partment may issue a permit in response to an ap-

to issue the permit. The Department may issue a permit in response to an ap-

plication for an operation if it determines that there has been substantial com-

pliance with Section 17 of the Act and Rule 7(1). Otherwise it shall deny the

application for the permit. The Department shall complete its action upon ap-

plications within thirty days of receiving them.

4. Conditions and Limits of Permits. — The permittee shall confine weather

modification activities within the conditions and limits specified in the permit

and those imposed by the Act and these Rules, except to the extent the condi-

tions and limits are modified by the Department. The Department may con-

dition and limit permits as to target area, time of the operation, materials and

methods to be used in conducting the operation, emergency shutdown procedure

and such other operational requirements as may be established by the Depart-

ment. The Department shall condition and limit all permits in the following

respects :

(a) A permit may cover only one operation ;

(b) When an operation is conducted under contract, a separate permit

is required for each contract ; and

(c) Only one permit will be issued at a time for operations in any geo-

graphical area if two or more operations conducted within the conditions

and limits of the permits might adversely interfere with each other.

5. Duration of Permit. — Within thirty days of the end of each yearly permit

period the permittee shall file a permit application form available from the

Department, an original for the Department and a copy thereof for the Chair-

man of the Board, at the address of the Department. The Department shall

complete its action upon applications within thirty days of receiving them.

6. Proof of Financial Responsibility. — Proof. of financial responsibility is made

by showing to the satisfaction of the Department that the permittee has the

ability to respond in damages to liability which might reasonably result from the

operation for which the permit is sought. Such proof of financial responsibility

may, but shall not be required to be, shown by :

(a) Presentation to the Department of proof of purchase of a prepaid non-

cancellable insurance policy or a corporate surety bond issued by a company

approved by the Department against whom service of legal process may be

made in Illinois against such liabilities in an amount ten times the value

of an operation conducted under contract or in an amount ten times the

estimated costs of an operation not conducted under contract ; or

(b) Depositing with the Department cash or negotiable securities in an

amount ten times the value of an operation conducted under contract or in

an amount five times the estimated costs of an operation not conducted

under contract.

7. Renewal of Permit. — At the expiration of the permit period, the Department

shall issue a renewal permit to each applicant who :

(a) At least thirty clays before expiration of the permit period files the

original of a permit application form available from the Department with

the Department and a copy with the Chairman of the Board at the Depart-

ment's address ;

(b) Meets the criteria for issuance of a permit under Section 17 of the Act

and Rule 7(1), including payment of the permit fee ; and

(c) Has an operational record which indicates that an original permit

would be issuable for the operation.

RULE 8 — RECORDS

1. Daily Log. — Each permittee must fill in and retain a daily log of weather

modification activities for each unit of weather modification apparatus used

during an operation. The log form which will be available from the Department

requires :

(a) Date of the weather modification activity ;

(b) Each aircraft flight track and location of each item of weather modi-

fication apparatus during each modification mission. Maps may be used ;

682

(c) Local time when modification activity began and ended. For intermit-

(d) Duration of operation of each unit of weather modification apparatus,

in hours and minutes ;

(e) Description of type of modification agent used ;

(f) Rate of dispersal of agent during the period of actual operation of

weather modification apparatus, by hour or other appropriate time period ;

(g) Total amount of modification agent used. If more th,an one agent was

used, report total for each type separately ;

(h) Local time when any radar monitoring operation was turned on and

turned off;

(i) Type of clouds modified, that is whether they were stratiform, isolated

cumuliform. organized cumuliform or other types of clouds ;

(j) Remarks indicating such operational problems as equipment failure,

weather conditions not conducive to successful performance of the operation,

personnel problems and the like ; and

(k) Monthly totals from daily logs listing the total :

(1) Days during month in which operation conducted ;

( 2 ) Time of operation ;

(3) Amount of each kind of agent used ;

(4) Average rate of dispersal of each kind of agent used;

(5) Time of operation of radar ; and

(6) Days of each type of cloud treated.

2. Weather Records. — Each permittee must obtain and retain copies of all daily

precipitation total records available from the National Weather Service stations

in the target area and other sources.

