Weather modification: programs, problems, policy, and potential

: 567 and make such regulations as are necessary in the performance of his powers and duties. 3. Make such studies, investigations, obtain such information and hold such hearings as he may deem necessary or proper to assist him in exercising his authority or in the administration or enforcement of NRS 544.070 to 544.240, inclusive, or any regulations or orders issued thereunder. 4. Appoint and lix the compensation of such personnel, without compliance with the provisions of chapter 284 of NRS, including specialists and consultants, as are necessary to perform his duties and functions. 5. Acquire, in the manner provided by law, such materials, equipment and facilities as are necessary to perform his duties and functions. 6. Cooperate with public or private agencies in the performance of his func- tions or duties and in furtherance of the purposes of NRS 544.070 to 544.240, inclusive. 7. Represent the state in any and all matters pertaining to plans, procedures or negotiations for interstate compacts relating to weather modification and control. 8. With approval of the governor, enter into cooperative agreements with the various counties and cities of this state or with any private or public agencies for conducting weather modification or cloud seeding operations. 9. Act for and represent the state and the counties, cities and private or public agencies in contracting with private concerns for the performance of weather modifications or cloud seeding operations. (Added to NRS by 1961, 692) 544-090 Promotion of research and development activities relating to iceathcr modification. The director shall exercise his powers in such manner as to pro- mote the continued conduct of research and deevlopment 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 director may conduct, and make arrangements including contracts and agreements for the conduct of, research and development activ- ities relating to 1. The theory and development of methods of weather modification and con- trol, including processes, materials and devices related thereto. 2. Utilization of weather modification and control for agricultural, industrial, commercial and other purposes. 3. The protection of life and property during research and operational activities. (Added to NRS by 1961, 693) 544-100 Hearings: Record of proceedings; examination of witnesses; sub- pcttas. In the case of hearings held pursuant to NRS 544.220, the director shall, and in other cases may, cause a record of all proceedings to be taken and filed with the director, together with his findings and conclusions. For any hearing, the director or a representative designated by him is authorized to administer oaths and affirmations, examine witnesses and issue, in the name of the director, notice of the hearing or subpenas requiring any person to appear and testify, or to appear and produce documents, or both, at any designated place. (Added to NRS by 1961, 693) 544110 Acceptance of gifts and grants ; weather modification fund. 1. The director may, subject to any limitations otherwise imposed by law, re- ceive 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, dona- tions or bequests, or from any other source, and may expend such funds, unless their use is restricted and subject to any limitations otherwise provided by law, for the administration of NRS 544.070 to 544.240, inclusive, and for the en- couragement of research and development by a state or public or private agency, either by direct grant, by contract or other cooperative means. 2. There is hereby established a continuing fund in the general fund in the state treasury to be known as the weather modification fund. All license and permit fees paid to the director shall be deposited in such fund. Any accumula- tion in such fund in excess of $5,000 shall revert immediately to the general fund. (Added to NRS by 1961, 693) 544-120 License and permit required for weather modification and control activities. Except as provided in NRS 544.130, no person shall engage in activ-

: : : 568 ities for weather modification and control except under and in accordance with a license 'and a permit issued by the director authorizing such activities. (Add to NRS by 1961, 693) 5JfJf.l30 Exemptions from license, permit and liability requirements. The director, to the extent he deems practical, shall provide by regulation for exempt- ing from the license, permit and liability requirements of NRS 544.070 to 544.240, inclusive 1. Research and development and experiments by state and federal agencies, institutions of higher learning and bona fide nonprofit research organizations. 2. Laboratory research and experiments. 3. Activities required in emergencies for protection against fire, frost, sleet or fog. 4. Activities normally engaged in for purposes other than those of inducing, increasing, decreasing or preventing precipitation or hail. (Added to NRS by 1961, 693 A 1967, 159) ; 5^.1JfO Qualifications of licensees; issuance, renewal of licenses; license fee. 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 demon- strate, to the satisfaction of the director, competence in the field of meteorology reasonably necessary to engage in activities for weather modification and con- trol. If the applicant is an organization, these requirements shall be met by the individual or individuals who are to be in control and in charge of the operation for the applicant. 2. The director shall issue licenses in accordance with such procedures and subject to such conditions as he may by regulation establish to effectuate the provisions of NRS 544.070 to 544.240, inclusive. 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, such license shall upon application be renewed at the expiration of such period. A license shall be issued or renewed only upon the payment to the direc- tor of $100 for the license or renewal thereof. (Added to NRS by 1961, 694) o'f-' { .150. Conditions for issuance of permits. The director shall issue permits in accordance with such procedures and subject to such conditions as he may by regulation establish to effectuate the provisions of NRS 544.070 to 544.240, inclusive, only 1. If the applicant is licensed pursuant to NRS 544.070 to 544.240, inclusive. 2. If a sufficient notice of intention is published and proof of publication is filed as required by NRS 544.180. 3. If the applicant furnishes proof of financial responsibility, as provided in NRS 544.190, in an amount as may be determined by the director but not to exceed $20,000. 4. If the fee for a permit is paid as required by NRS 544.200. (Added to NRS by 1961, 694) Separate permit required for each operation; notice of intention; con- 5M.160. dition, modification of permit. A separate permit shall be issued for each opera- tion. Prior to undertaking any weather modification and control activities the licensee shall file with the director 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 substantially within the time and area limits set forth in the notice of intention, unless modified by the director, and his activities shall also substantially conform to any conditions imposed by the director upon the issuance of the permit or to the terms of the permit as modified after issuance. (Added to NRS by 1961, 694) .-,',',.170.— 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 opera- tion 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. (Added to NRS by 1961, 694) 5 '/ ',.180. Notice of intention: Publication; filing of proof of publication. 1. The applicant shall cause the notice of intention, or that portion thereof including

569 the items specified in NRS 544.170, to be published at least once a week for 3 consecutive weeks in a newspaper having a general circulation and published within any county in which the operation is to be conducted and in which the affected area is located, or, if the 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 in a newspaper having a general circulation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a 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 director within 15 days from the date of the last publication of the notice. (Added to NRS by 1961, 695) 544-190 Proof of financial responsibility. Proof of financial responsibility may be furnished by an applicant by his showing, to the satisfaction of the director, his ability to respond in damages for liability which might reasonably be at- tached to or result from his weather modification and control activities in con- nection with the operation for which he seeks a permit ; but the applicant need not show ability to respond in damages for liability resulting from precipitation caused by weather modification experiments. (Added to NRS by 1961, 695 A 1967, 159) ; 544-200 Permit fees. The fee to be paid by each applicant for a permit shall 1 be equivalent to l ^ percent of the estimated cost of such operation, such cost to be estimated by the director from the evidence available to him. The fee is due and payable to the director as of the date of the issuance of the permit, but if the applicant is able to give to the director satisfactory security for the pay- ment 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 50 percent of the fee. The balance due shall be paid within 3 months from the date of the termination of the operation as prescribed in the permit. Failure to pay a permit fee as required is grounds for suspension or revocation of the license of the delinquent permitholder and grounds for refusal to renew his license or to issue any further permits to such person. (Added to NRS by 1961, 695) 544-210 Records and reports of licensees, exempt organizations. 1. Each li- censee shall keep and maintain a record of all operations conducted by him pursu- ant 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 oper- ation of the equipment, the name and post office address of each individual par- ticipating or assisting in the operation other than the licensee, and such other general information as may be required by the director, and shall report the same to the director at the time and in the manner required by the director. 2. The director shall require written reports in such manner as he provides but not inconsistent with the provisions of NRS 544.070 to 544.240, inclusive, covering each operation for which a permit is issued. The director shall also require written reports from such organizations as are exempt from the license, permit and liability provisions of NRS 544.130. 3. All information on an operation shall be submitted to the director before any information on such operation may be released to the public. 4. The reports and records in the custody of the director shall be open for public examination. (Added to NRS by 1961, 695) 544-220 Suspension, revocation of licenses and permits: Grounds; modification of permit terms. 1. The director may suspend or revoke any license or permit issued if it appears that the licensee no longer possesses the qualifications neces- sary for the issuance of a new license or permit. The director may suspend or revoke any license or permit if it appears that the licensee has violated any of the provisions of NRS 544.070 to 544.240, inclusive. Such suspension or revoca- tion shall occur only after notice to the licensee and a reasonable opportunity granted such licensee to be heard respecting the grounds for the proposed sus- pension or revocation. The director may refuse to renew the license of, or to issue another permit to, any applicant who has failed to comply with any pro- visions of NRS 544.070 to 544.240, inclusive. 2. The director may modify the terms of a permit after issuance thereof if the licensee is first given notice and a reasonable opportunity for a hearing

: 570 respecting the grounds for the proposed modification and if it appears fo the director, that it is necessary for the protection of the health or the property of any person to make the modification proposed. (Added to NRS by 1961, 696) 5.',J h 230 Construction of NRS 5Jf' h 070 to 5U.2IfO, inclusive. Nothing in NRS 544.070 to 54 4. 240, inclusive, shall be construed to impose or accept any liability or responsibility on the part of the state or any state officials or employees for any weather modification and control activities of any private person or group, or to affect in any way any contractual, tortious or other legal rights, duties or liabilities between any private persons or groups. ' Added to NRS by 1961. 696) 544.240 Penalties. Any person violating any of the provisions of NRS 544.070 to 544.2-JO. inclusive, or any lawful regulation or order issued pursuant thereto shall be guilty of a misdemeanor and a continuing violation is punishable as a separate offense for each dav during which it occurs. ( Added to NRS by 1961. 696) 244-181 Franchises for garbage collection, disposal services; fire protection, suppression : ambulance service. 1. Any board of county commissioners may grant exclusive franchises to operate any of the following services outside the limits of incorporated cities within the county I a ) Garbage and disposal. (b) Fire protection and suppression. (c) Ambulance service to pick up patients outside the limits of such incorpo- rated cities. 2. Nothing in paragraph (c) of subsection 1 shall prevent any ambulance service from transporting patients from any county in which it is franchisee! to another county. 3. The board of county commissioners may, by ordinance, regulate such services and fix fees or rates to be charged by the franchise holder. 4. A notice of the intention to grant any franchise shall be published once in a newspaper of general circulation in the county, and the franchise may not be granted until 30 days after such publication. The board of county commissioners shall give full consideration to any application or bid to supply such services, if received prior to the expiration of such 30-day period, and shall grant the fran- chise on terms most advantageous to the county and the persons to be served. 5. The provisions of chapter 709 of NRS shall not apply to any franchise granted under the provisions of this section. ti. Nothing in this section shall be construed to prevent any individual, partner- ship, corporation or association from hauling his or its own garbage subject to the regulations of the board of county commissioners promulgated under the pro- visions of this section. 1 Added to NRS by 1960. 433 A 1971, 1372 ; 1975, 569) : J 'j' .190 Weather modification cooperative agreements. 1. The boards of county . f commissioners of the various counties are empowered to enter into cooperative agreements with the State of Nevada, other counties of this state, or any private or public organization, and with private concerns engaged in weather modification (cloud seeding) operations. 2. The expenses incident and necessary for the participation of counties in such cooperative program, as provided in subsection 1, shall be paid out of the general funds of such counties, and the board of county commissioners of any county act- ing under the terms of this section shall annually, at the time of making its budget, make an estimate of the expenses necessary to carry out its agreement, under the provisions of this section, and budget the same, in all respects, as other items of the budget may be made. 3. All agreements for cooperation between the State of Nevada and the counties, and with any private organization as set forth in subsection 1, shall be evidenced bv written agreements made and entered into by the boards of county commis- sioners interested, and the same shall be spread upon the minutes of each of the boards at the time of the adoption thereof. 4. All action taken and all proceedings adopted prior to March 2, 1955, by the boards of county commissioners of Pershing, Lander, Eureka, Humboldt. Elko and While Pine counties, relating to weather modification (cloud seeding), are ratified, approved and confirmed. [ 1 :26 :1955]-K2 :2G :1955] + [3 :26 :1955] + [4 :26 :1955] %44'Wh VQtyng machines: Rental, lease, acquisition. Boards of county commis-

— 571 ; ; sioners may rent, lease or otherwise acquire voting machines in whatever manner will best serve local interests. (Added to NRS by 1965, 615 ; A 1975, 570) 244.195 Other powers. The boards of county commissioners shall have power and jurisdiction in their respective counties to do and perform all such other acts and things as may be lawful and strictly necessary to the full discharge of the powers and jurisdiction conferred on the board. [Part 8 :80 :1865 A 1871, 47 ; 1931, 52 ; 1933, 203 ; 1953, 681] ; New Hampshire NJL Rev. Stat. Ann. §432:1 Weather Modification Experimentation 432:1 Weather Modification Experimentation. Any department or agency of the state may, with the approval of the governor and council and within the limits of appropriated funds or by means of gifts, donations or grants, engage in and under- take experimentation in the techniques and methods for weather modification, and may cooperate therein with the federal government, with authorized agencies of other states, and with interested persons and organizations. New Mexico N.M. Stat. Ann. §§ 75-37-1-75-31-15 Article 37 Weather Control and Cloud Modification Sec. 75-37-1. Short title. 73-37-2. Definitions. 75-37-3. Declaration of rights. 75-37-4. Attempt to control precipitation—License required. 75-37-5. Application for license. 75-37-6. Application for license—Contents—Annual license fee—Statement. 75-37-7. Issuance of license. 75—37—8. License fee—Expiration. 75-37-9. Reports required from licensees. 75-37-10. Revocation of license. 75-37—11. Judicial review. 75-37-12. Operations affecting weather in other states. 75-37-13. Enforcement. 75-37-14. Powers and duties of commission. 75-37-15. Violations of act—Penalty. 75-37-1. Short title.—This act [75-37-1 to 75-37-15] may be cited as the 'Wea- ther Control Act.' 75-37-2. Definitions.—As used in the Weather Control Act [75-37-1 to 75-37- 15] 'commission' means the weather control and cloud modification commission. History Laws 1965, ch. 235, § 2. : 75-37-3. Declaration of rights.—It is declared that the state of New Mexico claims the right to all moisture in the atmosphere which would fall so as to be- come a part of the natural streams or percolated water of New Mexico, for use in accordance with its laws. 75-37-4. Attempt to control precipitation— License required.—No person or cor- poration shall, without having first received a license from the commission, con- duct any weather control or cloud modification operations or attempt to control precipitation. History Laws 1965, ch. 235, § 4. : 75-37-5. Application for license.—Any individual or corporation who proposes to operate weather control or cloud modification projects or who attempts to induce precipitation, shall, before engaging in any such operation, make application to the commission for a license to engage in the particular weather control or cloud modification operation contemplated. History Laws 1965, ch. 235, § 5. — Statement.— : 75-37-6. Application for license— Contents— Annual license fee At the time of applying for the license, the applicant shall pay to the commission a fee of one hundred dollars ($100), and shall file an application in the form pre- scribed by the commission which shall be accompanied by a statement showing: A. The name and address of the applicant B. The names of the operating personnel, and, if unincorporated, all individ- uals connected with the organization, or, if a corporation, the names of each of the officers and directors thereof, together with the address of each : C. The scientific qualifications of all operating and supervising personnel

; ; ; 572 T>. A statement of all other contracts completed or in process of completion at the time the application is made, giving the names and addresses of the persons to whom the services were furnished and the areas in which such operations have been or are being conducted ; E. The objective of the operation, methods of operation the licensee will use, and the description of the aircraft, ground and meteorological services to be used !F. Names of the contracting parties within the state including ; : (1) the area to be served '(2) the months in which operations will be conducted ; (3) the methods to be used in evaluating the operation and ; G. Any other information the commission deems necessary. 'History Laws 1965, ch. 235, § 6. : 75-37-7. Issuance of license.—The commission may issue a license to any applicant who demonstrates sufficient financial responsibility, to the satisfaction of the board, necessary to meet obligations reasonably likely to be attached to or result from weather control or cloud modification activities, and skill and ex- perience reasonably necessary to accomplishment of weather control without actionable injury to property or person. History Laws 1965, ch. 235, § 7. : 15-31-S. License fee — Expiration.—A license shall expire at the end of the calendar year in which it is issued and may be renewed upon payment of the annual license fee. History Laws 1965, ch. 235, § 8. : 15-31-9. Reports required from licenses.—lEach licensee shall, within ninety [90] days after conclusion of any weather control or cloud modification project, file with the commission a final evaluation of the project. Each three [3] months, during the operation of any project which has not been completed, each licensee shall file a report evaluating the operations for the preceding three [3] months in the project. Failure to file such reports constitute [s] grounds for immediate revo- cation of the license. Each evaluation report shall contain such information as required by the commission in order to aid in research and development in weather modification and to aid in the protection of life and property. History Laws 1965, ch. 235, § 9. : 15-31-10. Revocaton of license.—The commission shall revoke any license if it shall appear that the licensee no longer possesses the qualifications necessary for the issuance of a new license, or is guilty of a violation of any of the pro- visions of the Weather Control Act [75-37-1 to 75-37-15]. Such revocation shall occur only after notice to the licensee, and a reasonable opportunity has been granted the licensee to be heard respecting the grounds of the proposed revocation. History Laws 1965, ch. 235, § 10. : 15-31-11. Judicial review.—Rulings by the commission on the issuance, re- fusal or revocation of a license are subject to review only in the district court for Santa Fe Countv and the state Supreme Court. History Laws 1965, ch. 235, § 11. : 15-31-12. Operations affecting weather in other states.—Weather control or cloud modification operations may not be carried on in New Mexico for the pur- pose of affecting weather in any other state which prohibits such operations, or which prohibits operations in that state for the benefit of New Mexico or its in- habitants. iHistory Laws 1965, ch. 235, § 12. : 15-31-13. Enforcement.—Enforcement of the Weather Control Act T 75-37-1 to 75-37-15] is vested in the board of regents of New Mexico Institute of Mining and Technology. The board of regents shall appoint a three-member weather con- trol and cloud modification commission for the purpose of administering the pro- visions of the Weather Control Act. Technical assistance, research, evaluation, and advice to the commission shall be furnished by the institute at the direction of the board of rodents. The commission shall elect from among its members a chairman and other officers it dooms nooessnry. All fees collected by the commis- sion shall be placed in a fund to be used by the commission for the purposes of ca rrving out the provisions of the Weather Control Act. History Laws 1965. ch. 235. § 13. : r Powers and duties of commission.—The commision may: 7. >~31-1/t. A. Make nil rules and regulations necessary to carry out the provisions of the Weather Control Act T75-37-1 to 75-37-15] ; B. Make any Held investigations and inspections necessary to the enforcement of the Weather Control Act

