel, the organization shall attach to

its application for renewal a statement setting forth the names and qualifica-

tions of said personnel. Licensee should file an application for renewal thirty

(30) days prior to the expiration date of his license.

Chapter VI

PROCEDURES FOR ACQUISITION OF PERMIT

1. Application for Permit : In order to qualify for receipt of a cloud seeding

permit a licensee must :

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of Water Resources, which shall include the name and qualifications of the

person or persons who will be in control of, and in charge of the operations

for the licensee. These qualifications shall comply with Chapter V Section B-l

of these Rules and Regulations ;

(b) Demonstrate to the satisfaction of the Director his ability to respond

in damages for liability which might reasonably arise as a result of the ap-

plicant's proposed cloud seeding activities ;

(c) File a copy of the contract or proposed contract between the sponsor

and licensed contractor relating to the project ;

(d) Submit copies of all pamphlets and promotional material distributed

in connection with the project ;

(e) Submit the plan of operation for the project, including a map showing

locations of all equipment to be used as well as equipment descriptions ;

(f) Receive preliminary approval of the project from the Director before

proceeding with notices of intent described in Chapter VI, Item 1, (g) and

(h) of these Rules.

(g) File with the Utah Division of Water Resources and the Utah Division

of Water Rights a notice of intention for publication which sets forth at least

all of the following :

(1) the name and address of the applicant ;

(2) the date he received a proper cloud seeding license, and all dates of

renewal ;

(3) the nature and the object of the intended operations, aind the per-

son or organization on whose behalf it is to be conducted ;

(4) the specific area in which, and the approximate date and time

during which, the operation will be conducted ;

(5) the specific area which is intended to be affected by the operation ;

(6) the materials and methods to be used in conducting the operation ;

and

should contact the Utah Division of Water Resources.

(h) File with the Utah Division of Water Resources, within fifteen (15)

days from the last date of the publication of notice, proof that the applicant

caused the notice of intention to be published at least once a week for three

(3) consecutive weeks in a newspaper having a general circulation within

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

affected area is located. Publication of notice shall not commence until the

applicant has received approval of the form and substance of the notice of

intention from the Director.

2. Issuance of a Permit : A permit shall not be issued prior to the expiration of

ten (10) days following the last date of publication of the notice of intent.

3. Description of Permit : A licensee shall comply with all the requirements set

out in his permit. A permit shall include the following :

(a) The effective period of the permit, which shall not exceed one year ;

(b) The location of the operation ;

(c) The method (s) which may be employed : and

(d) Other necessary terms, requirements, and conditions.

4. Authority to Amend a Permit : The Utah Division of Water Resources may

amend the terms of a permit after issuance thereof if the Utah Division of Water

Resources determines that it is in the public interest.

Chapter VII

REVOCATION AND SUSPENSION OF LICENSES AND PERMITS

1. Automatic suspension of a Permit : Any cloud seeding permit issued under the

terms of these Rules shall be suspended automatically if the licensee's cloud

seeding license should expire, or in the case of an organization being the licensee,

if the person listed on the application for the permit as being in control of. and in

charge of, operations for the licensee should become incapacitated, leave the em-

ployment of the licensee, or for any other reason be unable to continue to be in

control of, and in charge of, the operation in question ; and a replacement, ap-

proved by the Director, has not been obtained.

2. Reinstatement of Permit : A permit which is suspended under Chapter VII,

Item 1, may be, at the discretion of the Director, reinstated following renewal of

712

a person whose qualifications for controlling and being in charge of the operation

are acceptable to the Director.

3. Director's Authority to Suspend or Revoke Licenses and Permits: The

Director may suspend or revoke any existing license or permit for the following

reasons :

(a) If the licensee no longer possesses the qualifications necessary for the

issuance of a license or permit ;

(b) If the licensee has violated any of the provisions of the Cloud Seeding

Act;

(d) If the licensee has violated any provisions of his license and/or permit.

Chapter VIII

RECORD KEEPING AND REPORTS

1. Information To Be Recorded : Any individual or organization conducting

weather modification operations in Utah shall keep and maintain a record of

each operation which he conducts. For the purposes of this Chapter, the daily

log required by Title 15, Chapter IX, Sub-Chapter A, Part 908, Section 908.8 (a),

Code of Federal Regulations, November 1, 1972, as amended, and the supplemental

information required by Sections 908.8 (b), (c), and (d) will be considered ade-

quate, provided that each applicant for a weather modification permit submit

with his application a list containing the name and post office address of each indi-

vidual who will participate or assist in the operation, and promptly report any

changes or additions to this list to the Utah Division of Water Resources.