3. Summary Records. — Each permittee must prepare a monthly summary of

the monthly totals from the daily logs of all units of weather modification ap-

paratus used during an operation.

4. Addresses of Participants. — Each permittee must keep a roster of the names

and Illinois addresses of all employees participating in the State on an operation

for which a permit has been issued.

5. Inspection. — Duly authorized agents of the Department shall have the power

to enter and inspect the records required by this Rule and to make copies of them.

6. Exempted Weather Modification Activities. — The Department may in its

discretion require persons operating weather modification activities exempted

under Rule 5 (2) to keep all or part of the record required of permittees by this

Rule. These records shall be kept in such manner as the Department may

indicate.

RULE 9 — REPORTS

1. Monthly. — Within ten days after the conclusion of each calendar month the

permittee shall submit a report to the Department which shall consist of:

( a ) A copy of the summary record prepared under Rule 8(3);

(b) A copy of the roster of the names and Illinois addresses of all em-

ployees participating in the State on an operation which was prepared

under Rule 8(4) ;

(c) A copy of the federal interim activity report form filed for that month

with the National Oceanic and Atmospheric Administration in accordance

with the rules adopted under the authority of Public Law 92-205; and

(d) A narrative account of the manner in which operations during the

month did not conform to the operational plan filed in accordance with Rule

7 (2) (j).

2. Pinal. — Within thirty days after completion of the operation the permittee

shall file with the Department a final report on the operation which shall consist

of:

weather records obtained in accordance with Rule 8 (2) and of the totals

for the entire operational period from the monthly summary records pre-

pared under Rule 8 (3) ;

(b) A copy of the federal final activity report form filed with the National

Oceanic and Atmospheric Administration in accordance with the rules

adopted under the authority of Public Law 92-205 ; and

(c) A narrative account of the manner in which the operation did not

conform to the operational plan filed in accordance with Rule 7 (2) (j).

683

mittee shall file with the Department a narrative evaluation of the operation. The

data for this report should be assembled and evaluated in accordance with the

evaluation plan prepared in compliance with Rule 7 (1) (h).

4. Reports to Sponsors. — The permittee shall file with the Department a copy

of all reports made by the permittee to sponsors of the operation.

5. Exempted Weather Modification Activities. — The Department may in its

discretion require persons operating weather modification activities exempted

under Rule 5 (2) but who have been required under Rule 8 (6) to keep certain

records to file all or part of the reports required of permittees by this Rule. These

records shall be kept in such manner as the Department may indicate.

6. Public Records. — All reports which are in the custody of the Department and

which have been filed with it under the Act or Rule 9 shall be kept open for public

examination as public documents during regular business hours of the Depart-

ment's office located at the Department's address.

RULE 10 — PARTIAL INVALIDITY

If any portion of these Rules is held invalid, such invalidity shall not affect

any other part of these Rules which can be given effect without the invalid

portion.

Kansas

state statutes, rules and regulations plus applicable forms

Prepared and Published by the Kansas Water Resources Board, Suite 303,

503 Kansas Avenue, Topeka, Kans. 66603

Preface

While rain making has been one of man's objectives for several thousands of

years, it has only been within the past half century that he has begun to grasp

some of the scientific reasons for weather events which he has observed and

speculated on throughout history.

With a clear recognition of the potential of weather modification for benefit or

harm, and in view of the lack of hard facts with respect to the possible benefits

and financial and social costs of such efforts in Kansas, it appeared wise for the

state to seek to provide usable knowledge and reasonable protection to its citizens

against irresponsible acts which might adversely affect them.

With this in mind, the 1974 Kansas Legislature passed H.B. 1216 which appears

as Kansas Statutes Annotated 82a-1401 to 1424. This act, cited as the "Kansas

Weather Modification Act," provides for licensing by the state of all qualified

persons who desire to engage in weather modification activities within the state,

and further requires that a permit be obtained for each specific activity. Responsi-

bility for administering the act has been placed with the Kansas Water Resources

Board.

The law also required the Board to appoint an Advisory Committee to assist

forms, and to assist in other areas as directed by the Board.

This booklet contains a copy of the law, a copy of the rules and regulations

prepared in cooperation with the Advisory Committee, a copy of the required

forms, and instructions for preparation of the forms.

