Science, and transportation united states senate

93 Ibid., pp. 6-8.

94 North Dakota Century Code, ch. 2-07. "Weather Modification. Sec. 2-07-01. Ownership

of Water." (Pertinent sections of the North Dakota Century Code, dealing with weather

modification, are reproduced in app. D, p. 573.)

34-857 O - 79 - 26

366

The policy of the State toward weather modification is summarized

The legislative assembly finds that weather modification affects the public

health, safety, and welfare, and that, properly conducted, weather modification

operations can improve water quality and quantity, reduce losses from weather

hazards, and provide economic benefits for the people of the State. Therefore, in

the public interest, weather modification shall be subject to regulation and con-

trol, and research and development shall be encouraged. In order to minimize pos-

sible adverse effects, weather modification operations shall be carried on with

proper safeguards, and accurate information shall be recorded concerning such

operations and the benefits obtained therefrom by the people of the State. 05

North Dakota encourages weather modification research and develop-

ment through its laws and regulations and through State-supported

research projects ; however, there is also a fairly well-developed scheme

for regulation and control of operational activities. State law also per-

mits local jurisdictions to raise funds to support local weather modifica-

tion operations, in which the State shares funding.

Regulation of weather modification activities takes place to some ex-

tent through application of certain provisions of environmental and

aviation laws; however, there are specific portions of the North Dakota

Century Code that are directly applicable. 96 Control, regulation, and

coordination of weather modification projects, through the issuance

of licenses and permits and promulgation of rules and regulations, is

vested in the North Dakota Weather Modification Board, which oper-

ates under the direction and supervision of the State's aeronautics

commission. The board is composed of the director of the aeronautics

commission, a representative of the environmental section of the State

department of health, the State engineer of the water conservation dis-

trict, and seven other members, appointed by the Grovernor, one from

each of seven lists of three nominees given to him by the weather modi-

fication authorities from seven districts in the State. The seven districts

are comprised of geographical groupings of the State's 53 counties. 97

The powers and duties of the board include :

1. Authority to appoint an executive secretary to serve at the

board's discretion and to perform such duties as assigned by the

board.

2. Authority to employ such a staff as is necessary to carry out the

3. Preparation of reasonable rules and regulations concerning li-

censing and permits ; standards and instructions governing operations,

monitoring, and evaluation; and recordkeeping and reporting of

activities.

4. Authority to contract for weather modification operations; with

the requirement that the board must also cany on monitoring and

evaluation activities in connection with such operations.

5. Authority to order operators whose activities are in violation of

the law to cease and desist from further operations.

6. Cooperation and contracting with Federal, local, and State agen-

cies whose activities are similar to the work of the board and are con-

sistent with the intent and purpose of the State law. The board may

also, in accordance with the law, accept grants or services from com-

as i 1 ill. sec 2 "7 01.1, "Declaration of Policy and Purpose."

80 See app. D, p. 573.

07 North Dakota Century Code, sees. 2-07-02.1, 2-07-02.2, and 2-07-02.3.

367

services to carry out the provisions of the law.

7. Authority to administer and enforce the provisions of the law.

8. Maintain interstate contact with bordering States and provinces

for the purposes of coordinating interstate weather modification proj-

ects. North Dakota is a member of the North American Interstate

Weather Modification Council, through which the board attempts to

provide an input to such Federal weather modification laws and regu-

lations which may be enacted and impact on North Dakota. 98

In addition to the responsibilities and authorities listed above, based

upon the State law, the Governor of North Dakota has also charged

the boa rd with the following tasks :

1. Assure that operations are concerned with the health, safety, and

welfare of the public.

2. Make certain that research and operational aspects of weather

modification activities are concerned with improvement of water qual-

ity and distribution as well as quantity.

3. Insure that the weather modification program is seriously con-

'cerned with reduction of losses from such weather hazards as severe

storms, excessive rainfall, and hail.

4. Guarantee that the program is designed to improve both the

social and economic benefits to all segments of the State's population.

5. Assure that all activities are prefaced with appropriate technical

planning and scientific research."