— — 573 C. Make periodic reports on weather control and cloud modification activities in this state together with evaluations of the results of such activities ; and D. Make recommendations to the legislature through the board of regent* on needed legislation in the regard to weather control and cloud modification. History Laws 1965, ch. 235, § 14. : 75-37-15. Violations of act— Penalty.—Any person conducting weather con- trol or cloud modification operations without first having procured a license, or who makes a false statement in the application for a license, or who fails to file any report or evaluation required by the Weather Control Act [75-37-1 to 75-37- 15], or who conducts any weather control or cloud modification operation after revocation of his license, or who violates any provision of the Weather Control Act is guilty of a misdemeanor. History Laws 1965, ch. 235, § 15. : New York N.Y. Gen. Mun. Law Law § 119-p Article 5-H Projects Relating to the Use of Atmospheric Water Resources- [New] See. 119— p. Projects relating to the use of atmospheric water resources. Article added L.1965, c. 661, eff. July 2, 1965. § 119-p. Projects relating to the use of atmospheric water resources Every municipal corporation is, and any two or more municipal corporations are, hereby authorized and empowered to conduct or engage in projects, experi- ments and other activities designed to develop the use of atmospheric water re- sources, and to make scientific evaluations of such projects, experiments and other activities, or to contract therefor, and to appropriate and expend moneys therefor. In the case of a joint project by two or more municipal corporations, the share of the cost of such project or activity to be borne by each such munic- ipal corporation shall be fixed by contract. The expenditure of moneys for such purpose by a municipal corporation shall be deemed a lawful municipal purpose and the moneys appropriated therefor shall be raised by tax upon the taxable real property within the municipal corporation in the same manner as moneys for other lawful municipal purposes. Each municipal corporation is hereby author- ized to accept and disburse grants of public or private money or other aid paid or made available by the state or federal government for any such purpose. Added L.1965, c. 661, eff. July 2, 1965. North Dakota N.D. Cent. Code §§ 2-07-01—2-07-13; 37-17.1-15; 58-03-07 Chapter 2-07 Weather Modification Sec. 2-07-01 Ownership of water 2-07-01.1 Declaration of policy and purpose. 2-07-02 Definitions. 2-07-02.1 North Dakota weather modification board—Created—Membership. 2-97-02.2 Weather modification board—Districts created. 2-07-02.3 Direction and supervision by aeronautics commission—Independent functions retained by board. 2-07-02.4 Weather modification board—Officers—Compensation. 2-07-02.5 Powers and duties of weather modification board. 2-07-03 License and permit required. 2-07-03.1 Exemptions. 2-07-03.2 Operator deemed to be doing business within state—Resident agent. 2-07-03.3 Issuance of license—Fee. 2—07—03.4 Revocation or suspension of license. 2-07-04 Permit required—Issuance of permit—Fee. 2-07-04.1 Hearings. 2-07-04.2 Revocation, suspension, or modification of permit. 2^07-04.3 Proof of financial responsibility. 2-07-05 Board may create operating districts—Representation of noncontracting counties. 2-07-05.1 District operations advisory committees created—Duties. 2t-07-05.2 Weather modification authority may suspend operations. 2-07-06 Weather modification authority created by petition. 2-07-06.1 Petition contents. 34-857—79 39

; ; ; ; ; ; ; ; ; ; ; 574 Sec. 2-07-06.2 Commissioners—Compensation—Meetings—Officers. 2-07-06.3 Tax levy may be certified by weather modification authority. 2-07-06.4: Creation of weather modification authority and its powers by resolution. 2-07-06.5 Procedure for abolishment of weather modification authority and all its powers by recall initiated petition. 2-07-06.6 Creation of weather modification authority by election. 2 07-06.7 Abolishment of weather modification authority by election. 2-07-06.8 Creation of weather modification authority by vote after resolution of county commissioners. 2-07-07 County budget may be waived for first appropriation—Conditions. 2-07-08 Bids required—When. 2-07-09 Performance bond required. 2-07-09.1 Bid bond required. 2-07-10 State immunity. 2-07-10.1 Liability of controller. 2-07-11 Weather modification board may receive and expend funds. 2-07-11.1 County appropriations—State to provide matching funds. 2 07-12 Aeronautics commission—Compensation—Expenses. 2-07-13 Penalty. 5S-03-07. Powers of electors.—The electors of each township have the power at the annual township meeting: 1. To establish one or more pounds within the township, to determine the lo- cation of the pounds, to determine the number of poundmasters and to choose the poundmasters, and to discontinue pounds which have been established 2. To select the township officers required to be chosen ; 3. To direct the institution or defense of actions in all controversies where the township is interested 4. To direct the raising of such sums of as they may deem necessary to prose- cute or defend actions in which the township is interested ; 5. To make all rules and regulations for the impounding of animals 6. To make such bylaws, rules, and regulations as may be deemed necessary to carry into effect the powers granted to the township 7. To impose penalties not exceeding ten dollars for each offense on persons offending against any rule or regulation established by the township 8. To apply penalties when collected in such manner as they deem most con- ducive to the interests of the township ; 0. To ratify or reject recommendations offered by the board of township su- pervisors for the expenditure of funds for the purpose of purchasing building sites and for the purchase, location, erection, or removal of any building or erec- tion for township purposes. No recommendation shall be adopted except by a two- thirds vote of the electors present and voting at any annual township meeting 10. To authorize and empower the board of township supervisors to purchase liquids, compounds, or other ingredients for the destruction of noxious weeds, and sprinklers to be used in spraying said liquids or compounds. No township shall purchase more than two such sprinklers in any one year 11. Repealed by S.L. 1949, ch. 343, § 1 12. To authorize aid to a district fair association within the limits provided in title 4, Agriculture 13. To authorize the levy of township taxes for the repair and construction of roads and bridges and for other township charges and expenses within the limits lii-escribed in title 57, Taxation; 14. To direct the expenditure of funds raised for the repair and construction of roads within the limits provided in title 24, Highways, Bridges, and Ferries To authorize the dissolution of the township in the manner provided in this title; 16. To authorize the purchase and maintenance of dipping tanks as provided in title 30,* Livestock 17. To authorize (he purchase of township firefighting equipment in the man- ner provided in title 18.** Fires; and to authorize the entering into a contract for Are protection as provided for in section 18-00-10; and 15. To establish a fund for the eradication of gophers, prairie dogs, crows, and magpies. L9. To authorize the expenditure of township funds for weather modification activities. 97 17:1-/5. Weather modification.—The division of disaster emergency services shall keep continuously apprised of weather conditions which present danger of precipitation pr other climatic activity severe enough to constitute a disaster. If flic division determines that precipitation that may result from weather inoditi- cation operations, either by itself or in conjunction with other precipitation or climatic conditions or activity, would create or contribute to the severity of a

: : ; ; ; 575 disaster, it shall direct the officer or agency empowered to issue permits for weather modification operations to suspend the issuance of the permits. There- upon, no permits may be issued until the division informs the officer or agency that the danger has passed. Source : S. L. 1973. ch. 281, § 15. 2-07-01. Ownership of ivater.—In order that the state may share to the fullest extent in the benefits already gained through fundamental research and investi- gation on new and improved means for predicting, influencing, and controlling the weather, for the best interest, general welfare, health, and safety of all the people of the state, and to provide proper safeguards in applying the measures for use in connection therewith in order to protect life and property, it is deemed necessary and hereby declared that the state of North Dakota claims its sovereign right to use the moisture contained in the clouds and atmosphere within the sovereign state boundaries. All water derived as a result of weather modification operations shall be considered a part of North Dakota's basic water supply and all statutes, rules, and regulations applying to natural precipitation shall also apply to precipitation resulting from cloud seeding. Source : S. L. 1965, ch. 71, § 1 ; 1975, ch. 50, § L 2-07-01.1. Declaration of policy and purpose.—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 control, and research and development shall be encouraged. In order to minimize possible 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. Source : S. L. 1975, ch. 50, § 2. 2-07-02. Definitions.—As used herein, unless the context or subject matter otherwise requires 1. 'Weather modification' means and extends to the control, alteration, amelioration of weather elements including man-caused changes in the natural precipitation process, hail suppression or modification and alteration of other weather phenomena including temperature, wind direction and velocity, and the initiating, increasing, decreasing and otherwise modifying by artificial methods of precipitation in the form of rain, snow, hail, mist or fog through cloud seeding, electrification or by other means to provide immediate practical benefits 2. 'Initiating precipitation' refers to the process of causing precipitation from clouds that could not otherwise or inducing precipitation significantly earlier than would have occurred naturally ; 3. ''Increasing precipitation' refers to the activation of any process which will actually result in greater amounts of moisture reaching the ground in any area from a cloud or cloud system than would have occurred naturally ; 4. ''Hail suppression' refers to the activation of any process which will reduce, modify, suppress, eliminate or soften hail formed in clouds or storms 5. 'Person' means any person, firm, association, organization, partnership, company, corporation, private or public, county, city, trust or other public agencies 6. 'Controller' refers to any licensee duly authorized in this state to engage in weather modification activities 7. 'Board' means the North Dakota weather modification board which, in the exercise of the powers granted herein, shall have all of the powers of an admin- istrative agency as defined in chapter 28-32 ; 8. 'Research and development' means exploration, field experimentation, and extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production of models, devices, equipment, materials, and proc- esses and ; 9. 'Operation' means the performance of any weather modification activity undertaken for the purpose of producing or attempting to produce any form of modifying effect upon the weather within a limited geographical area or within a limited period of time. Source : S. L. 1965, ch. 71, § 2 : 1975. ch. 50. §§ 3, 4. 2-07-02.1. North Dakota weather modification board— Created— Membership.— There is hereby created a North Dakota weather modification board which shall

: : 576 be a division of the state aeronautics commission. The board shall be composed of the director of the state aeronautics commission, a representative of the environ- mental section of the state department of health, state engineer of the state water conservation commission, and seven additional board members ; one member from each of seven districts established by section 2-07-02.2. The governor shall ap- point one board member for each of the seven districts from a list of three candi- dates given to him by weather modification authorities in each such district 1. When the entire board is to be initially appointed, provided that such ap- pointments shall be made within thirty days after July 1, 1975. 2. When the term of office of any board member from any district is about to expire. 3. When a vacancy has occurred, or is about to occur, in the term of office of a board member from any district for any reason other than expiration of term of office. Board members from each district shall serve for a four-year term of office except in the event the governor shall appoint a member for an unexpired term, in which case the member shall serve only for the unexpired term. In the event any district fails to furnish a list to the governor, or if there are no weather modification authorities under this chapter within a district, then the governor shall appoint a board member of his choice residing within such district. Source : S. L. 1975, ch. 50, § 5. 2-07-02.2. Weather modification board— Districts created.—Members of the weather modification board shall be appointed from districts containing the fol- lowing counties : District I—Burke, Divide, McKenzie, Mountrail, and Williams ; District II—Bottineau, McHenry, McLean, Renville, Sheridan, and Ward; Dis- trict III—Benson, Cavalier, Eddy, Foster, Griggs, Nelson, Pierce, Ramsey, Rol- ette, Steele, Towner, and Wells; District IV—Cass, Grand Forks, Pembina, Richland, Traill, and Walsh; District V—Barnes, Dickey, Kidder, LaMoure, Logan, Mcintosh, Ransom, Sargent, and Stutsman ; District VI—Burleigh, Em- mons, Grant, Mercer, Morton, Oliver, and Sioux ; District VII—Adams, Billings, Bowman, Dunn, Golden Valley, Hettinger, Slope, and Stark. Source : S. L. 1975, ch. 50, § 6. 2-01-02.3. Direction and supervision by aeronautics commission— Independent functions retained bp board.—The powers, functions, and duties of the North Dakota weather modification board shall be administered under the direction and supervision of the North Dakota aeronautics commission, but the board shall re- tain the quasi-judicial, quasi-legislation, advisory, and other nonadministrative and budgetary functions otherwise vested in it. Source : S. L. 1975, ch. 50, § 7. 2-07-02.4. Weather modification board—Officers—Compensation.—All mem- bers of the weather modification board, with the exception of the chairman, shall be voting members. The board shall elect annually from its membership a chairman, vice chairman, and secretary. A majority of the members shall con- stitute a quorum for the purpose of conducting the business of the board. Board members who are not full-time salaried employees of this state shall receive compensation in the amount provided in subsection 1 of section 54-35-10, and shall be reimbursed for their mileage and expenses in the amounts provided by sections 44-08-04 and 54-06-09. All other members of the board shall be reim- bursed for necessary travel and other expenses incurred in the performance of the business of the board in the amounts provided in sections 44-08-04 and 54-06-09. Source : S. L. 1975, ch. 50, § 8. 2-07-02.5. Powers and duties of weather modification board.—The board may exercise the following powers and shall have the following duties 1. The board shall appoint an executive director to serve at its discretion, and perform such duties as assigned by the board. 2. The board shall authorize the employment of whatever staff it deems neces- sary to carry out the provisions of this chapter. The executive director shall hire the staff, subject to the approval of the board. 3. The board shall make reasonable rules and regulations concerning: quali- fications, procedures and conditions for issuance, revocation, suspension, and modification of licenses and permits; standards and instructions governing weather modification operations, including monitoring and evaluation; record- keeping and reporting, and the board shall establish procedures and forms for such recordkeeping and reporting. The board may adopt all other reasonable

: : rules and regulations necessary to the administration of this chapter. The pro- visions of chapter 2^32 shall apply to this chapter. 4. The board may contract with any person, association, partnership, or cor- poration, with the federal government, and with any county or groups of coun- ties, as provided in section 2-07-05, to carry out weather modification operations and shall, in connection with regulated weather modification operations, carry on monitoring and evaluation activities. 5. The board may order any person who is conducting weather modification operations in violation of this chapter, or any rules and regulations promulgated pursuant to it, to cease and desist from such operations and such order shall be enforceable in any court of competent jurisdiction within this state. 6. The board may cooperate and contract with any private person or any local, state, or national commission, organization, or agency engaged in activities sim- ilar to the work of the board and may make contracts and agreements to carry out programs consistent with the purpose and intent of this chapter. The board may also, in accordance with law, request and accept any grants of funds or services from any such commission, organization, person, or agency, and expend such funds or use such services to carry out the provisions of this chapter. 7. The board shall administer and enforce the provisions of this chapter and do all things reasonably necessary to effectuate the purposes of this chapter. Source : S. L. 1975, ch. 50, § 9. 2-07-03. License and permit required.—Except as provided in section 2-07-03.1, no person may engage in weather modification activiites without both a professional weather modification license issued under section 2-07-03.2 and a weather modification permit issued under section 2-07-04. Licenses shall expire on December thirty-first of the year of issuance. 2-01-03.1. Exemptions.—The board may provide by rules and regulations for exemption of the following activities from the permit and license requirements of section 2-07-03 1. Research and development conducted by the state, political subdivisions of the state, colleges and universities of the state, agencies of the federal govern- ment, or bona fide research corporations. 2. Weather modification operations of an emergency nature taken against fire, frost, or fog. Exempted activities shall be so conducted so as not to unduly interfere with weather modification operations conducted under a permit issued in accordance with this chapter. Source : S. L. 197o, ch. 50, § 11. 2-01-03.2. Operator deemed to be doing business within state— Resident agent.—A person shall be deemed doing business within this state when engaged in weather modification operations within the boundaries of this state, and shall, if not already qualified to do business within this state under chapter 10-22, prior to conducting such operation, file with the secretary of state an authorization designating an agent for the service of process. Source : S. L. 1975, ch. 50, § 12. 2-01-03.3 Issuance of license— Fee.—The board shall provide, by rules and regulations, the procedure and criteria for the issuance of a license. The board, in accordance with its rules and regulations, shall issue a weather modification license to each applicant who : 1. Pays a license fee of fifty dollars. 2. Demonstrates, to the satisfaction of the board, competence to engage in weather modification operations. 3. Designates an agent for the purpose of service of process pursuant to section -2-07-03.2 or chapter 10-22. Each license issued by the board shall be nontransferable and shall expire on December thirty-first of the year of issuance. A license shall be revocable for cause at any time prior to such date if, after holding a hearing pursuant to due notice thereof, the board shall so determine. License fees collected by the board shall be paid into the general fund of the state treasury. Source S. L. 1975. ch. 50, § 13. : 2-01-034. Revocation or suspension of license.—The board may suspend or revoke a license for any of the following reasons 1. Incompetency. 2. Dishonest practice. 3. False or fraudulent representations made in obtaining a license or permit under this chapter.