The objectives of the rules and regulations are to encourage the development

and evaluation of weather modification technology, to protect the public through

the requirement that operators in this field possess certain basic qualifications,

to establish procedures for the issuance of permits with a minimum of delay

and to clarify administrative policy.

These rules may be amended in accordance with procedures set forth in K.S.A.

77-419.

WEATHER MODIFICATION LICENSE

The Kansas Weather Modification Act provides that a license may be issued to

any qualified person. That person must be an individual. A corporation cannot

684

demonstrate its knowledge of meteorology and weather modification operations ;

political entity.

Only an individual can meet the requirements of 1976 Supp. K.S.A. 82a-1407

and 1412. If a company chooses to license several of its staff in order to meet the

requirements of 1412, that is its prerogative. However, a license is not transfer-

able since it applies to a specific individual and his capabilities.

WEATHER MODIFICATION PERMIT

In contrast to the conditions for a license, a permit may be obtained by an

individual, a corporation, or any other "person" which meets the requirements of

K.S.A. 82a-1411, since all activities must be under the direction of a licensed

individual. In making application for a permit, the licensee who will be carrying

out the provisions of the permit should be required to state in writing that he

can carry out the provisions of the permit as specified in the operational plan

which is to accompany the approved permit.

Rules and Regulations — General

98-4-1 PURPOSE

These rules and regulations were prepared pursuant to K.S.A. 82a-1403 by the

Executive Director within the authority granted by the Kansas Water Resources

Board and in consultation with the Advisory Committee appointed by the Board.

The purpose of developing licensing standards and report forms and establishing

minimum operating requirements for weather modification activities in Kansas

is to expand knowledge, minimize conflicts, and assure the use of the most effec-

tive methods of carrying on such operations. K.S.A. 1974 Supp. 82a-1403

98-4-2 DEFINITIONS

1. "Board" means the Kansas Water Resources Board.

2. "Director" means the Executive Director of the Kansas Water Resources

Board.

3. "Emergency" means an unusual condition which could not have reasonably

avoided or reduced by prompt weather modification action.

4. "License" means the document issued by the Director to qualified persons

who make application therefor, authorizing such persons to engage in weather

modification activities in Kansas.

5. "Licensee" means an individual who has applied for and to whom a weather

modification license has been issued.

6. "Permit" means the document issued by the Director authorizing weather

modification activity in Kansas, which describes the objectives of the activity, the

area in which the activity is to take place, the time within which the operation

is to be active, and anticipated results.

7. "Primary Target Area" means the area within which weather modification

activity is intended to have an effect.

8. "Research and Development" means exploration, field experimentation

and/or extension of investigative findings and theories.

9. "Weather Modification Activity" means any operation or experimental

process which lias as its objective inducing change, bv artificial means, in the

composition, behavior, or dynamics of the atmosphere. K.S.A. 1974 Supp. 82a-1403.

98-4-3 LICENSING

1. No person may engage in any weather modification activity within the State

of Kansas without a license and a permit.

2. In order to obtain a license under the Kansas Weather Modification Act the

applicant must :

a. Make application for a license in Kansas to the Board on Form KWM

#1. (Copy attached) To assure timely consideration, this should be sub-

mitted at least forty-five (45) days prior to the start of the proposed opera-

tional period.

685

Board because of the educational or experimental nature of the work pro-

posed. The candidate for exemption must prove to the satisfaction of the

Director and the Advisory Committee, if consulted, that the nature of the

work merits exemption from fees.

c. Meet one of the following professional or educational requirements :

(1) Eight (8) years of professional experience in weather modifica-

tion field research or activities and at least three (3) years as a project

director,

(2) A baccalaureate degree in applicable courses and three (3) years

experience in application of such studies to weather modification

activities.

(3) A baccalaureate degree including 25 hours of meteorological

studies and two (2) years of practical experience in weather modifica-

tion research or activities.

d. Demonstrate, to the satisfaction of the Director, by his knowledge of

meteorology, cloud physics, and field experience, that he is qualified to con-

duct a weather modification project of the kind he wishes to conduct in

Kansas.