Licenses are required for weather modification operations in North

Dakota, and for each project a permit must be obtained. Rules of

eligibility for licensees and procedures for application for licenses and

permits, in accordance with the State law, are detailed in "Rules and

Regulations Relating to Weather Modification Operations," published

by the Weather Modification Board. 1 Application for a license must

include information on the applicant's former record of applications

elsewhere ; previous instances of refusal, suspension, or revocation of

a license ; and a statement of qualifications for individuals designated

to be in control of operations, including : education, professional mem-

berships, professional certificates or licenses, experience, publications

and patents, and professional references who will attest to the appli-

cant's character. Applicants meeting minimum requirements and ap-

proved by the board are granted licenses to conduct weather modi-

fication operations in North Dakota for 1 calendar year; however,

licenses may be renewed annually upon reapplication and board ap-

proval. Causes for which the board may suspend, revoke, or refuse to

renew a license include incompetency, dishonest practice, false or

fraudulent information in obtaining a license or permit, failure to

comply with provisions of the weather modification laws or with

rules promulgated by the board, and violation of any permit or permit

condition. 2

98 Rose. R. Lynn (executive secretary of the North Dakota Weather Modification Board).

Testimony before the U.S. Department of Commerce Weather Modification Advisory Board,

Grand Forks, N. Dak., Aug. 27, 1977.

69 Ibid.

1 North Dakota Weather Modification Board. "Rules and Regulations Relating to Weather

Modification Operations" (published in a booklet along with rules of practice and procedure

ertaining to hearings before the board, adopted July 1. 1976 ; and North Dakota Century

ode. chapter 2-07, weather modification, SL-75, 5i pp. The rules and regulations relat-

ing to weather modification operations are reproduced in app. M, p. 691.)

2 Ibid., pp. 5-7.

368

Permits are required for each project to be conducted by a licensee

public comment and possible hearings, recommendation by the direc-

tor of the Weather Modification Board, and final action by the board.

Information accompanying the application must include the appli-

cant's Xorth Dakota license number ; data on any previous suspension,

revocation, or refusal of permits; registration to do business in North

Dakota; registration of pilots and aircraft with the North Dakota

Aeronautics Commission; evidence of financial responsibility; and a

complete description of the operational plan, which includes:

1. The nature and object of the operation ;

2. The legal description of. and a map showing the operations

area and the target area;

3. The approximate starting date of the operation and its an-

ticipated duration ;

•i. The kind of seeding agent (s) intended for use and the antici-

pated rate of their use ;

5. A list of equipment which will be used and the method (s) of

seeding for which they will be used ;

6. An emergency shutdown procedure, which states conditions

under which operations will be suspended because of possible dan-

ger to the public health, safety, and welfare or to the environ-

ment ;

and carried out, such as the location of the main operational office

and any other offices used in connection with the operation : the

location of ground equipment such as seeding generators, radar,

and evaluation instrumentation ; the number and kinds of aircraft

which will be used ; and the extent to which weather data will be

made available to the licensees and other personnel carrying out

the project ; and

8. How conduct of the operation will interact with or affect

other weather modification operations. 3

The board gives notice of its consideration of a particular permit

application and allows 20 days for public comment on the proposed

project. Upon receiving objection or on its own motion, the board

may conduct a hearing after at least 10 more days of further notice

iu a newspaper circulated in the county where the notice of considera-

tion was first published. Within 45 days after close of the comment

period the board takes action to approve or disapprove a permit re-

quest, taking into consideration recommendations from the director

of the board and testimony received at the hearing. The board may

attach conditions which it deems appropriate to permits which it other-

wise approves. Such conditions may include modifications or restric-

tions to methods and times of operation, change of target and opera-

tions areas, safety precautions, and recordkeeping. Permits may be

suspended, revoked, or modified if the board perceives that such action

is necessary, either on the basis of noncompliance with conditions of

the permit by the operator or the general welfare of the people of the

State. Permits expire on December 31 of the year in which they are

issued and may not be renewed. 4

The Weather Modification Board, under rules which they are to

3 Ibid., pp. 8-9.

* Ibid., pp. 9-10.

369

requirements :

1. Research and development in weather modification conducted by

the State, political subdivisions of the State, colleges and universities

of the State, agencies of the Federal Government, or bona fide research

corporations.