: : : 578 4. Failure to comply with any provisions of this chapter, or any rules or regu- lations of the board made pursuant to this chapter. Source : S. L. 1975, ch. 50, § 14. 2-07-0^. Permit required— Issuance of permit— Fee.— 1. A Weather modification permit shall be required for each geographical area,, as set out in the operational plan required by subsection 2 of this section, in which a person intends to conduct weather modification operations. Each permit issued by the board shall expire on December thirty-first of the year of issuance. A person applying for a weather modification operational permit shall file an application with the board, in such form as the board shall prescribe, which ap- plication shall be accompanied by an application fee of twenty-five dollars and contain such information as the board, by rule or regulation, may require, and in addition, each applicant for a permit shall a. Furnish proof of financial responsibility as provided by section 2-07-04.3. b. Set forth a complete operational plan for the proposed operation which shall include a specific statement of its nature and object, a map of the pro- posed operating area which specifies the primary target area for the pro* l>osed operation and shows the area that is reasonably expected to be affected by such operation, a statement of the approximate time during which the operation is to be conducted, a list of the materials and methods to be used in conducting the operation, and such other detailed information as may be needed to describe the operation. 2. The board may issue the operational permit if it determines that a. The applicant holds a valid weather modification license issued under this chapter. b. The applicant has furnished satisfactory proof of financial responsibility in accordance with section 2-07-04.3. c. The applicant has paid the required application fee. d. The operation (1) Is reasonably conceived to improve water quantity or quality, re- duce loss from weather hazards, provide economic benefits for the people of this state, advance scientific knowledge or otherwise carry out the purposes of this chapter. (2) Is designed to include adequate safeguards to minimize or avoid possible damage to the public health, safety, or welfare or to the environ- ment. (3) Will not adversely affect another operation for which a permit has been issued. e. The applicant has North Dakota workmen's compensation insurance coverage for all employees working in North Dakota. f. The applicant has furnished a performance bond as required by section 2-07-00. g. The applicant has complied with such other requirements for the issu- ance of permits as may be required by the rules and regulations of the board. h. The applicant has furnished a bid bond in accordance with section 2-07-09.1. i. The applicant has registered, with the North Dakota aeronautics com- mission, any aircraft and pilots intended to be used in connection with the operation. In order to carry out the objectives and purposes of this chapter, the board may condition and limit permits as to primary target areas, time of the operation, materials, equipment, and methods to be used in conducting the operation, emer- gency shutdown procedure, emergency assistance, and such other operational requirements as may be established by the board. 3. The board shall issue only one permit at a time for operations in any geo- graphical area if two or more operations conducted in such an area according to permit limitations blight adversely interfere with one another. 4. All permit fees collected by the board shall be paid into the general fund of the state treasury. 2-07-OJf.l. llrnrinqs.—The board shall give public notice, in the. official county newspaper or newspapers in the area of the state reasonably expected to be a fiected by operations conducted under a permit, that it is considering an applica- tion for such permit, and. if objection to the issuance of the permit is received by the board wit bin twenty days, the board may hold a public hearing for the

579 purpose of obtaining information from the public concerning the effects of issuing the permit. The board may also hold such hearings Upon its own motion. Source : S. L. 1975, ch. 50, § 16. 2-07-04.2. Revocation, suspension, or modification of permit.—The board may suspend or revoke a permit if it appears that the permittee no longer has the qualifications necessary for the issuance of an original permit or has violated any provision of this chapter, or any of the rules and regulations issued under it. The board may revise the conditions and limits of a permit if : 1. The permittee is given notice and a reasonable opportunity for a hearing, to be held in accordance with chapter 28-32. 2. It appears to the board that a modification of the conditions and limits of a permit is necessary to protect the public's health, safety, or welfare or the environment. If it appears to the board that an emergency situation exists or is impending which could endanger the public's health, safety, or welfare or the environ- ment, the board may, without prior notice or hearing, immediately modify the conditions or limits of a permit, or order temporary suspension of a permit. The issuance of such an order shall include notice of a hearing to be held within ten days thereafter on the question of permanently modifying the conditions and lim- its or continuing the suspension of the permit. Failure to comply with an order temporarily suspending an operation or modifying the conditions and limits of a permit shall be grounds for immediate revocation of the license and permit of the person controlling or engaged in the operation. Source : S. L. 1975, ch. 50, § 17. 2-07-04-3. Proof of financial responsibility.—Proof of financial responsibility is made by showing to the satisfaction of the board 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 responsi- bility may be shown by : 1. Presentation to the board of proof of a prepaid noncancellable insurance policy against such liability, in an amount approved by the board. 2. Filing with the board a corporate surety bond, cash, or negotiable securities in an amount approved by the board. Source : S. L. 1975, ch. 50, § 18. 2-07-05. Board may create operating districts— Representation of noncon- trading counties.—The board shall have the authority to place any county con- tracting with the state for weather modification operations, in such an opera- tional district as the board shall deem necessary to best provide such county with the benefits of weather modification. In determining the boundaries of such oper- ating districts, the board shall consider the patterns of crops within the state, climatic patterns, and the limitations of aircraft and other technical equipment. The board may assign any county which has not created a weather modification authority under this chapter to an operating district solely for the purpose of representation on the operations committee of such district. Source : S. L. 1965, ch. 71, § 5 ; 1975, ch. 50, § 19. CROSS-REFEREXCE Suspension of issuance of weather modification permits at direction of division of disaster emergency services, see § 37-17.1-15. 2-07-05.1. District operations advisory committees created— Duties.— 1. There shall be a district operations advisory committee in each operations district created in accordance with section 2-07-05. Each committee shall be com- posed of one commissioner of the weather modification authority from each county within such district and one member of the board of county commissioners from the county or counties assigned to the district in accordance with section 2-07-05. Each advisory committee shall, upon majority vote, with the concurrence of the board, prescribe rules, regulations, and bylaws necessary to govern its procedures and meetings. Each committee shall evaluate weather modification operations within their respective districts and make recommendations and proposals to the board concerning such operations. 2. The weather modification authority of any county authorized to contract for weather modification operations under this chapter and not assigned to an operations district, shall assume the functions of the district operations com- mittee and shall have and may exercise the powers and duties assigned to such

580 operations committees by this chapter and by the rules and regulations of the board of' weather modification. Source : S. L. 1975, ch. 50, § 20. 2-07-05.2. Weather modification authority map suspend operations.—Other provisions of this chapter notwithstanding, the weather modfication authority in any county authorized to contract for weather modification operations under this chapter may suspend the county and state weather modification operation within that county designed to alter the weather within such county. Source : S. L. 1975, ch. 50, § 21. 2-07-06. Weather modification authority created oy petition.—A weather modification authority shall be created by resolution and five commissioners ap- pointed thereto for ten-year terms of office, by the board of county commissioners after fifty-one percent of the qualified electors of a county, as determined by the vote cast for the office of governor at the last preceding general election, shall petition the board of county commissioners of their county to create a county- wide weather modification authority. The board of county commissioners shall appoint the five commissioners to the weather modification authority, who are residents of their county, and whose names are set forth in the petition and des- ignated by the petitioner to be appointed weather modification authority com- missioner is unable or refuses for any reason to accept appointment as commis- sioners to have met the requirements as to number of qualified electors attached to be petition as required in this chapter. In the event any one of the five candi- dates named in the petition to be appointed weather modification authority com- missioner is unable or refuses for any reason to accept appointment as commis- sioner, or is disqualified by not meeting residence requirements, as an elector in the county, the board of county commissioners shall name its own appointee for a ten-year term of office in place of any disqualified candidate selected by the petitioners. If any weather modification authority commissioner submits his res- ignation in writing to the board of county commssioners or becomes unable or disqualified for any reason, after accepting office, the board of county commis- sioners shall name its appointee as a commissioner to the weather modification au- thority. All vacancies occurring otherwise than by expiration of term of office shall be filled for the unexpired term. Any weather modification authority created pursuant to this section shall expire ten years after the date of the initial appointment of the commissioners thereto. Any unexpended funds remaining in the name of the weather modifica- tion authority, after all proper bills and expenses have been paid, shall be trans- ferred into the county general fund by the officers of the weather modification au- thority on or before the ten-year termination date provided by this section ; pro- vided, however, that all unexpended funds remaining in the name of the weather modification authority, after all proper bills and expenses have been paid, shall remain in the name of the weather modification authority if the board of county commissioners of such county by resolution creates a weather modification authority and all its powers in accordance with section 2-07-06.4. 2-01-06.1. Petition contents.—The petition for petitioning the board of county commissioners in any county of this state for the creation and appointment of commissioners to a weather modification authority shall under this chapter contain : 1. A title with the heading: 'Petition for Creation of (insert name of county) Weather Modifications Authority' ; 2. The following paragraph : We, the undersigned qualified electors of (name of county), state of North Dakota, by this initiated petition request that the ( name of county) board of county commissioners of said county create by resolu- tion a (name of county) weather modification authority and to appoint for a term of office of ten years the following five qualified electors of said county as the commissioners for the (name of county) weather modification authority : (a) The name and address of each proposed commissioner for the (name of county) weather modification authority; 3. The following paragraph : We, the undersigned qualified electors of the '( mime of county), state of North Dakota, are noticed herewith that the creation of (name of county) weather modification authority and the appointment of its commissioners by the (name of county) board of county commissioners will grant unto the authority by law the power to certify to the board of county commis- sioners a mill levy tax not to exceed two mills upon the net taxable valuation of property in said county for a weather modification fund, which tax may be levied

; ; 5S1 in excess of the mill levy limit fixed by law for taxes for general county purposes and that such fund shall be used for weather modification activities in conjunc- tion with the state of North Dakota. We, the undersigned understand that the authority requested in this petition expires ten years after the creation of the weather modification authority, except that the board of county commissioners may be resolution create a weather modification authority and all its power, in- cluding the power to certify a tax levy as provided by section 2-07-06.3, for five- year periods in accordance with section 2-07-06.4; 4. A heading: 'Committee for Petitioners', followed by this statement: The following electors of (name of county), state of North Dakota, are authorized to represent and act for us, and shall constitute the ''Committee for the Petitioners'' iu the matter of this petition and all acts subsequent thereto; 5. Petition details : All petitions' signatures shall be numbered, and dated by month, day and year. The name shall be written with residence address and post- office address including the county of residence followed by state of North Dakota 6. An affidavit to be attached by each petition and sworn to under oath before a notary public by the person circulating each petition attesting to the fact that he circulated the petition and that each of the signatures to said petition is the genuine signature of the person whose name it purports to be, and that each such person is a qualified elector in the county in which the petition was circulated and 7. The petition must state the mills to be levied by the county for the purposes of this chapter. Sources : S. L. 1969, ch. 82, § 2 ; 1973, ch. 49, § 2 ; 1975, ch. 50, § 22. 2-07-06.2. Commisioners— Compensation— Meetings— Officers.—A commis- sioner of a weather modification authority shall receive no compensation for his services, but shall be entitled to the necessary expense, as defined in section 44-08-04, incurred in the discharge of his duties. Each commissioner shall hold office until his successor has been appointed and has qualified. The certificates of the appointment shall be filed with the weather modification authority. The powers of each weather modification authority shall be vested in the com- missioners thereof. A majority of the commissioners of an authority shall con- stitute a quorum for the purpose of conducting business of the authority and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of all the commissioners. There shall be elected a chairman, vice-chairman, and treasurer from among the commissioners. A weather modification authority may employ an executive di- rector, secretary, technical experts, and such other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifica- tions, duties, and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the county which created the authority. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper. Minutes shall be kept by the secretary of official meetings and shall include all official business such as contracts authorized and all authorizations for payment of weather modification authority funds to persons, organizations, companies, and corporations. All disbursements shall be approved by a majority of all the commissioners of an authority. Disbursements authorized by the authority for the payment of employee salaries, bills, contracts, services, fees, expenses, and all other obligations, shall be made by check signed by the chairman and the treasurer of the authority. Official policies shall also be entered into the minutes. An annual report shall be compiled with complete disclosure of funds expended for contracts, services, fees, salaries and all other reimbursements, a copy of which shall be filed with the county auditor. Such report shall be given at a public meeting called for such purpose. Source : S. L. 1969, ch. 82, § 3 ; 1973, ch. 49, § 3. 2-01-06.S. Tax levy may be certified by weather modification authority.—The weather modification authority may certify annually to the board of county com- missioners a tax of not to exceed two mills upon the net taxable valuation of the property in the county for a 'weather modification' fund which tax shall be levied by the board of county commissioners and which tax may be levied in excess of the mill limit fixed by law for taxes for general county purposes. Such fund shall be used only for weather modification activities in conjunction with the state of North Dakota. The tax certified by the weather modification authority

582 is limited to the period of existence of the weather modification authority as provided for in this chapter. Source: S. L. 1909, ch. 82, § 4; 1973, ch. 49, § 4; 1975, ch. 50, § 23. 2-07-06..$. Creation of weather modification authority and its powers by resolution.—When a weather modification authority is about to expire, the board of county commissioners of any such county may by resolution authorize the creation of such weather modification authority and all its powers, including the power to certify a tax levy as provided by section 2-07-06.3 for additional five-year periods provided, the resolution authorizing the creation of such weather modification authority is adopted by the board of county commissioners before the expiration date prescribed in the preceding resolution for its termi- nation. Upon passing such resolution for the creation of the authority, the board of county commissioners shall appoint five weather modification authority com- missioners to five-year terms of office, subsequently filling vacancies in the man- ner prescribed by section 2-07-06. The board of county commissioners may remove from office any weather modification commissioner, whenever it appears to them by competent evidence and after a hearing that such commissioner has been guilty of misconduct, malfeasance, crime in office, neglect of duty in office, or of habitual drunkenness or gross incompetency. Source : S. L. 1973, ch. 49, § 5. 2-07-06.5. Procedure for abolishment of weather modification authority and all its powers by recall initiated petition.—After fifty-one percent of the quali- fied electors of a county, as determined by the vote cast for the office of governor at the last preceding gubernatorial election, shall petition the board of county commissioners of their county to recall the commissioners of a weather modifi- cation authority as created by section 2-07-06 and to abolish such county weather modification authority, the board of county commissioners shall adopt a resolu- tion recalling all commissioners of such weather modification authority and abolish their appointed office and abolish such weather modification authority until such time as a weather modification authority is created by petition in accordance with section 2-07-06. provided that such recall petition has been found by the county commissioners to have met the requirements as to the num- ber of qualified electors attached to the petition as required in this chapter. In the event the board of county commissioners certifies the sufficiency and validity of the recall petition and adopts a resolution recalling all commissioners of a weather modification authority and abolishes such authority, then all unexpended funds remaining in the name of the weather modification authority, after all proper bills and expenses have been paid, shall be transferred into the county gen- eral fund by the officers of the weather modification authority on the effective date of such recall and abolishment resolution adopted by the board of county commis- sioners. Tn the event there are outstanding valid bills unpaid after such date, the board of county commissioners is hereby authorized to pay such proper obliga- tions from moneys in the county general fund. A recall initiated petition shall have a title with the heading: 'Recall Petition for the Abolishment of (insert name of county) Weather Modification Authority'. Such recall petition shall incorporate a paragraph stating its purpose in clear lansruage and shall comply with all requirements prescribed in subsections 4. 5. and 6 of section 2-07-06.1 relating to petition contents, committee for petitioners, petition details, affidavits and persons circulating such petitions. 2-07-06.6. Creation of weaiher modification authority by election.—When a petition signed by not less than twenty percent of the qualified electors of the county, as determined by the vote cast for the office of governor at the last preceding gubernatorial election, requesting an election upon the establishment of such recall and abolishment resolution adopted by the board of county commis- sioners, the board of county commissioners shall submit the question to the elec- tors of the county at the next county-wide election. Upon approval bv a majority of the votes cast, the board of county commissioners shall establish a weather modification authority as described in section 2-07-06. with all its powers, in- cluding the power to certify a tax lew as provided bv section 2-07-06.3. Source: S. L. 1973. ch. 49, § 7. 2-07-06.7. Abolishment of wenther modification authority by election.—When a petition Signed by not less than twenty percent of the qualified electors of the county, as determined by the vote cast for governor in the last preceding guha- natorial election, rouuosfiiur an election upon the abolishment of a weather modification authority as created in section 2-07-O6.4 and section 2-07-06. 6 is presented to the board of county commissioners, the board of county commis-