2. Reports:

(a) Each individual and organization conducting weather modification

operations in Utah shall submit copies of the daily log and supplemental

information described in Chapter VIII, Item 1, for each month, to the Utah

Division of Water Resources by the last day of each succeeding month.

(b) Information copies of all other reports required by Title 15, Chapter

IX, Sub-Chapter A, Part. 908, Sections 908.5, 908.6, and 908.7, Code of Fed-

eral Regulations, shall be submitted to the Utah Division of Water Resources

as soon as practicable, but in no case later than the deadlines set by the Fed-

eral Regulation.

(c) Copies of all reports, publications, pamphlets, and evaluations made by

either the licensed contractor or sponsor regarding a cloud seeding project

must be submitted to the Utah Division of Water Resources at the time these

are made public.

(d) In relation to any evaluations made for cloud seeding effectiveness,

both the method of evaluation and the data used shall be submitted to the

Utah Division of Water Resources.

Chapter IX

SUSPENSION OF CLOUD SEEDING OPERATION

The policy in regard to suspension of seeding because of potential flood danger

due to excessive snowpack shall be as follows :

1 All watersheds in a designated cloud seeding target area shall be monitored

monthly by the Director of the Division of Water Resources.

2. When it is determined that any watershed in the designated cloud seeding

target area has reached a critical maximum value, a thorough investigation of

this watershed shall be conducted by the Division of Water Resources to deter-

mine if cloud seeding should be suspended.

Washington

713

FORM OF OKDLK AND TRANSMIT! M. HY ACiLNC'Y IIAVINf. SlNCl.L HtAl)

DEPARTM ENT OF ECOLOGY __

(agency name)

Administrate Order No. PE ">">-29

(ill. Elmer C. V oqel, djyujJLydi

the Depa r tment of E co logy,

jo pnmMiFJic ...>j .,j..ni m the Dep a rtment . o i-Ecoiflgy^_j,dce y . W as h i ngto n

repealing chapter 508-20 KPC (Weather Modification Rules) and adopting chapter

173-495 (Weather Modification) . This action is taken since chapter 509-20 KAC

is obsolete it. form and content. The new chapter is restructured in currently

approved format and contains definitive instructions lrclonenting the intent of

chapter 43.37 RCW — Weather Modification. Procedures for license and pormit

application are more clearly defined, exerrpt activities are brought into con-

sonance with chapter 43.37 FCW, and Proof of Financial Responsibility is defined.

(2) VI URN ATI W V I x< mil* 1i*r Adoption of I'crnuncnl Rulrx

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Reviser fur bhnf piirxuant hi elwrMer 14 IM RCW jnd xh.ipicr I 12 WAC

714

WEATHER MODIFICATION

WAC 173-495-010 Purpose. — The Department of Ecology, under the authority

vested in it by Chapter 43.37 RCW, is charged with responsibilities for the super-

vision and control of all weather modification activities within the state, and

representation by the state in all interstate contracts relating to weather modifica-

tion and control. This regulation provides the basic framework for carrying out

the state's responsibility for such a program through the establishment of license

and permit requirements and procedures, report requirements, and fee require-

ments. The provisions of this chapter shall apply to all weather modification ac-

tivities in all parts of the state except as specifically exempted in this chapter

and or in chapter 43.37 RCW.

WAC 173-495-020 Definitions. — As used in these regulations unless the context

requires otherwise:

( 1 ) "Department" means the Department of Ecology.

( 2 i ' 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 (1) year; or in the

case of the performance of weather modification and control activities, individu-

ally or jointly, by a person or persons to be benefited and not undertaken pur-

suant to a contract, operation means the performance of weather modification

and control dtttivities entered into for the purpose of producing, or attempting

to produce, a certain modifying effect within one geographical area and one

continuing time interval not exceeding one (1) year.

(3) "Research and Development" means theoretical analysis, exploration and

experimentation, and the extension of investigative findings of 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 processing.

(4) "Weather Modification and Control" means changing or controlling, or

attempting to change or control by artificial methods the natural development