2. Weather modification operations of an emergency nature taken

against fire, frost, or fog.

Such exempted activities are to be conducted in such a way that they

will not unduly interfere with weather modification projects conducted

under a permit. 5

There is also another statute provision in North Dakota which en-

ables the State to suspend weather modification activities if precipita-

tion enhancement could contribute to the severity of a disaster such as

a flood. This provision, which supersedes authorities given to the board

to issue permits in times of such disasters, states that :

The Division of Disaster Emergency services shall keep continuously apprised

of weather conditions which present danger of precipitation or other climatic

activity severe enough to constitute a disaster. If the division determines that

precipitation that may result from weather modification operations, either hy

itself or in conjunction with other precipitation or climatic conditions or activity,

would create or contribute to the severity of a disaster, it shall direct the officer

or agency empowered to issue permits for weather modification operations to

suspend the issuance of the permits. Thereupon, no permits may be issued until

the division informs the officer or agency that the danger has passed. 8

The rules and regulations disseminated by the weather modification

board require the keeping of records and the submission of reports.

Permittees must complete and retain daily logs and monthly sum-

maries for the activities of each unit of weather modification apparatus

used during an operation, obtain and retain copies of all daily precipi-

tation records available for the target area from the National Weather

Service, keep a roster of the names and addresses of all employees

participating in an operation for which a permit has been issued, and

permit duly authorized agents of the board to inspect any equipment

and records required. Persons conducting projects exempted from

permit requirements by the board must maintain all of the same kinds

of records required of permittees. 7

Within 10 days after the conclusion of each calendar month permit-

tees must submit a written report to the board, including the following

information :

1. A copy of the monthly summary record of activity for each

unit of weather modification apparatus used in the operations;

2. A copy of the roster of all names and addresses of employees

participating in the operations;

3. A copy of the Federal interim activity report filed for that

month with the National Oceanic and Atmospheric Administra-

tion, in accordance with rules adopted under the authority of

Public Law 92-205 8 ; and

-i. A narrative account of the manner in which operations dur-

ing the month did not conform to the operational plan filed with

the permit application.

5 North Dakota Century Code. sec. 2-07-03.1.

6 North Dakota Century Code. sec. 37-17.1-15.

7 Nort 1 - Dakota Weather Mortification Board. "Rules and Regulations Relating to Weather

Modification Operations," pp. 11-12.

8 See ch. 5, p. 232,

370

Within 30 days after final completion of the operation, a permittee

of the daily logs on usage of units of apparatus and of the total usage

for each unit for the entire operational period, (2) a copy of the final

Federal activity report filed with the National Oceanic and Atmos-

pheric Administration, and (3) a narrative account of the manner

in which the operation did not conform to the operational plan filed

with the permit application. 9

Within 60 days after completion of an operation, the permittee

must file with the board a narrative evaluation of the operation. Data

in this report is to be assembled in conformance with the evaluation

plan submitted with the permit application. The board may choose to

require all or any of these reports to be filed by persons conducting

weather modification projects excluded from permit requirements. 10

Authority and organization for local projects

In 1965 the North Dakota legislature enacted a law, 11 which author-

ized electors of townships within the State to levy taxes for weather

modification activities, if approved by a majority vote at annual town-

ship meetings. This action, however, did not stimulate uniform cloud

seeding projects and resulted in a checkerboard pattern of participat-

ing townships over the State. In the same year the legislature enacted

chapter 2-07 of the State code, 12 authorizing boards of county com-

missioners to levy up to 2 mills on net taxable valuation of property

in the county for a weather modification fund, upon majority approval

in a county wide election. No counties are known to have taken ad-

vantage of this provision, and the legislature amended chapter 2-07

in 1969 to provide for county weather modification authorities, which

can request the board of county commissioners to levy up to 2 mills

for cloud-seeding purposes. Seven counties used this provision for the

1970 season, and 10 additional authorities were created in 1973 and

1974 as dry summers brought about more interest. 13

North Dakota law specifies that the county authorities are created

for a 10-year period, either by petition or by countywide election. The

17 authorities established through 1975 were all formed on the basis

of petitions containing signatures of at least 51 percent of voting resi-

dents in the county. When two counties included a question on crea-

tion of an authority in county elections in 1976, both attempts failed.