583 sinners shall submit the question to the electors of the county at the next county- wide election. Upon approval by a majority of the votes cast, the board of county commissioners shall abolish the weather modification authority as of December thirty-first following the election. All unexpended funds remaining in the name of the weather modification authority, after all proper bills and expenses have been paid, shall be deposited in the general fund of the county. Source : S. L. 1973, ch. 49, § 8. 2-07-06.8. Creation of weather modification authority by vote after resolution of county commissioners.—The board of county commissioners of any county may, by resolution after a public hearing, submit the question of the creation of a weather modification authority to the electors of the county at the next county- wide election. Upon approval by a majority of the votes cast, the board of county commissioners shall pass a resolution creating a weather modification authority, as described in section 2-07-06, including the authority to levy a tax as provided by section 2-07-06.3. Source : S. L. 1975, ch. 50, § 24. 2-07-07. County budget may be waived for first appropriation— Conditions.— The provisions of chapter 11-23 shall not apply to appropriations made under the provisions of this chapter, provided, however, that only after the filing and ap- proval of the 'petitions' to create a weather modification authority by the board of county commissioners and certification of a mill levy by the weather modifica- tion authority and only for the initial or first appropriation of said 'weather modification' activities, such county commissioners may, at their discretion, ap- propriate from moneys not otherwise appropriated in the general fund, such moneys as are necessary for carrying out the provisions of this chapter, provided that said appropriation shall not exceed an amount equal to two-mill levy upon the net taxable valuation of the property in said county. Source: S. L. 1965, ch. 71. § 7; 1969, ch. 82, § 5. 2-07-08. Bids required— When.—Whenever the board of weather modification shall undertake to contract with any licensed controller in an amount in excess of ten thousand dollars in any one year, the board shall advertise for proposals for such weather modification activities and in its proceedings with respect to bids therefor, shall substantially follow the manner and form required by the laws of this state for the purchase of supplies by the department of accounts and purchases. The board shall enter into no contract or agreement for weather modification services except with a controller, holding the permit as required by This chapter, except for the purpose of gathering technical information, and making studies or survevs. Source: S. L. 1965, ch. 71, § 8; 1973, ch. 49, § 9; 1975. ch. 50, § 25. 2-07-09. Performance bond required.—Before the board shall contract with any controller, it shall require the controller to furnish a surety bond for the faithful performance of the contract in such amount as determined by the board, conditioned that the licensee and his agents will in all respects faithfully per- form all weather modification contracts undertaken with the board and will comply w ith all provisions of this chapter and the contract entered into by T the board and the licensee. Source: S. L. 1965, ch. 71, § 9 : 1973, ch. 49, § 10: 1975, ch. 50, § 20. 2-07-09.1 Bid bond required.—All bids submitted to the board of weather modification for operations conducted under this chapter shall be accompanied by a bidder's bond in a sum equal to five percent of the full amount of the bid, executed by the bidder as principal and by a surety company authorized to do business in this state as a guaranty that the bidder will enter into the contract if it is awarded to him. Source : S. L. 1975. ch. 50. § 27. 2-07-10. State immunity.—Nothing in this chapter shall be construed to im- pose or accept any liability or responsibility on the part of the state of North Dakota or any of its agencies, or any state officials or state employees or weather modification authorities for any injury caused by weather modification opera- tions by any person or licensed controller as defined in this chapter. Source: S. L. 1965, ch. 71, § 10; 1973, ch. 49, § 11 ; 1975, ch. 50, § 28. 2-07-10.1. Liability of controller.— 1. An operation conducted under the license and permit requirements of this chapter is not an ultrahazardous or abnormally dangerous activity which makes the permittee subject to liability without fault. 2. Dissemination of materials and substances into the atmosphere by a per- mittee acting within the conditions and limits of his permit shall not constitute trespass.

— 584 3. Except as provided in this section and in section 2-07-10, nothing in this chapter shall prevent any person adversely affected by a weather modifica- tion operation from recovering damages resulting from negligent or inten- tionally harmful conduct by a permittee. 4. The fact that a person holds a license or was issued a permit under this chapter, or that he has complied with the rules and regulations made by the board pursuant to this chapter, is not admissible as a defense in any legal action which may be brought against him. Source : S. L. 1975, ch. 50, § 29. 2-07-11. Weather modification board may receive and expend funds.—The weather modification board is hereby authorized to receive and accept for and in the name of the state any and all funds which may be offered or become available from federal grants or appropriations, private gifts, donations or bequests, county funds, or funds from any other source, except license and permit fees, and to expend said funds for the expense of administering this chapter, and, with the exception of county funds, for the encouragement of research and development in weather modification by any private person, the North Dakota state university, the university of North Dakota, or any other appropriate state, county, or public agency in this state either by direct grant, by contract, or by other means. All federal grants, federal appropriations, private gifts, donations or bequests, county funds, or funds from any other source, except license and permit fees, received by the board shall be paid over to the state treasurer, who shall credit same to a special fund in the state treasurer, who shall credit some to a special fund in the state treasury known as the 'state weather modification fund'. All proceeds deposited by the state treasurer in the state weather modifi- cation fund are hereby appropriated to the North Dakota weather modifica- tion board and shall, if expended, be disbursed by warrant-check prepared by the department of accounts and purchases upon vouchers submitted by the North Dakota weather modification board, and shall be used for the pur- pose of paying for the expense of administration of this chapter and. with the exception of county funds, for the encouragement of research and develop- ment in weather modification by any private person, the North Dakota state university, the university of North Dakota, or any other appropriate state, coun- ty, or public agency bv direct grant, bv contract, or bv other means. Source : S. L. 1965, ch. 71, § 11 ; 1975, ch. 50, § 30. 2-07-11.1. County appropriations— State to provide matching funds.—Any coun- ty weather modification authority which has contracted with the board of weather modification for weather modification operations under this chapter shall appropriate to the state weather modification fund one-half of the total amount determined by the board of weather modification as necessary to provide such county with weather modification operations. The board of weather modifica- tion may expend, from the state weather modification fund, such funds as it deems necessary to provide contracting counties with weather modification operations. 2-07-12. Aeronautics commission— Compensation— Expenses.—Each member of the North Dakota aeronautics commission shall receive the same compensation that is paid for other aeronautics commission duties for each day actually and necessarily engaged in performance of official duties in connection with the administration of this chapter, and commission members and employees shall be reimbursed for actual and necessary expenses incurred in carrying out their official duties in the same manner and at the same rates as provided by law for state employees. 2-07-13. Penalty.—Any person contracting for or conducting any weather modification activity without being licensed in accordance with the provisions of this chapter or otherwise violating the provisions thereof shall be guilty of a class B misdemeanor. Oklahoma Okla. Stat. Ann. Tit. 2, §§ 1401-1432 Chapter 29 Oklahoma Weather Modification Act Sec. 1401. Short title. 1402. Definitions. 340.'i. Powers of Board. 1 404. Continued conduct of research and development activities. 1405. Ilearings.

; ; ; : ; 585 Sec. 1406. Gifts and grants. 1407. Necessity for licenses and permits. 1408. Exemptions. 1409. Issuance of licenses. 1410. Issuance of permits. 1411. Separate permits—Notice of intention. 1412. Contents of notice of intention. 141.3. Publication of notice of intention. 1414. Proof of financial responsibility. 1415. Permit fees. 1416. Records and reports. 1416.1 Monitoring by United States Government. 1417. Revocation or suspension of licenses or permits—Modification of permits. 1418. Certain liabilities not imposed or rights affected. 1419. Penalties. 1420. Purpose. 1421. Expenditure of monies. 1422. Receipt of monies—Contracts. 1423. Call for election on weather modification assessment—Notice—Contents. 1424. Proposed budget—Appraisers. 1425. Hearing of protests concerning appraisals. 1426. Collection of assessments. 1427. Weather modification fund—Reports. 142S. Discontinuance of activities. 1429. Essential function of county government—Disbursements. 1430. Liens—Tax sales. 1431. Contracts for joint operations. 1432. Construction—Codification. llJtOl. Short title This act may be cited as the 'Oklahoma Weather Modification Act.' Laws 1972, c. 228, § 1, eff. April 7, 1972. § l> t 02. Definitions As used in this act, unless the context requires otherwise : 1. 'Board' means the Oklahoma Water Resources Board ; 2. •'Operation' means the performance of weather modification and control activities pursuant of weather modification and control activities pursuant to a single contract entered into for the purpose of producing, or attempting to pro- duce, a certain modifying effect within one specified geographical area over one continuing time interval not exceeding one (1) 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 con- trol activities entered into for the purpose of producing, or attempting to pro- duce, a certain modifying effect within one specified geographical area over 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 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 and ; 4. 'Weather modification' or 'weather modification and control' means chang- ing or controlling, or attempting 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. ( Laws 1972, c. 228, § 2, eff. April 7, 1972. Laws 1973, c. ISO, § 14, eff. May To, 1973.) § 1403. Poicers of ooard In the performance of the functions authorized herein, the Board may, in addition to any other acts authorized by law 1. Establish advisory committees to advise with and make recommendations to the Board 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 as the Board may deem necessary or desirable to minimize danger to health or property, and make such regulations as are necessary in the performance of its powers and duties 3. Make such studies and investigations, obtain such information, and hold such hearings as the Board may deem necessary or proper to assist it in exercis- ing its authority or in the administration or enforcement of this act or any reg- ulations or orders issued thereunder

; : ; : ; 586 4. Appoint and fix the compensation of such personnel, including specialists and consultants, as are necessary to perform its duties and functions hereunder 5. Acquire, in the manner provided by law, such materials, equipment and facilities as are necessary to perforin its duties and functions hereunder ; 6. Cooperate with public or private agencies in the performance of the Board's functions or duties and in furtherance of the purposes of this act 7. Represent the state in any and all matters pertaining to plans, procedures or negotiations for interstate compacts or cooperative agreements relating to weather modification and control 8. Enter into cooperative agreements with the United States Government or any of its agencies, other states, or with the various counties and cities of this state or with any private or public agencies for conducting weather modifi- cation or cloud seeding operations ; 9. Act for and represent the state and the counties, cities and private or pub- lic agencies in contracting with private concerns for the performance of weather modifications or cloud seeding operations and ; 10. Assist and cooperate in the formation of weather modification districts within this state. (Laws 1972, c. 228, § 3, eff. April 7, 1972.) § 1'fOJf. Continued conduct of research and development activities The Board 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 Board may conduct, and make arrangements including contracts and agree- ments 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 ; 2. Utilization of weather modification and control for agricultural, industrial, commercial, municipal and other purposes and ; 3. The protection of life and property during research and operational activi- ties. (Laws 1972, c. 228, § 4, eff. April 7, 1972.) § UfOo. Hearings In the case of hearings held pursuant to this act, the Board shall conduct such hearings in accordance with the provisions of the Administrative Procedures 1 Act. (Laws 1972 c.228, § 5, eff. April 7, 1972.) § UfOG. Gifts and grants A. The Board may, subject to any limitations otherwise imposed by law, re- ceive and accept for and in the name of the state any funds which may be of- fered or become available from federal grants or appropriations, private gifts, donations or bequests, or from any other source, and may expend such funds, unless their use is restricted and subject to any limitations otherwise provided by law, for the administration of this act for operations and research and for the encouragement of research and development by a state or public or pri- vate agency, either by direct grant, by contract or other cooperative means. B. All license and permit fees paid to the Board shall be deposited in the Gen- eral Revenue Fund of the State Treasurv. (Laws 1972, c. 228, § 0, eff. April 7, 1972.) § 1407. Necessity for licenses and permits 2 Except as provided in Section 8 of this act, no person, corporation or institution si a 11 engage in activities for weather modification and control except under i and in accordance with a license and a permit issued by the Board authorizing such activities. (Laws 1972, c. 228, § 7, eff. April 7, 1972.) § i4Q8. Exemptions The Board, to the extent it deems practical, shall provide by regulation for exempting from the license and permit requirements of this act 1, Research and development and experiments by state and federal agencies and institutions of higher learning ; 2. Laboratory research and experiments ; :;. Activities normally engaged in for purposes other than those of inducing, Increasing, decreasing or preventing precipitation and ; 1 Section Mm et s»q. of Title 73. 2 Section 1408 of this title.

; ; ; ; ; : ; 587 4. Religious ceremonies, rites or acts and American Indian or other cultural ceremonies which do not utilize chemical or mechanical means to alter weather phenomena and which are not performed for profit. (Laws 1972, c. 228, § 8, eft'. April 7, 1972.) § 1409. Issuance of licenses A. 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, to the satisfaction of the Board, competence in the field of meteorology and financial responsibility reasonably necessary to engage in activities for weather modification and control. If the applicant is an organiza- tion, these requirements shall be met by the individual or individuals who are to be in control and in charge of the operation for the applicant. B. The Board 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 act. Each license shall be issued for a period to expire at the end of the state fiscal year in which it is issued and, if the licensee possesses the qualifications necessary for the issuance of a new license, such license shall upon application be renewed at the expiration of such period. A license shall be issued or renewed only upon the payment to the Board of One Hundred Dol- lars ($100.00) for the license or renewal thereof. (Laws 1972, c. 228, § eff. April 7, 1972.). § lJflO. Issuance of permits The Board 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 act only : 1. If the applicant is licensed pursuant to this act 2. If a sufficient notice of intention is published and proof of publication is 3 filed as required by Section 13 of this act 4 3. If the fee for a permit is paid as required by Section 15 of this act and 4. If the applicant has given bond for the faithful performance of any weather modification contract which the applicant has entered into for the weather modi- fication operation for which application was made for the permit. The surety on any bond to guarantee the faithful performance and execution of any work shall be deemed and held, any contract to the contrary notwithstanding, to con- sent without notice to an extension of time to the contractor in which to perform the contract for a period of not more than thirty ( 30) days. (Laws 1972, c. 228, §10, eff. April 7, 1972.). §14H- Separate permits— Xotice of intention A separate permit shall be issued for each operation. Prior to undertaking any weather modification and control activities the licensee shall file with the Board 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 substantially within the time and area limits set forth in the notice of intention, unless modi- fied by the Board, and his activities shall also conform to any conditions imposed by the Board upon the issuance of the permit or to the terms of the permit as modified after issuance. (Laws 1972, c. 228, § 11, eff. April 7, 1972.) § 1412. Contents of notice of intention The notice of intention shall set forth at least 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 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 : and 5. The materials and methods to be used in conducting the operation. (Laws 1972, c. 228, § 12, eff. April 7, 1972.) § 1413. Publication of notice of intention A. The applicant shall cause the notice of intention, or that portion thereof 5 including the items specified in Section 12 of this act, to be published at least 3 Section 1413 of this title. 4 Section 1415 of this title. e Section 1412 of this title.

588 once a week for two (2) consecutive weeks in a newspaper having a general circulation and published within any county in which the operation is to be con- ducted and in which the affected area is located, or, if the 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 in a newspaper having a general circulation and pub- lished within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county. B. Proof of publication together with publisher's affidavit, shall be filed by the licensee with the Board within fifteen (15) days from the date of the last publication of the notice. C. Provided, that upon declaration of emergency drought conditions within any county or counties of this state by proclamation by the Governor or by concurrent resolution by the Legislature, the provisions of this act requiring notice by publication of intent to perform any weather modification operation may be suspended. (Laws 1972, c. 228, § 13, eff. April 7, 1972.) § iW. Proof of financial responsibility Proof of financial responsibility shall be furnished by an applicant by his showing, to the satisfaction of the director, his ability to respond in damages for liability which might reasonably be attached to or result from his weather modification and control activities in connection with the operation for which he seeks a permit. (Laws 1972, c. 228, § 14, eff. April 7, 1972.) § IJflo. Permit fees The fee to be paid by each applicant for a permit shall not exceed Twenty-five Dollars ($25.00). (Laws 1972, c. 228, § 15, eff. April 7, 1972.) § 1416. Records and reports A. Each 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 licensee, and such other general information as may be required by the Board, and shall report the same to the Board at the time and in the manner required by the Board. B. The Board shall require written reports regarding methods and results, but not inconsistent with the provisions of this act, covering each operation for which a permit is issued. The Board shall also require written reports from 6 such organizations as are exempt under Section 8 from the license and permit requirements of this act. C. All information on an operation shall be submitted to the Board before any information on such operation may be released to the public. D. The reports and records in the custody of the Board shall be open for public examination as public documents. (Laws 1972, c. 228, § 16, eff. April 7, 1972). § UflG.l Monitoring by United States Government When a permit is issued under the Oklahoma Weather Modification Act for weather modification research by the United States Government or its agent, any other operation for which a permit is issued and which is located in full or in part Within the area of the permitted research operation shall submit to monitor- ing by the agency conducting such operation when such operation is being conducted. (Added by Laws 1973, c. ISO, §15, eff. May 16, 1973.) § 1 'ill. Revocation or suspension of licenses or permits— Modification of permits A. Under the provisions of the Administrative Procedures Act, 7 the Board may suspend, revoke or refuse to renew any license or permit issued by it if the applicant no longer qualifies for such license or permit under the provisions of this act or if the applicant has violated any provisions of this act. B. The Board may modify the terms of a permit after issuance thereof 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 Board that if is necessary for the protection of the health or the property of any person to make the modification proposed. (Laws 1972, c. 22S, §17, elf. April 7, 1972.) Section 1108 of this title. 7 Section 301 et seq. of Title 75.