3. Each license shall expire at the end of the calendar year for which it is

issued.

4. Weather modification licenses may be renewed annually, effective January 1

each year. Renewal will be automatic upon the following conditions :

a. Receipt of a request for renewal by the license holder.

b. Receipt of the $100.00 annual license fee, if applicable.

c. Verification by the Director or the Board that evidence has not become

available that would raise doubts as to the qualifications of the license holder.

K.S.A. 1974 Supp. 82a-1403

©8-4-4 PERMITS

1. A weather modification permit shall be required annually, on a calendar year

basis, for each weather modification project. In those cases when a weather modi-

fication activity will extend over more than one calendar year, a permit may be

extended on a year-to-year basis upon payment of the annual fee, a review by the

Director and, if desirable, his Advisory Committee, and the publication of a no-

tice of intent to continue the operation. The Director shall determine whether a

public hearing is needed.

2. A permit may not be assigned nor transferred by the holder.

3. Permit applications should, if possible, be submitted at least forty-five (45)

days prior to the initial date of the proposed operational period for which the

permit is sought. This will allow time to hold a public hearing, review the infor-

mation presented, and permit action by the Board prior to the proposed starting

date of the project.

4. In order to modify the boundaries of a project for which a permit has previ-

ously been obtained, a revised permit will be required, under conditions similar

to those under which the original permit was issued, or as modified by the

Director.

5. In order to obtain a permit to conduct weather modification activities in Kan-

sas, an applicant must :

a. Submit to the Director a completed Form KWM No. 2. (Copy attached.)

b. Pay the $100.00 permit fee, if applicable.

c. Present evidence that the applicant is, or has in its employ, a licensee.

d. Demonstrate proof of ability to meet the liability requirements of Sec-

tion 1411(4) of the Kansas Weather Modification Act. This proof may be pro-

vided in the form of an insurance policy written by a company authorized to

do business in Kansas or by a statement of individual worth which is satis-

factory to the Director.

e. Submit a complete and satisfactory operational plan for the proposed

weather modification project, which includes :

(1) A map of the proposed operating area which specifies the primary

target area and shows the area reasonably expected to be affected.

(2) The name and address of the licensee.

(3) The nature and object of the intended weather modification activi-

ties.

(4) The meteorological criteria to be used to initiate or suspend modifi-

34-857 O - 79 - 46

686

(5) The person or organization on whose behalf it is to be conducted.

(7) The methods that will be used in determining and evaluating the

proposed weather modification project.

(8) Such other information as may be required by the Director.

f. Publish a "notice of intent" to engage in weather modification activities

in each county of which all or part may be within the primary target area or

within the areas reasonably expected to be affected, at least seven (7) days

prior to the required public hearing. The time and place of the public hearing

must be approved by the Director. The "notice of intent" shall include notice

in a newspaper or newspapers of general circulation in the area. In addition,

the use of radio and television spot announcements is encouraged. The notice

shall :

(2) Describe the area which might reasonably be affected.

(3) Specify the period of operation including starting and ending

dates, which operation need not be continuous.

(4) Describe the general method of operation.

(5) Describe the intended effect of the operation.

(6) State the time and place of a public hearing on the application;

the hearing to be in or near the primary target area.

(7) State that complete details of the application for a permit will be

available for examination in the office of the Water Resources Board in

Topeka and at a location within the project area as described in the

public hearing notice.

g. Provide satisfactory evidence of publication of the "notice of intent" to

the Director prior to the public hearing.

6. At the discretion of the Director, additional information may be required of

the applicant. The additional information required may include a comprehen-

sive environmental impact analysis similar to the statements required for federal

projects.

7. Any permit issued for a weather modification activity shall be subject to re-

vision, suspension, or modification of its terms and conditions by the Director, if

necessary to protect the health, safety, or property of any person or to protect the

environment. K.S.A. 1974 Supp. 82a-1403

98-4-5 EVALUATION OF PERMIT APPLICATION

Permit applications will be evaluated based on the following considerations :

1. The project can reasonably be expected to benefit the residents of the primary

target area or an important segment of the state's population.

2. The testimony and information presented at the public hearing is generally