The law also provides for repeal of authorities through similar pro-

cedures, and opposition groups succeeded in obtaining signatures of

at least 51 percent of the voters on petitions repealing authorities in

six counties during the winter of 1976-77. 14

Amendments to the North Dakota weather modification law (Cen-

tury Code, chapter 2-07) passed by the legislature during 1975 re-

quired the North Dakota Weather Modification Board to establish

weather modification districts and an advisory committee for each

9 North Dakota Weather Modification Board, ' Rules and Regulations Relating to Weather

Modification Operations," pp. 12-13.

10 Ihid.. p. 13.

11 North Dakota Century Code. sec. 58-03-07, powers of electors.

] - North Dakota Century Code, ch. 2-07, weather modification.

"Schock, Martin R., "Weather Modification Activities in Nort*> Dakota. South Dakota,

and Minnesota from 19*53 Through 1976," University of North Dakota. Department of Avia-

tion, Grand Forks. N. Dak.. June 1077 (sponsored by U.S Department of the Interior. Bu-

reau of Reclamation, Division of Atmospheric Water Resources Management, HIPLEX

program ) . ]>. 5.

"Ibid., p. 6.

371

of counties having authorities, although all 53 counties are assigned

to one of the seven districts. Each county authority, with five persons

managing the program from the county level, sets up annual program

objectives, requests funds from the county commission, and holds an

annual meeting. The multicounty districts then form the second level

of local administration, through the operations advisory committees,

composed of one representative from each county within the district.

The committee, meeting monthly throughout the operational season

and sporadically during the remainder of the year, formulates basic

goals and policies for the project in the given district along State

guidelines and reviews all activities. 15

Annually, individual contracts are drawn up between the State

Weather Modification Board and the county authorities, written as

service contracts and defining in detail the operations advisory com-

mittee organization, weather modification services provided, responsi-

bilities of each party, and funding. For all counties within an opera-

tional district the contracts are identical for all counties, except for

county funding amounts. 16

The Weather Modification Board is empowered to receive and ex-

pend funds which may become available from Federal grants or

appropriations, gifts, bequests, and county funds received for weather

modification. With the exception of funds received from the counties,

the board may spend any of these funds for the encouragement of

research and development in weather modification by private persons,

the North Dakota State University, the University of North Dakota,

or any other appropriate public agency in the State, through direct

grant, contract, or other means. All such funds are transferred to the

State Treasurer and placed in a weather modification fund. County

weather modification authorities which have contracted with the State

board for weather modification services contribute to the State

weather modification fund in accordance with the determination of

the board regarding funding necessary to provide the county with

weather modification services. 17

North Dakota operational projects in 1975 and 1976

In accordance with the provisions of the North Dakota Century

Code and the rules and regulations of the Weather Modification

Board, operational projects in the State were sponsored by local or

regional weather modification associations through the 1975 season.

Since that year all regional projects have been conducted by the State

under the North Dakota cloud modification project, in conjunction

with weather modification associations. Figures 5 and 6 shows the

regions covered by weather modification operations during the 1975

and 1976 seasons, respectively, in North Dakota, South Dakota, and

Minnesota. (The latter two States are included in the maps since data

on their activities were also part of the report from which North

Dakota information was obtained. 18 The cross-hatched circle in west-

ern South Dakota in figure 5 indicates the general location of a

research project during 1975.

15 Rose, testimony before the U.S. Department of Commerce Weather Modification Advi-

sory Board, August 1977.

19 Ibid.

17 North Dakota Century Code. sees. 2-07-11 and 2-07-11.1.

18 Schock. "Weather Modification Activities in North Dakota, South Dakota, and Minne-

sota from 1951 Through 1976," June 1977, pp. 62, 64.

372

operational weather modification projects were conducted during 1975. (The

cross-hatched area indicates the approximate target area for a research proj-

ect.) (From Schock. 1977.)

Figure 6.— Counties in North Dakota. South Dakota, and Minnesota in which

operational weather modification projects were conducted during 1976. (From