589 § 1418. Certain liabilities not imposed or rights affected Nothing in this act shall be construed to impose or accept any liability or responsibility on the part of the state or any state officials or employees for any weather modification and control activities of any private person or group, or to affect in any way any contractual, tortious or other legal rights, duties or liabili- ties between any private persons or groups. (Laws 1972, c. 228, § 18, eff. April 7, 1972. ) § 1419. Penalties Any person violating any of the provisions of this act or any lawful regulation or order issued pursuant thereto shall be guilty of a misdemeanor and a continu- ing violation punishable as a separate offense for each day during which it occurs, and upon conviction shall be imprisoned in the county jail for not more than ten (10) days or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by both, for each such separate offense. (Laws 1972, c. 228, § 19, eff. April 7, 1972.) § 1420. Purpose The Legislature finds that it is in the best interest of the citizens of the State of Oklahoma to establish a procedure whereby the orderly conduct of weather modification programs can be administered, controlled and financed at the local level under the licensing and permit system established by the State of Oklahoma ; further determines that such programs benefit all citizens alid property in areas where they are operated, and that counties are authorized to finance programs of weather modification pursuant to the provisions of Article 10. Section 7 of the Oklahoma Constitution. It is the intention of the Legislature that this act be liberally construed so as to promote the general welfare and prosperity of the eft'. May citizens of this state. (Added by Laws 1973, c. 180, § 1, 1(5, 1973.) § L',-21. Expenditure of monies Counties, cities, towns, other local subdivisions of government, state agencies, and special purpose districts may expend monies for weather modification and control from the following sources : 1. General funds not otherwise obligated, provided that state agencies may only expend funds for weather modification on lands owned by them or under their administrative controls or as otherwise provided by law: 2. Monies received by such entities for weather modification and control? and 3. Monies received from assessments as provided in this act. (Added by Laws 1973, c. 180, § 2, eff. May 16, 1973.) § 1422. Receipt of monies— Contracts Counties, cities, towns, other local subdivisions of government, state agencies, and special purpose districts may receive public and private donations, pay- ments and grants for weather modification and control. Any of the foregoing entities may contract among themselves, with state and federal agencies, and with private individuals and entities for payments, grants and donations of money for weather modification and control. (Added by Laws 1973, c. 180, § 3, eff. May 16, 1973.) § 1423. Call for election on weather modification assessment— Notice— Contents On a petition signed by qualified electors equal to at least ten percent (10% ) of the total number of votes cast by county electors in the most recent general elec- tion, or on their own motion, the board of county commissioners shall call an election and submit to the electors of the county the question of whether or not an assessment shall be levied. The board of county commissioners may exempt areas within muncipalities or other areas from the assessment and may contract with such areas to make payments in lieu of assessments. The county commis- sioners shall exclude from voting the electors in those areas exempt from assess- ment. The notice of election shall be published once weekly for four (4) weeks in a newspaper of general circulation in the county. The notice shall specify the election date, the proposed weather modification plan, the proposed budget, the total amount of money proposed to be assessed, the purpose for which it is in- tended to be used, the maximum annual assessments proposed to be levied and the number of years, not to exceed five (5) years, for which the assessment shall be authorized. The election shall be conducted by the county election board in ac- cordance with the general election laws of this state. The ballots shall contain the words 'Weather Modification-Assessment-Yes' and 'Weather Modification- 34-857—79 40

: ; 590 Assessment-No.' If a majority of votes are 'Weather Modification-Yes', the countv commissioners shall, at the time of the annual levy thereunder, levy the assessment. (Added by Laws 1973, c. 180, § 4, eff. May 16, 1973.) § 1424. Proposed budget— Appraisers— Waiver of assessment Before calling the election, the board of county commissioners shall prepare a proposed budget for weather modification and control, which may include, in addition to actual cost of a weather modification program, the cost of conducting the election, any additional costs of assessments and collection, payment, of ap- praisers of benefits, costs of publication of notice and other costs incurred by the county if it joins with other units of government in joint modification programs. The board of county commissioners shall then determine, after consideration of other funds available from all sources, the total amount needed to be raised by assessment. The board of county commissioners shall appoint three (3) landowners who are residents of the area to be assessed, to act as appraisers to appraise and apportion the benefits and recommend the assessments to pay for such benefits. For such purpose the appraisers shall use the records of the county assessor. Immediately after the appraisals are completed, they shall file a written report with the board of county commissioners. The board of county commissioners may, on their own motion or on the report of the appraisers and after adopting a uniform policy, waive the levy of assessment, when the board or appraisers finds that the benefits and assessments are negligible, are not justifiably economical to collect or are satisfied by an in lieu payment. Such waiver of assessment shall not be considered an exemption from assessment for any purpose, including the voting provisions of the preceding section. (Amended by Laws 1975, c. 305. § 1, emerg. eff. June 7, 1975.) § 1425. Hearing of protests concerning appraisals After an affirmative vote of electors, the commissioners shall appoint a time and place for holding a public hearing to hear any protests concerning the appraisals. The hearing shall be held after published notice for two (2) weeks in a newspaper of general circulation in the county giving the date, time and purpose of the hear- ing. At the hearing, the board of county comissioners shall have the authority to review and correct said appraisals and shall by resolution confirm the same as so revised and corrected by them. Any person objecting to the appraisal of benefits and assessment of his property as confirmed shall have the right of the appeal to the district court. (Added by Laws 1973, c. 180, § 6, eff. May 10, 1973.) §Vf26. Collection of assessments A. The assessment shall become due and shall be collected at the same time ad valorem taxes are due and collected. Such annual levy shall be certified not later than October 1 of each year to the county treasurer of the county in which the property is situated. The certificate shall be substantially as hereinafter provided. B. The certificate shall set forth a table or schedule showing in properly ruled columns 1. The names of the owners of the property to be assessed 2. The description of the property opposite the names of the owners ; 3. The total amount of the annual assessment on the property : 4. The total amount of all delinquent assessments ; 5. The tolal assessment against the land for the year ; 6. A blank column in which the county treasurer shall record the amounts collected ; 7. A blank column in which the county treasurer shall record the date of payment; and s. A blank column in which the county treasurer shall report the name of the person who paid. C. The certificate and report shall be prepared in triplicate in a book named 'Assessment Book of Weather Modification, County, Oklahoma'. This name shall also be printed at the top of each page. I). Two (2) copies of the certificate shall be forwarded to the county treasurer of the county wherein the land is located. The county treasurer shall receive the certificate as a special assessment book, and shall certify it as other special assess- ment records and shall collect the assessment according to law. The special assess- ment book shall be treasurer's warrant and authority to demand and receive the assessment due; and it shall be unlawful for any county treasurer to accept payment of the ad valorem taxes levied against any property described therein

) 591 until the owner has been notified that there is a special assessment noted in the special assessment book. (Added by Laws 1973, c. 180, § 7, eff. May 16, 1973.) § 1427. Weather modification fund — Reports The county treasurer shall establish a weather modification fund and shall de- posit all monies collected from assessments, grants, donations or other sources for weather modification purposes and make monthly reports of the sums collected to the board or county commissioners. The county treasurer shall make a report to the commissioners immediately after October 31 of each year of the sums collected and of the assessments not collected. AH assessments remaining unpaid after they become due and collectible shall be delinquent and bear a penalty in the same manner as ad valorem taxes. (Added by Laws 1973, c. 180, § 8, eff. May 16, 1973.) 1 ',2S. Discontinuance of activities § If a county ceases to be involved in weather modification activities, any un- expended funds in the weather modification fund shall be invested in interest- bearing obligations of the United States Government until weather modification activities are resumed, with the interest therefrom credited to the weather modifi- cation fund. If, after five (5) years, the county has not resumed activity in weather modification, the board of county commissioners shall transfer said unexpended funds collected by assessment, with interest accrued, to a sinking fund of the county, to reduce bonded indebtedness, and the board of county commissioners shall refund, on a pro rata basis, monies from other sources. (Added by Laws 1973, c. 180, § 9, eff. May 16, 1973.) § 1429. Essential f unction of county government— Disbursements The weather modification activities herein authorized shall be deemed to be an essential function of county government. All disbursements from the weather modification fund shall be made in accordance with the requirements and pro- cedures for disbursement from the county general fund. All records required to be maintained as to disbursements from the county general fund shall likewise be maintained on disbursements from the weather modification fund. (Added bv Laws 1973. c. 180, § 10. eff. May 16, 1973. § UfW. Liens— Tax sales All assessments and all costs and expenses of collecting delinquent assessments shall constitute a lien on the property against which the assessments have been levied. Such lien shall attach on the date which the assessment certificate is filed in the office of the county treasurer and shall continue until paid. Such lien shall have the same priority as a lien created by delinquent ad valorem taxes, all other taxes and special assessments. Delinquent assessments shall be collected by the county treasurer in the same manner and at the same time as delinquent ad valorem taxes are collected. Any tax sale shall include all costs incurred due to said sale, and such lien may be evidenced by any ad valorem tax sale certificate including said charge substantially in the form required by law. Unless expressly declared to the contrary, no warranty deed or deed made pursuant to a judicial sale shall warrant against any portion of any assessment or assessments levied hereunder except installments due before the date of such deed. (Added by Laws 1973, c. 180, § 11, eff. May 16, 1973.) § 1431. Contracts for joint operations Counties may contract with other counties and other local subdivisions of gov- ernment and state and federal agencies to engage in joint weather modification operations. All such contracts shall be filed with and approved by the Board. (Added by Laws 1973, c. 180, § 12, eff. May 16, 1973.) § 1432. Construction— Codification This act shall be construed as part of the Oklahoma Weather Modification Act, and Sections 1 through 12 of this act shall be codified as a part thereof. (Added by Laws 1973. c. 180, § 13, eff. May 16, 1973.) Oregon Oregon Rev. Stat. §§558.010-558.990; 451.010; 451.420 Weather Modification Licensing 558.010 Definitions for ORS 558.010 to 558.140. 558.020 Purpose of ORS 558.10 to 558.140 and 558.990.

: : 592 Artificial weather modification prohibited without license. .Application for license ; fee. Applicant to file proof of financial responsibility. Hearing an application for license. Issuance of license ; conditions ; licensee's authority ; use of improper materials cause for suspension or revocation : renewal. Governmental entities conducting weather modification at airport exempted. Contents of hearing notice. Publication of notice of hearing. Troof of publication. Records and reports of operations ; public examination. Emergency licenses. Revocation, suspension, refusal to issue or renew license ; procedure. Appropriation for administration and enforcement. Weather Modification Districts (General Provisions) 'County court' defined. Initiative and referendum. (Incorporation) Incorporation for weather modification ; limitations as to area. Forest lands not benefited property ; not included in district except upon petition. Time for formation election. Commissioners of first board : qualifications. Certificates of election for commissioners. (Powers of District) General powers of district. Limitation on right to own or operate equipment. Regulations concerning district property. Duty to carry liability insurance. Cooperative agreements between districts. Tax assessment, levy and collection. Disposal of taxes levied when organization declared invalid. Employes' retirement system authorized. 1 ustrict to budget for retirement system. Employee contribution. Limitation on membership. (Board of Commissioners) Powers of district in board ; qualifications, terms and election of commissioners. Board meeting ; officers ; quorum ; employing assistance : employee benefits. Increasing number of commissioners. Deposit and withdrawal of moneys ; annual reports ; records. Calling special elections. Penalties Penalties. Licensing 558.010 Definitions for ORS 558.010 to 558.11,0. As used in ORS 55S.010 to 558.140 and 558.090 (1) 'Department' means the State Department of Agriculture. (2) 'Person' includes any public or private corporation. [1053 c.654 s.l : 1055 c.61 s.4] 558.020 Purpose of ORS 558.010 to 558.11,0 and 558.990. The purpose of ORS 558.010 to 558.140 and 558.990 is to promote the public health, safety and well are by providing for the licensing, regulation and control of interference by artificial means with the natural precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. ri953 c.654 s.2] 558.030 Artificial weather modification prohibited without license. Xo person, without securing a license from the department, shall cause or attempt to cause by artificial means condensation or precipitation of rain, snow. hail, moisture or water in any form contained in the atmosphere, or shall prevent or attempt to prevent by artificial means the natural condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. [1053 c.654 s.3] 558.01,0 Application for license; fee. (1) Any person desiring to do any of the acts specified in ORS 558.030 shall file with the department an application for a license on a form to be supplied by the department for such purpose setting forth All of the following (a) The name and post-office address of the applicant. (b) The education, experience and qualifications of the applicant, or if the applicant is not an individual, the education, experience and qualifications of the persons who will be in control and in charge of the operation of the applicant. (c) The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant.

: ;; 593 (d) The nature and object of the weather modification operation which applicant proposes to conduct, including a general description of such opera- tion and the manner in which the production, management or conservation of water or energy resources or agricultural or forest crops could be benefited by the operation. (e) The method and type of equipment and the type and composition of the materials that the applicant proposes to use. (f) Such other pertinent information as the department may require. (2) Each application shall be accompanied by a filing fee in the sum of $100, and proof of financial responsibility as required by ORS 558.050. [1953 c.654 s.4 1975 c.420 s.l] 558.050 Applicant to file proof of financial responsibility. (1) No license shall be issued to any person until he has filed with the department proof of ability to respond in damages for liability on account of accidents arising out of the weather modification operations to be conducted by him in the amount of $100,000 because of bodily injury to or death of one person resulting from any one acci- dent, and, subject to said limit for one person, in the amount of $300,000 because of bodily injury to or death of two or more persons resulting from any one acci- dent, and in the amount of $300,000 because of injury to or destruction of proper- ty of others resulting from any one accident. (2) Proof of financial responsibility may be given by filing with the depart- ment a certificate of insurance or a bond or a certificate of deposit of money in the same manner and with the same effect as provided by ORS chapter 486. [1953 c.654 s.13; 1975 c.420 s.la] 558.055 Hearing on application for license. Upon receipt of an application for a license, the department shall fix the time and place for a public hearing on the application. Such hearing shall be held in the county seat of any county in which the proposed operation will be conducted. The department shall notify the appli- cant of the time and place of hearing in sufficient time for the applicant to com- ply with the notice requirements of ORS 558.080 to 558.100. [1975 c.420 s.3] 558.060 Issuance of license; conditions ; licensee's authority ; use of improper materials cause for suspension of revocation; renewal. (1) The department shall act within 30 days, but shall only issue the license upon finding that (a) The applicant is qualified to undertake the weather modification opera- tion proposed in his application ; (b) The production, management or conservation of water or energy resources or agricultural or forest crops could be benefited by the proposed weather modification operation and ; (c) The proposed weather modification operation would not be injurious to the public health or safety. (2) Each such license shall entitle the licensee to conduct the operations described in the license for one year from the date the license is issued unless the license is sooner revoked or suspended. The conducting of any weather modifica- tion operation or the use of any equipment or materials other than those described in the license shall be cause for revocation or suspension of the license. (3) The license may be renewed annually by payment of a filing fee in the sum of $50. If the application for renewal proposes any change in the previously licensed operation, or if the department determines that the public health or safety may be adversely affected by continuation of the operation, the department shall conduct a hearing on the application for renewal. The provisions of ORS 558.055 and 55S.0S0 to 55S.100 shall apply to such hearing. [1953 c.654 s.5 1975 c.420 s.41 558.065 [1965 c.336 s.2 ; repealed by 1967 c.225 s.l (558.066 enacted in lieu of 558.0; 55)] 558.066 Governmental entities conducting weather modification at airport exempted. The State of Oregon or its agencies, counties, cities, public corpora- tions or political subdivisions thereof or any person engaged by any of them for the purpose of removing or dispersing fog, or carrying out or performing any other weather modification at an airport owned or operated by the State of Oregon or its agencies, counties, cities, public corporations or political subdi- visions thereof, are exempt from the provisions of ORS 55S.010 to 55S.140 and 558.990 in respect to such operations at such airport only. [1967 c.225 s.2 (enacted in lieu of 558.065) 1 558.070 [1953 c.654 s.6 ; repealed by 1975 c.420 s.12] 558.080 Contents of hearing notice. The notice of hearing shall set forth all of the following: (1) The name and post-office address of the applicant.

594 (2) The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant. (3) The nature and object of the weather modification operation which apppli- cant proposes to conduct, including a general description of such operation. (4) The method and type of equipment and the type of composition of the materials that the applicant proposes to use. (5) The area in which the approximate time during which the operation will be conducted. (6) The area which will be affected by the operation as near as the same may be determined in advance. (7) The time and place of the public hearing. [1953 c.654 s.7 ; 1975 c.420 s.5] 558.090 Publication of notice of hearing. The applicant shall cause the notice of hearing to be published at least once a week for two consecutive weeks in a news- paper having a general circulation and published within the county wherein the proposed operation is to be conducted and in which the affected area is located, or if the proposed 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 proposed operation is to be conducted, then such notice shall be published in like manner in a newspaper having a general circulation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county. The date of last publication shall be not less than three nor more than 10 days prior to the date set for hearing. [1953 c.654 s.8 ; 1975 c. 420 s.6] 558.100 Proof of publication. Proof of publication shall be filed by the applicant with the department at the time of the hearing. Proof of publication 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. [1953 c.654 s.9 ; 1975 c.420 s.7] 558.110 Record* and reports of operations ; public examination. (1) Each licen- see shall keep and maintain a record of all operations conducted by him pursuant to his license showing the method employed, the type of equipment, the type and 'composition of the materials used, the times and places of operation of the equip- ment, the name and post-office address of each person participating or assisting in the operation other than the licensee, the estimated precipitation for each licensed project, defining the gain or loss occurring from the operations, together with sup- porting data therefor, and such other information as may be required by the de- partment, and shall report the same to the department at such times as it may require. (2) The records of the department and the reports of all licensees shall be avail- able for public examination. [1953 c.654 s.10 ; 1975 c.420 s.8] 558.120 Emergency licenses. Notwithstanding any provision of ORS 558.010 to 558.140 and 558.990 to the contrary, the department may grant a license permit- ting a weather modification operation without compliance by the licensee with the provisions of ORS 558.055 and 558.080 to 558.100, if the operation appears to the •department to be necessary or desirable in aid of extinguishment of fires, dis- persal of fog. or other similar emergency. [1953 c.654 s. 11 ; 1975 c.430 s. 9] 558.130 [1953 c.654 s. 12 ; repealed by 1975 c.420 s.12] 558.135 Revocation, suspension, refusal to issue or renew license; procedure. CI) Where the department proposes to refuse to issue or renew a license, or pro- poses to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS 183.310 to 183.500. (2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS 183.310 to 1S3.500. [1975 c.420 B.11] 558.1 £0 Appropriation for administration and enforcement. All moneys received by the department under ORS 558.010 to 558.140 and 558.990. in addition to any other appropriation of funds available for the administration of ORS 558.010 to 658.1 10 ;iik1 558.990, hereby are continuously appropriated to the department for tbo purpose of defraying the costs and expenses incurred in the administration and enforcement of ORS 558.010 to 558.140 and 558.990. [1955 c.6 s.3] Weather Modification Districts (General Provisions) 558.200 'County court' defined. As used in ORS 558.200 to 558.440. 'county court' Includes board of county commissioners. [1969 c.698 s.l]

558.205 Initiative and referendum. In the exercise of initiative and referendum powers reserved under the Constitution of this state to the legal voters of every municipality and district as to all local, special and municipal legislation of every sort and character in and for their respective municipalities and districts, the general laws of the state as applied to cities and towns shall govern in these districts. The chairman of the commissioners shall act as mayor and perform his duties, the secretary shall perform the duties of auditor or recorder, the attorney shall perform the duties of city attorney, and if there is no attorney, the secretary shall perform the duties required of the attorney. [1969 c.698 s.35 ; 1975 c.647 s.47] (Incorporation) 558.210 Incorporation for weather modification ; limitations as to area. Any designated area within a county bordering the Columbia River and having a population of less than 21.000, according to the latest federal decennial census, or within two or more of such counties, may be incorporated as a weather niodifi- cati< »n district for the purpose of : (1) Causing or attempting to cause by artificial means condensation or precip- itation of rain, snow, hail, moisture or water in any form contained in the atmosphere ; or (2) Preventing or attempting to prevent by artificial means the natural con- densation or precipitation of rain. snow, hail, moisture or water in any form contained in the atmosphere. [1969 c.698 s.3] 55S.215[1969 c.698 s.4 ; repealed by 1971 c.727 s.203] 538.220 [1969 c. 698 s.17 ; repealed by 1971 c.727 s.203] 558.225 [1969 c.698 s.5 ; repealed by 1971 c.727 s.203] 558.230[1969 c.698 s.6a ; repealed by 1971 c.727 s.203] 558.235 Forest lands not benefited properly: not included in district except upon petition. Forest lands within a forest protection district as defined in ORS chapter 477, shall not be considered benefited property and shall not be included in a weather modification district unless the owner of the forest lands petitions* the county court having jurisdiction of the formation proceedings to have his lands included. [1969 c.698 s.6 ; 1971 c.727 s.173] 55S.240[1969 c.698 s.20 ; repealed by 1971 c.727 s.203] 558:245 Time for formation election. An election, if any is held, on formation shall be held at the same time as the next succeeding state-wide primary or general election. [1969 c.698 s.7 ; 1971 c.727 s.175] 558.250[1969 c.698 s.8 ; repealed by 1971 c.647 s.149] 558.255 Commissioners of first board; qualifications. At the election on forma- tion, commissioners to serve as the first board of the district shall be elected. Commissioners shall be owners of the land within the district but need not reside within the district. [1969 c.698 s.9 : 1971 c.647 s.125] 558.260 [1969 c.698 ss.10, 11, 12, 16 : repealed by 1971 c.647 s.149] '>S.265[1969 c.698 s.13 ; repealed by 1971 c.727 s.203] 558.270 Certificates of election for commissioners. The county court shall also canvass the votes for commissioners and cause the county clerk to issue certifi- cates of election to the number named in the petition for formation who received the highest number of votes. [1969 c.698 s.14] 558,275[1969 c.698 s.15 ; repealed by 1971 c.727 s.203] (Powers of District) 558.300 General powers of district. After the date of formation, a district shall make all contracts, hold and receive and dispose of real and personal property within and without its described boundaries and do all other acts and things which may be requisite, necessary or convenient in carrying out the objects of the district or exercising the powers conferred upon it as in ORS 558.200 to 558.440 set out and expressed, sue and be sued, plead and be impleaded in all actions and suits or other proceedings brought bv or against it. [1969 c.698 s.18; 1971 c.727 s.177] 558.310 Limitation on right to own or operate equipment. No weather modifi- cation district shall own or operate airplanes, chemicals or other equipment or appliances for weather modification activities, but must when conducting weather modification activities hire a person licensed under the provisions of ORS 558.010 to 558.140 and 588.990. [1969 c.698 s.60] 558.315 Regulations concerning district property. Any weather modification dis- trict may adopt and promulgate rules and regulations concerning the use of the property of the district. [1969 c.698 s.27]

596 558.320, Duty to carry liability insurance. A weather modification distrcit shall obtain not later than the 60th day after the date of the election forming such district and before beginning any weather modification activities liability insur- ance coverage of not less than $500,000 bodly injury and $500,000 property dam- age, to reimburse persons for damages arising from weather modification ac- tivities. [1960 c.69S s.61] 558.325 Cooperative agreements between districts. Weather modification dis- tricts organized under ORS 558.200 to 558.440 may enter into cooperative agree- ments or control of facilities for weather modification. [1969 c.698 s.28] 558.330[1969 c.698 s.40; repealed by 1971 c.727 s.203] 558.340 Tax assessment, levy and collection. (1) The district may assess, levy and collect taxes each year not to exceed one-fourth of one percent (.0025) of the true cash value of all taxable property within the limits of the district, computed in accordance with ORS 308.207. The proceeds the tax shall be applied by it in carrying out the objects and purposes of ORS 558.210 to 588.270, 558,300 and 558.345 and for the purpose of financing the employes' retirement system. (2) Any such taxes needed shall be levied in each year and returned to the county officer whose duty it is to extend the tax roll by the time required by law for city taxes to be levied and returned. (3) All taxes levied by the district shall become payable at the same time and be collected by the same officer who collects county taxes, and shall be turned over to the district according to law. The county officer whose duty it is to extend the county levy shall extend the levy of the district in the same manner as city taxes are extended. (4) Property shall be subject to sale for nonpayment of taxes levied by the district in like manner and with like effect as in the case of county and state taxes. [1969 c.698 s.26 ; 1971 c.727 s.178] 558.345 Disposal of taxes levied when organization declared invalid. When an attempt has been made to organize a district under the provisions of ORS 558.200 to :~5S.440 and subsequently by a decree of a court of competent jurisdiction it has been declared that the organization is invalid, but prior to such decree the invalid organization has levied taxes, the funds derived from the levy shall be disposed of as follows : (1) If the area embraced in the invalid organization is embraced in a subse- quently created organization composed of unincorporated or incorporated terri- tory, or combinations thereof, for the purpose of weather modification, the cus- todian of the taxes collected for the invalid organization shall turn them over to the subsequent organization to be used only for the purpose of weather modification. (2) If the subsequent organization does not embrace all territory embraced in the invalid organization, such taxes as have been collected from the levy upon property in areas not embraced in the subsequent organization shall be refunded to the payers thereof by the custodian of the taxes before the balance is turned over to the subsequent organization. (3) If no such subsequent organization is created for weather modification, within a period of two years after the entry of the decree of invalidation, the taxes collected shall be refunded by the custodian of them to the taxpayers who paid them. [1969 c.698 s.19] 558.850 Employes' retirement system authorized. (1) A weather modification district organized under ORS 558.200 to 558.440 may establish an employes' re- tirement system. The commissioners may enter into agreements necessary to establish the system and carry out the plan and may agree to modifications of such agreements from time to time. (2) The retirement plan may provide for retirement benefits measured on the basis of services rendered or to be rendered by an employe, either before or after the date on which such employe first becomes a member of the retirement plan. The retirement plan may provide for a minimum of years of service and a mini- mum and maximum age of retirement for the employe. [1969 c.OOX s.561 558.355 District to budget for retirement system. The district may budget and provide for payment info the fund of the retirement plan an amount sufficient: (3 ) To provide on an actuarial reserve basis the amortized level premium cost o'* Hie retirement benefits which, under the provision of the retirement system, arc to be provided by the district to its employes who attain the retirement age Or retire in accordance with the terms of the retirement plan. C2) To meet the actuarially computed costs of retirement benefits measured on the basis of services rendered or to be rendered by an employe before or after

597 the date on which such employe becomes a member of the retirement plan. [1969 c.698 s.57] 558.360 Employee contribution. The district may collect, as a contribution from any employe, that percentage of the salary received by the employe which is necessary to fund on an actuarial reserve basis the cost of retirement benefits which the employe is required to provide pursuant to the provisions of a retire- ment plan. [1969 c.698 s.58] 558.365 Limitation on membership. Nothing in ORS 558.200 to 558.440 author- izes the district to budget, provide for payments or collect contributions to fund retirement benefits for an individual who is not in the employment of the district at the time of the creation of a membership status under a retirement plan. [1969 c.698 s.59] (Board of Commissioners) 558400 Powers of district in board; qualifications, terms and election of com- missioners. (1) The power and authority given to districts organized under ORS 558.200 to 558.440 except as therein otherwise provided is vested in and shall be exercised by a board of commissioners of the number named in the petition for formation, but not more than five, each of whom shall be a qualified voter and freeholder within the district. Except as provided in subsection (2) of this section, directors shall serve for four-year terms. (2) Within 10 days after issuance of the formation order, the number of com- missioners named in the petition for formation who received the highest vote at the election for formation shall meet and organize, first taking and subscribing an oath of office to the effect that they will support the Constitutions of the United States and of this state and the laws thereof, and will discharge faithfully the duties of commissioner to the best of their ability. They shall determine by lot the length of term each shall hold office. If there is an odd number of com- missioners, a majority shall have a term expiring four years after the July 1 immediately following the election and a minority shall have a term expiring two years after the July 1 immediately following the election. If there is an even number of commissioners, the commissioners shall be divided into two equal groups as to terms. One group shall have a term expiring four years after the July 1 immediately following the election and the other group shall have a term expiring two years after the July 1 immediately following the election. (3) A general election shall be held in the district, on the date fixed by ORS 259.240, for the election of a commissioner to succeed a commissioner whose term expires the following July 1, and to elect commissioners to fill any vacancy which then may exist. At all elections the voters shall have the qualifications of electors of this state and shall have resided in the territory embraced in the district for at least 90 days preceding the election. [1969 c.698 s.29; 1971 c.727 s.179; 1973 c.796 s.71 : 1975 c.647 s.48] 558.405 [1969 c.698 s.33 ; repealed by 1971 c.23 s.12] 558.JflO Board meetings; officers; quorum; employing assistance; employe benefits. (1) The commissioners shall hold meetings at such time and place within the district as they may determine upon. Such meetings must be open to the public. They shall hold at least one regular meeting in each month on a day to be fixed by them, and may hold special meetings under such rules as they may make. (2) The commissioners shall, at the time of their organization, choose from their number a chairman, a secretary and a treasurer, who shall hold their offices until the first regular meeting in July, or until their successors are elected and qualified. These officers shall have, respectively, the powers and shall perform the duties usual in such cases and shall be known as the president, secretary and treasurer of the district. A majority shall constitute a quorum to do business and, in the absence of the chairman, any other member may preside at any meeting. (3) The commissioners may employ such engineers, superintendents, mechan- ics, clerks or other persons as they may find requisite, necessary or convenient in carrying on any work of the district and at such rate of remuneration as they may deem just. (4) The commissioners may provide life insurance and retirement or pension plans for employees of a weather modification district, provided the insurer issuing such policy is licensed to do business in the State of Oregon. [1969 c.698 s.31 : 1971 c.23 s.ll ; 1971 c.403 s.13 ; 1973 c.796 s.72] 558.415 Increasing number of commissioners. (1) If the numbers of commis- sioners in a particular district is less than five. then, upon receipt of petitions containing the names of not less than 25 electors in the district and requesting

598 1 that an election be held iu the district on the proposition of increasing the num- ber of commissioners to five and nominating a candidate or candidates for each additional position, each of whom shall be a qualified voter and freeholder within the district, the commissioners may, at their discretion, call a special election of the electors of the district to vote on the proposition and on the candidates. The election shall be held in accordance with ORS chapter 259, If the proposition is approved by a majority of the electors voting at such election, the number of commissioners named in the petitions requesting the election, who received the highest vote at the election, shall take office as of the next regular meeting of commissioners following the election, after first taking and subscrib- ing the oath of office. (2) If only one additional commissioner is so elected his first term shall be four years if immediately before the election there was an even number of commis- sioners or two years if immediately before the election there was an odd number of commissioners. If more than one additional commissioner is so elected, the newly elected commissioners shall at such meeting determine by lot the length of term each shall hold office in a manner so as to comply with subsection (2) of ORS 558.400. [1969 c.698 s.32 : 1973 c.796 s.73 : 1975 c.647 s.49] 558.420[1969 c.698 s.34 ; repealed by 1971 c.23 s.12] 558430 Deposit and withdrawal of moneys; annual reports; records. (1) All moneys of the district shall be deposited in one or more banks, to be designated by the commissioners and shall be withdrawn or paid out only when previously ; ordered by vote of the commissioners, and upon checks signed by the treasurer and countersigned by the chairman, or in his absence or inability to act, by the secretary. A receipt or voucher, showing clearly the nature and items covered by each check drawn, shall be kept on file. (2) Annual reports shall be made and filed by the chairman, secretary and treasurer, and at least once in each year a full and complete itemized statement of receipts and expenditures shall be published in a newspaper of general circu- lation, published in the county in which the district is situate. (3) All the proceedings of the commissioners shall be entered at large in a record book. All books, maps, plans, documents, correspondence, vouchers, re- ports and other papers and records pertaining to the business of the district shall be carefully preserved and shall be open to inspection as public records in the office of the county clerk of the county in which the greater part of the district is located. [1969 c.698 s.36] 558440 Calling special elections. The commissioners at any regular meeting of the board of commissioners may call a special election of the electors of the district. Such an election must be held at the same time as the next succeeding state-wide primary or general election. [1969 c.698 s.30 ; 1971 c.647 s.128] 558.445 [1969 c.698 s.2 ; repealed by 1971 c.647 s.149] 558.500 [1969 c.698 s.37 ; repealed by 1971 c.727 s.203] 558.510 [1969 c.698 s. 38 repealed by 1971 c.727 s.203] ; 558.520 [1969 c.698 s.39 ; repealed by 1971 c.727 s.203] 558.550[1969 c.698 s.48 : repealed by 1971 c.727 s.2031 558.555 [1969 c.698 s.49 repealed bv 1971 c.727 s.203 ; 558.560[1969 c.698 s.50 ; repealed by 1971 c.727 s.203] 558.565 [1969 c.698 s.51 : repealed by 1971 c727 s.203] 558. 570 [1969 c.698 s.52 ; repealed by 1971 c.727 s.203] 558.575[1969 c.698 S.53 ; repealed bv 1971 c.647 s.149] 558.580 [1969 c.698 s.54 ; repealed by 1971 c.727 s.203] 558.585[1969 c.698 S.55 ; repealed bv 1971 c.727 s.203] 558.600[1969 c.698 s.41 ; repealed bv 1971 c.727 s.203] 558.610[1969 c.698 s.42 : repealed bv 11)71 c.727 s.203] 558.620[1969 c. 698 s.43 ; repealed bv 1971 c.727 s.203] 558.630[1969 C.698 s.44 : repealed by 1971 c.727 s.2031 558.6501 1969 c.698 s.45 ; repealed by 1971 c.727 s.203] 55S.(>00[ 19(19 c.698 s.46 : repealed by 1971 c.727 s.191] 558.670[1969 c.698 s.47 ; repealed by 1971 c.27 s.203] Penalties 558.990 Penalties. Any person who violates any provision of ORS 558.010 to 558.140 and 558.990 shall be guilty of a misdemeanor. [1953 c.654 s.14]

— 599 ; General Provisions 450.010 Establishing master plans and service districts. (1) Master plans and service districts may be established as provided by this chapter regarding: (a) Sewage works, including all facilities necessary for collecting, pump- ing, treating and disposing of sanitary or storm sewage. (b) Drainage works, including all facilities necessary for collecting,, pumping and disposing of storm and surface water. (c) Street lighting works, including all facilities necessary for the light- ing of streets and highways. (d) Public parks and recreation facilities, including land, structures, equip- ment, supplies, and personnel necessary to acquire, develop, and maintain such public park and recreation facilities and to administer a program in supervised recreation services. (e) Diking and flood control works, including all facilities necessary for diking and control of water courses. (f ) Water supply works, including all facilities necessary for tapping nat- ural sources of domestic and industrial water, treating and protecting the quality of the water and transmitting it to the point of sale to any city, domestic water supply corporation or other public or private agency for ulti- mate distribution by the city, corporation or agency to water users. (g) Solid waste disposal. This paragraph does not apply in Clackamas, Multnomah and Washington Counties. (h) Public transportation, including public depots, public parking and the motor vehicles and other equipment necessary for the transportation of persons together with their personal property. (i) Agricultural educational extension services. (2) Within the geographical jurisdiction of any local government boundary commission established by or pursuant to ORS 199.410 to 199.512, master plans and service districts may be established as provided by this chapter regarding; (a) Fire prevention and protection- CD) Enhanced law enforcement services provided by contract with the sheriff of the county. (c) Domestic, municipal and industrial water supply service. (d) Hospital and ambulance services. (e) Library services. (f ) Vector control. (g) Cemetery maintenance. (h) Roads. (i) Weather modification. [1963 c.515 s.2 ; 1965 c.246 s.l : 1967 c.538 s.l 1971 c.674 s.l ; 1971 c.687 s.l ; 1973 c.211 s.l ; 1973 c.785 s.l ; 1975 c.630 s.l] 451420 District may construct and operate service facilities. When author- ized as provided in ORS 451.410 to 451.600 a district may construct, maintain and operate any or all of the service facilities specified in ORS 451.010. [1955 c.685 s.2 ; 1963 c.515 s.8 ; 1973 c.785 s.6] Pennsylvania Pa. Stat. Ann. Tit. 3, Sec. 1101-1118 Chapter 16 Weather Modification [New] Sec. 1101. Declaration of policy. 1102. Definitions. 1103. Weather Modification Board. 1104. Administration by department. 1105. When license registration required. 1106. Application for license. 1107. Reeistration of equipment. 1108. Publication. 1109. Emergencies ; publication. 1110. Records. 1111. Research projects ; safety. 1112. Enforcement. 1113. License suspensions, revocations. 1114. Damage compensation. 1115. Acts not authorized. 1116. Penalties. 1117. Repeal. 1118. Effective date.

— GOO : § 1101. 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. 1968, Jan. 19, P.L. (1967) 1024, § 1. %1102. Definitions As used in this act (1) 'Board' means the Weather Modification Board. (2) 'Department' means the Department of Agriculture. (3) '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. (-1) 'Person' means any individual, firm, association, organization, partner- ship, company, corporation, private or public, political subdivision, or other public agency. (5) '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. (6) 'Weather modification and control' meaus 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. 1968, Jan. 19, P.L. (1967) 1024, § 2. Library references : Agriculture C^>1. C.J.S. Agriculture § 1 et seq. § 1103. Weather Modification Board 1 (a) There is hereby created within the department a Weather Modification Board. Such advisory board shall be composed of seven members who shall be (1) The Secretary of Agriculture. (2) The Secretary of Commerce. (3) The Secretary of Health. (4) The Dean of the College of Earth Sciences at the Pennsylvania State University. (5) Three members to be appointed by the Governor with the advice and consent of the Senate. (b) Terms of all appointed members shall be for four years. Appointed members shall receive the sum of thirty dollars ($30) per day for each day or part thereof devoted to the committee's activities. 1968, Jan. 18, P.L. (1967) 1024, § 1 et seq. § 110'/. Administration by department The department shall administer this act and in so doing shall ask for and con- sider the recommendations of the board herein created which shall advise on all the matters regulated by this act. 1968, Jan. 19, P.L. (1967) 1024, §4. Library references : Agriculture C=>1. C.J.S. Agriculture § 1 et seq. § 1105. When license registration required (a) No person, without first securing a license from the department, shall cause or attempt to cause condensation or precipitation oc rain, snow, moisture, or water in any form contained in the atmosphere. (bj No person without registering with the board shall have in his possession any cloud seeding equipment unless he is an employe of or under contract with a person conducting a weather modification and control operation who has been ;'». granted a license by the board. 1908, Jan. 19, P.L. (1967) 1024, § Library references: Licenses C=>11(1). C.J.S. Licenses §26 et seq. P.L.E. Licenses § 8. » Enrolled bill roads 'Advisory Committee on Cloud Seeding'.

: 601 § HOG. Application for license 1 (a) Any person desiring to do any of the acts specified in section 5 may file witli the board an application in writing for a license. Each application shall be accompanied by a filing fee fixed by the board but not to exceed one hundred dollars ($100), and shall be on a form to be supplied for such purpose by the board. (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, experience, and qualifications of the persons who will be in control of and charged with the operations of the applicant. Previous experience includes sub-contracting 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 employes, who are residents of Pennsylvania, and/or who will be directly employed in the intended operation. (5) A bond or insurance covering any damage the licensee may cause through his operations in an amount of fifty thousand dollars ($50,000) or other evidence of financial responsibility shall be furnished and executed • at the time of the grant of the license. (6) Every applicant shall have a resident agent within the Commonwealth. (c) Upon the filing of the application upon a form supplied by the board and containing the information prescribed by this act and accompanied by the required filing fee and bond or insurance, the board may issue a license to the applicant entitling the applicant to conduct the operations described in the application for the calendar year for which the license is issued, unless the license is sooner revoked or suspended or modified. (d) A license may be renewed annually upon application to the board, accompanied by a renewal fee fixed by the board but not to exceed one hundred dollars ($100) on or before the last day of January of the calendar year for which , the license is renewed. 196S, Jan. 19, P.L. (1967) 1024, § 6. Library references : Licenses Q^>22. C.J.S. Licenses §§ 34, 38, 39. P.L.E. Licenses §16. § 1107. Registration of equipment Every person not desiring a license who owns or possesses cloud seeding equip- ment shall promptly register the same with the board on a form furnished by it. 1968. Jan. 19, P.L. (1967) 1024, § 7. Library references : Licenses <&z>24. C.J.S. Licenses § 41. P.L.E. Licenses § 16. § 1108. PuUication (a) Prior to undertaking any operation authorized by the license, the licensee shall file with the department 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. (c) The licensee shall cause the notice of intention to be published once a week for three successive weeks in a newspaper having a general circulation and pub- lished within any county wherein the operation is to be conducted and in which the affected area is located, or, if the operation is to be conducted in more than one -com: tv 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 cir- culation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county. 1 Section 1105 of this title.

602 (d) Proof of publication shall be filed by the licensee with the department within fifteen days from the date of the last publication of the notice. Proof of publication shall be by copy of the notice as published atached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice. 1968, Jan. 19, P.L. (1967) 1024, § 8. Library references : Licenses 0=^22. C.J.S. Licenses §§ 34, 38, 39. P.L.E. Licenses § 16. §1109. Emergencies; publication (a) Notwithstanding any provision of this act to the contrary, the board may grant a licensee permission to undertake an emergency nucleation project, with- 1 out prior compliance by the licensee with the provisions of section 8(a), if the same appears to the department to be necessary or desirable in aid of extinguish- ment of tires. (b) Notwithstanding any provision of this act to the contrary, upon request of the county commissioners, of a county or of the governing body of a city, borough, town or tow nships, and upon the submission of such supporting evidence as the board may require, the board may grant a licensee permission to undertake a nucleation project for the purpose of alleviating a drought emergency, without prior compliance by the licensee with the provisions of section 8(a) requiring publication of notice of intention, if such project appears to the department to Jbe necessary or desirable. (o Nothing contained in this section shall be construed as to relieve the li- censee in the cases set forth in subsection (a) or (b) of this section from com- pliance with the provisions of section 8 requiring publication of notice of inten- tion and riling of proof of such publication, as soon after the granting of permis- sion by the board as is practicable. In lieu thereof the licensee may furnish equiv- alent transmission of notice of intention by radio or television, and prof thereof, as soon after the granting of permission by the board as is practicable. 1968, Jan. 19. P.L. (1967) 1024, §9. Library references : Licenses <3=^22. C.J.S. Licenses §§ 34, 38, 39. P.L.E. Licenses |16. $1110. Accords (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 names 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 board, and shall report the same to the board 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, defin- ing the gain or loss occurring from nucleation activities, together with supporting data therefor. This statement, together with such other pertinent information as tbe board may require, shall be sent to the board upon completion and be avail- able to inspection by the board at all times on the licensee's premises. (ci The board shall require written reports concerning each operation con- ducted by a licensee under this act. i d ) All information on an operation shall be submitted to the board before any information on such operation may be released to the public. (e) The reports and records in the custody of the board shall be open for public examination as public documents. 1968, Jan. 19, P.L. (1967) 1024, §10. Library references: Licenses C^> 36. C.J.S. Licenses §42. P.L.E. Licenses §36. § ////. Research projects: safety (ii) Research work within the province of this statute shall be permitted only when authorized by the board. (In Government and armed forces projects within the province of this statute must meet all the requirements of this act. (c) No nucleating agent may be used in concentrations dangerous to man or causes environmental pollution as determined bv the State Department of Health. L968, Jan. 1!>. P.L. (1967) 1024, §11. Library references: Agriculture Ol. C.J.S. Agriculture § 1 et seq. § It 12. Enforcement In order to enforce the provisions of this act, the Pennsylvania State Police i Section 1108 of tliis title.

. 603 shall, on request of the board, assign at least one trooper and one investigator to an area where unlawful cloud seeding is suspected. If such police request the same, the Pennsylvania Aeronautics Commission shall assign an airplane and pilot. Air samples shall be taken by the Pennsylvania Air Pollution Commission if requested by the State Police or the board. For such enforcement purposes, the State Department of Health shall furnish such technical services as the board may request. 1968, Jan. 19, P.L. (1967) 1024, § 12. § 111S. License suspensions, revocations Any license may be revoked, suspended or modified if the board finds, after due notice to the licensee and a hearing thereon, that the licensee has failed or re- fused to comply with any of the provisions of this act. The proceedings herein referred to shall be conducted in accordance with the provisions of the act of June 4, 1945 (P.L. 1388). known as the 'Administrative Agency Law,' 1 and the board shall have all the powers granted therein. 1968, Jan. 19, P.L. (1967) 1024, §13. Library references: Licenses 3S. C.J.S. Licenses §§43, 44. P.L.E. Licenses §26. § 1114. Damage compensation Any licensee who causes a drought as determined by the board shall compen- sate farmers for damages. Any licensee who by causing heavy downpours or storms which cause damage to lands as determined by the board shall com- pensate farmers and property owners for such damages. 1968, Jan. 19, P.L. (1967) 1024, § 14. Library references : Agriculture C=> 1. C.J.S. Agriculture § 1 et seq. § 1115. Acts not authorized (a) Nothing contained in this act shall authorize any person to carry out a cloud seeding operation from Pennsylvania to seed in another state where such cloud seeding is prohibited. (b) Nothing contained in this act shall be construed to authorize the suppres- sion of lightning. 1968. Jan. 19. P.L. (1967 | . 1024, § 15. Library references : Agriculture C=> 1. C.J.S. Agriculture § 1 et seq. § 1116. Penalties .(a) Any airplane pilot who flies an airplane with numbers invisible to escape identification under this act shall be guilty of a misdemeanor and upon convic- tion thereof, have his license revoked for a period of five years. (b) Any airport owner or operator who 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 ten thousand dollars ($10,000) and for a second or subsequent offense, he shall be sentenced to pay a fine of fiftv thousand dollars ($50,000). (c) Any person knowingly having in his possession without registering the same with the department any cloud seeding equipment shall, on conviction thereof, be sentenced to pay a fine of ten thousand dollars ($10.000) (d) Any person who makes any false statement to secure a license under this act shall. 011 conviction thereof, have his license revoked permanently. ie> Any person who violates any other provision of this act is guilty of a misdemeanor and shall, upon conviction thereof, be sentenced to pay a fine not exceeding one thousand dollars ($1,000) or undergo imprisonment for not exceeding one year, or both. 1968. Jan. 19. P.L. (1967) 1024. § 16. Library references: Aviation 123. C.J.S. Aerial Navigation §§ 11, 16. P.L.E. Aeronautics § 1. § 1117. Repeal The act of November 9. 1965 (P.L. 677), entitled 'An act prohibiting certain weather modification activities whenever the county commissioners shall adopt a resolution stating that such action is detrimental to the welfare of the county, and providing penalties.' is repealed.' 1968, Jan. 19, P.L. (1967) 1024, §17. Library references: Agriculture <D=> 1. C.J.S. Agriculture § 1 et seq. § 1118. Effective date This act shall take effect immediately. 1968, Jan. 19, P.L. (1967) 1024, § 18. 1 71 P.S. § 1710.1 et seq. 3 18 P.S. §§ 3S71 to 3874.

— 604 —— South Dakota S.D. Compiled Laws Ann. Sees. 38-9-1-38-9-22; 1-40-8; 10-12-18 1-^0-8. Administrative functions performed for weather modification com- mission.—Except as provided by §38-9-4.1, the department of natural resource development shall, under the direction and control of the secretary of natural resource development, perform all administrative functions except special budgetary functions (as defined in §1-32-1) of the weather modification commission. Chapter 3S-9 Weather Modification Activities Sec. 3&-9-I. Definition of terms. 38-9-3. Policy and purpose of regulation. 38-9-4. Weather modification commission established—Composition. 3S-9-4.1. Direction and supervision by department of natural resource development Independent functions retained by commission. 38-9-5. Areas from which members of commission appointed. 38-9-6. Repealed. 3S-9-9. Operations and research activities. 38-9-10.1. Utilization of technical resources of schools. 38-9-11.1. Co-operation with counties—County participation. 38-9-12. License and permit required to engage in Aveather modification—Violation of terms unlawful. 38-9-12.1. Exemption of experimental and emergency activities. 38-9-13. Repealed. 38-9-14. Issuance of license to competent applicant—Competence of organization Application fee. 3S-9-15. Fee required on issuance or renewal of license—Disposition. 38-9-10, 38-9-17. Repealed. 38-9—18. Expiration of licenses. 38-9-1S.1. Issuance of renewal license. 38-9-1S.2. Permits issued to licensees—Fee—Publication of notice of intention—Finan- cial responsibility. 3S-9-18.3. Means of proving financial responsibility. 38-9-18.4. Permit fee—Disposition. 38-9-18.5. Permit required for each operation—Maximum duration of permit. 38-9-19. Suspension, revocation, refusal or refusal to renew license or permit. 38—9—19.1. Modification of permit-—Notice and hearing. 38-9-21. Unlicensed weather modification activity as misdemeanor—Penalty. 3S-9-22. Administration by department—Powers retained by commission. 38-9-23. Repealed. 3S-9-1. Definition of terms.—As used in this chapter : (1) The term 'weather modification' means performing any activity with the int 'nt ion of producing artifical changes in the composition, behavior, or dynamics . of the atmosphere. (2) and (3) * * * [Same as parent volume.] (4) The term 'operation' means the performance of weather modification 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 yea»\ 38-9-3. Policy and purpose of regulations.—It is hereby declared that weather modification techniques for precipitation management should be used to aug- ment precipitation and decrease hailfall damage in South Dakota. The applica- tion of weather modification techniques shall be carried out under proper safe- guards to supply sufficient data and accurate information in order to provide a net economic benefit and enhance knowledge concerning weather modification and to protect life, property and the public interest. 38-9-J/. Weather modification commission established— Composition.—There is hereby established a weather modification commission, hereinafter called the commission composed of seven representatives, one from each area designated by § 38-9-5, to be appointed biennially by the Governor on July first and provided further, no more than four shall be from any one political party. 38-9'/. J. Direction and supervision by department of natural resource de- velopment— Independent functions retained by commission.—The weather modi- fication commission shall be administered under the direction and supervision of the department of natural resource development and the secretary thereof, but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministra- tive and special budgetary functions (as defined in §1-32-1) otherwise vested in it and shall exercise tbosp functions independently of the secretary of natural resource development. The commission shall also retain the function pf setting the te rms of and approving the contracts with otber units of government for the sharing of the costs of weather modification operations.

: 605 88-9-5. Areas from, which members of commission appointed.—Representa- tives of the commission shall be appointed from areas containing the following counties Area I—Bennett, Custer, Fall River, Haakon, Jackson, Pennington, Shannon and Washabaugh; Area II—Butte, Harding, Lawrence, Meade and Perkins; .Area III—Campbell, Corson, Dewey, Hughes, Potter, Stanley, Sully, Walworth and Ziebach ; Area IV—Aurora, Brule, Buffalo, Charles Mix, Davison, Douglas, Gregory, Jerauld, Jones, Lyman, Mellette, Sanborn, Todd and Tripp; Area V^- Bon Homme, Clay, Hanson, Hutchinson, Lake, Lincoln, MeCook, Miner, Minne- haha, Moody, Turner, Union and Yankton ; Area VI—Beadle, Brown, Edmunds, Faulk, Hand, Hyde, McPherson and Spink ; Area VII—Brookings, Clark, Cod- ington, Day. Deuel, Grant, Hamlin, Kingsbury, Marshall and Roberts. 38-9-9. Operations and research activities.—The commission shall carry on operations and research on a state-wide basis, by its own staff, or by contract with approved cloud seeding organizations or in co-operation with other agencies as provided by law. 38-9-10.1. Utilization of technical resources of schools.— Pa carrying out the purposes of this chapter, the commission shall utilize to the extent possible the facilities and technical resources of the public and private educational institu- tions of the state. 38-9-11.1. Co-operation with counties— County participation.—The commis- sion may, at its discretion, co-operate wuth county programs of weather modifi- cation in carrying out the purposes of this chapter, and in addition to the powers of counties specified in § 10-18, counties may contribute to and participate in any weather modification program carried out by the state. 38-9-12. License and permit required to engage in weather modification— Violation of terms unlawful.—It shall be unlawful for any person to engage in activities for weather modification without a weather modification license and a weather modification permit issued by the commission or in violation of any term or condition of the license or the permit except as the commission shall provide by regulation under § 38-9-12.1. 38-9-12.1 Exemption of experimental and emergency activities.—The com- mission, to the extent it considers exemptions practical, shall provide for ex- empting laboratory research and experiments and activities of an emergency nature against fire, frost, sleet or fog from the license and permit requirements of this chapter. Source: SL 1973, ch 254, § 10. See Tex Vernon's Civ Code, Art 8280-12, § 8 (2), (3). 38-9-13. Repealed by SL 1973, ch 254, § 21. 38-9-14- Issuance of license to competent applicant— Competence of organi- zation—Application fee.—The commission, in accordance with its regulations, shall issue a weather modification license to each applicant who pays the license fee and who demonstrates, to the satisfaction of the commission, competence in the field of meteorology which is reasonably necessary to engage in w eather T modification activities. If the applicant is an organization, the competence must be demonstrated by the individual or individuals who are to be in control and in charge of the operation for the applicant. Each application shall be accom- panied by a fee of twenty-five dollars. 38-9-15. Fee required on issuance or renewal of license— Disposition.—Any person issued an original license or a renewal license under this chapter shall pay a fee of one hundred dollars. The money collected from such fees shall be depos- ited with the state treasurer in the state general fund. 38-9-16, 38-9-17. Repealed by SL 1973, ch 254, § 21. 38-9-18. Expiration of licenses.—Each original license or renewal license issued under this chapter shall expire on December thirty-first of the year for which it was issued. 38-9-18.1. Issuance of renewal license.—At the expiration of the license period, the commission shall issue a renewal license to each applicant who pays the license fee and who has the qualifications necessary for issuance of an original license. Source SL 1973, ch 254, § 14. : 38-9-18.2. Permits issued to licensees— Fee— Publication of notice of inten- tion— Financial responsibility.—The commission, in accordance with its regula- tions, shall issue a weather modification permit to each applicant who holds a valid weather modification license, pays the permit fee, publishes such notice of intention as the commission shall require by regulation and submits proof of publication, and furnishes proof of financial responsibility. Source SL 1973, ch 254, § 15. : 34-857—79 41

606 38-9-18.3. Means of proving financial responsibility.—Proof of financial re- sponsibility is made by showing, to the satisfaction of the commission, that the licensee has the ability to respond in damages for liability which might reason- ably result from the operation for which the permit is sought. Source : SL 1973. ch 254, § IS. See Tex Vernon's Civ Code, Art 8280-12, § 14. 38-9-184. Permit fee— Disposition—Any person issued a permit under this chapter shall pay a fee of one hundred dollars. The money collected from such fees shall be deposited with the state treasurer in the state general fund. Source SL 1973, ch 254, § 16. : 38-9-18.5. Permit required for each operation— Maximum duration of per- mit.—A separate permit is required for each operation. The commission shall not issue a permit for operations in an area for a period to exceed one year. Source SL 1973, ch 254, § 17. : SS-9-19. Suspension, revocation, refusal or refusal to renew license or per- mit.—The commission may suspend or revoke a license or permit if it appears that the licensee no longer has the qualifications necessary for the issuance of an original license or permit or has violated any provision of this chapter. The commission 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. 38-9-19.1. Modification of permit— Xotiee and hearing.—The commission may modify the terms and conditions of a permit if the licensee is first given notice and reasonable opportunity for a hearing on the need for a modification and it appears to the commission that a modification is necessary to protect the health or property of any person. Source SL 1973, ch 254, § 19. See Tex Vernon's Civ Code, Art 8280-12. § 17(2). : 38-9-21. Unlicensed weather modification activity as misdemeanor— Penalty.—Any person or persons engaging in any type of weather modification activities without a valid license and permit shall be guilty of a misdemeanor, and subject to a fine not to exceed one thousand dollars or by imprisonment in the county jail for a period not to exceed thirty days, for each such offense. 38-9-22. Administration by department— Powers retained by commission.— The department of natural resource development shall administer and enforce the provisions of this chapter, provided, however, that the commission shall retain the authority and policy powers reserved to it by § 38-9—1.1. 10-12-18. County weather-modification levy authorized— Maximum rate— Contractors to be licensed.—The board of county commissioners of each county may levy and collect annually a tax of not to exceed one mill upon assessed valuation of the property in said county, for a 'weather-modification'' fund, which levy shall lie exclusive of the maximum levy provided by law. The board of county commissioners of counties which have sixteen million dollars or less in assessed valuation of property in that county may levy and collect annually a tax of not to exceed two mills on the assessed valuation of the property in that county, which levy shall be exclusive of the maximum levy provided by law. Such fund shall be used only for the gathering of information upon, aiding in or conducting any program for weather modification, as defined by law. within said county, or in conjunction with any other county or counties. The provisions of chapter 7-21, relating to county budgeting shall not apply to appropriations made under the provisions of this section. Provided, however, that for only the initial or first appropriation of said 'weather-modification'' activities as afore- mentioned, said county commissioners may, at their discretion, appropriate from moneys not otherwise appropriated in the general fund, such moneys as are necessary for carrying out the provisions of this section, provided that said ap- propriation shall not exceed an amount equal to one mill levy upon the assessed valuation of the property in said county. The board of county commissioners shall enter into no contract or agreement for any such purpose except with one who has been duly licensed under the provisions of chapter 38-9. except for the purpose of gathering information they may enter into a contract or agreement with a state agency not licensed. Texas Texas Water Code Tit. 2 Sees. 14.001-14.112; Texas Civil Code tit. 120A, Sec. 6889-7(16) Weather Modification Sec. If). 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

; : 607 that precipitation that may result from weather modification operations, either by itself or in conjunction with other precipitation or climatic conditions or activity, would create or contribute to the severity of a disaster, it shall request in the name of the governor that the officer or agency empowered to issue per- mits for weather modification operations suspend the issuance of the permits. On the governor's request, no permits may be issued until the division informs the officer or agency that the danger has passed. Chapter 14. Weather Modification Subchapter A. General Provisions Sec. 14.001. Short Title. 14.002. Definitions. [Sections 14.003 to 14.010 reserved for expansion] Subchapter B. Powers and Duties of Board 14.011. Regulations—In General. 14.012. Regulations—Licenses and Permits. 14.013. Regulations—Safety. 14.014. Studies ; Investigations ; Hearings. 14.015. Advisory Committees. 14.016. Personnel. 14.017. Materials and Equipment. 14.01S. Interstate Compacts. 14.019. Contracts, Cooperative Agreements. Etc. 14.020. Promotion of Research and Development. 14.021. Grants. Gifts, Etc. 14.022. Disposition of License and Permit Fees. 14.023. Oaths of Witnesses ; Subpoenas. [Sections 14.024 to 14.040 reserved for expansion] Subchapter C. Licenses and Permits 14.041. License and Permit Required. 14.042. Exemptions. 14.043. Issuance of License. 14.044. License Fee. 14.043. Expiration Date. 14.046. Renewal License. [Sections 14.047 to 14.060 reserved for expansion] 14.061. Issuance of Permit. 14.062. Permit Fee. 14.063. Scope of Permit. 14.064. Application and Notice of Intention. 14.065. Content of Notice. 14.066. Publication of Notice. 14.067. Proof of Publication : Affidavit. 14.068. Proof of Financial Responsibility. 14.069. Modification of Permit. 14.070. Scope of Activity. 14.071. Records and Reports. [Sections 14.072 to 14.090 reserved for expansion] Subchapter D. Sanctions 1091. Suspension ; Revocation ; Refusal to Renew. 1092. Hearing Required. 1093. Record of Hearing. [Sections 14.094 to 14.100 reserved for expansion] 1101. Immunity of State. 1102. Private Legal Relationships. [Sections 14.103 to 14.110 reserved for expansion] 1111. Penalty 1112. Enforcement by Board. Subchapter A. General Provisions Section U.001. Short Title This chapter may be cited as the Weather Modification Act. | Uf.002. Definitions As used in this chapter, unless the context requires a different definition (1) 'board' means the Texas Water Development Board ; (2) 'weather modification and control' means changing or controlling, or attempting to change or control, by artificial methods, the natural devel- opment of atmospheric cloud forms or precipitation forms which occur in the troposphere (3) 'operation' means the performance of weather modification and .control activities entered into for the purpose of producing, or attempting

: 608 to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding four years : and (4) 'research and development' means theoretical analysis, exploration, 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. Amended by Acts 1975, 64th Leg., p. 1394, ch. 538, § 1, eff. Sept. 1, 1975. 1975 Amendment. In subd. (3), substituted 'four years' for 'one year'. Subchapter B. Powers and Duties of Board § H.QH. Regulations— In General The board may make regulations necessary to the exercise of its powers and the performance of its duties under this chapter. § 14-012. Regulations— Licenses and Permits In order to effectuate the purposes of this chapter, the board may make regu- lations establishing procedures and conditions for the issuance of licenses and permits. § 14.013. Regulations—Safety The board may, by regulation or order, establish any standards and instruc- tions to govern the carrying out of research or projects in weather modification and control that the board considers necessary or desirable to minimize danger to health or property. § 14-014- Studies; Investigations; Hearings The board may make any studies or investigations, obtain any information, and hold any hearings the board considers necessary or proper to assist it in exercising its power or administering or enforcing this chapter or any regulations or orders issued under this chapter. § 14-015. Advisory Committees The board may establish advisory committees to advise the board and to make recommendations to the board concerning legislation, policies, administration, research, and other matters. § I4.OI6. Personnel The board may, as provided by the general appropriations act, point and fix the compensation of any personnel, including specialists and consultants, neces- sary to perform its duties and functions under this chapter. § 14.017. Materials and Equipment The board may acquire, in the manner provided by law, any materials, equip- ment, and facilities necessary to perform its duties and functions under this chapter. § 1^.018. Interstate Compacts The board may represent the state in matters pertaining to plan procedure*, or negotiations for interstate compacts relating to weather modification and control. § 14-019. Contracts, Cooperative Agreements, Etc. (a) The board may cooperate with public or private agencies to promote the purposes of this chapter. (b) The board may enter into cooperative agreements with the United States or any of its agencies, or with counties and cities of tbis state, or with any pri- vate or public agencies, for conducting weather modification or cloud-seeding operations. (c) The board may represent the state, counties, cities, and public and private agencies in contracting with private concerns for the performance of weather modification or cloud-seeding operations. § V h 020. Promotion of Research and Development (a) In order to assist in expanding the theoretical and practcial knowledge 01' weal her modification and control, the board shall provide continuous research and development in

; : ; 609 (1) the theory and development of methods of weather modification and control, including processes, materials, and devices related to these methods (2) the utilization of weather modification and control for agricultural, industrial, commercial, and other purposes and ; (3) the protection of life and property during research and operational activities. (b) The board may conduct and may contract for research and development activities relating to the purposes of this section. § 11021. Grants, Gifts, Etc. Subject to any limitations imposed by law, the board may accept federal grants, private gifts, and donations from any other source. Unless the use of the money is restricted or subject to any limitations provided by law, the board may spend it for the administration of this chapter or may, by grant, contract, or cooperative arrangement, use the money to encourage research and develop- ment by a public or private agency. § 14.022. Disposition of License and Permit Fees The board shall deposit all license and permit fees in the state treasury. § l.'f.023. Oaths of Witnesses; Subpoenas (a) In conducting any hearing, the board or a representative designated by it may administer oaths and examine witnesses. (b) The board or a representative designated by it may issue subpoenas to compel the attendance of witnesses and the production of books, records, docu- ments, and instruments. Subchapter C. Licenses and Permits § lJf.0 t l. License and Permit Required ' Except as provided by regulation of the board under Section 14.042 of this code, no person may engage in activities for weather modification and control (1) without a weather modification license and a weather modification permit issued by the board ; or (2) in violation of any term or condition of the license or the permit. § 14.042. Exemptions The board, to the extent it considers exemptions practical, shall provide by regulation for exempting the following activities from the license and permit requirements of this chapter : (1) research, development, and experiments conducted by state and federal agencies, institutions of higher learning, and bona fide nonprofit research organizations (2) laboratory research and experiments ; (3) activities of an emergent nature for protection against fire, frost, isleet ,or fog and ; (4) activities normally conducted for purposes other than inducing, in- creasing, decreasing, or preventing precipitation or hail. § 14.04s. Issuance of License (a) The board, in accordance with its regulations, shall issue a weather modi- fication license to each applicant who : (1) pays the license fee and ; (2) demonstrates, to the satisfaction of the board, competence in the field of meteorology which is reasonably necessary to engage in weather modifi- cation and control activities. (b) If the applicant is an organization, the competence must be demonstrated by the individual or individuals who are to be in control and in charge of the operation for the applicant. § 14.044. License Fee The fee for an original or renewal license is $50. § 14.045. Expiration Date Each original or renewal license expires at the end of the state fiscal year for which it was issued.

; ; ; ; : ; 610 § 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 § 14-069. Modification of Permit 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. § 14.102. Private Legal Relationships (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 (a) A.person who violates any provision of this chapter or any valid regulation 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 Utah Code Ann. §§ 73-15-3-73-15-8 Chapter 15 Modification of Weather Sec. — 73—15-3. Cloud seeding to increase precipitation—Control of division of water rosources Powers and authority of division 'Cloud seeding' and •'cloud-seeding proj- 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 natural precipitation water supplies have been heretofore, and all statutory pro- 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. 43.37.010 Definitions. 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 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, 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 hearings as the department may deem necessary or proper to assist it in exercis- 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 - Utilization of weather modification and control for agricultural, indus- i 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- tation or hall. [Amended by Laws 1973 ch § 7, effective July 1, 1973.] 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-