Weather modification: programs, problems, policy, and potential

: . . ; 667 (2) The monthly totals of hours of modification activity, the amount of modification agent used, and the number of days on which weather modifica- tion activities were conducted, segregated by each of the major purposes of the activities, shall be shown on the daily log sheet for the last day of each month. (b) When the activity involves ground-based weather modification apparatus, records of the following shall also be maintained, when applicable, but need not be made part of the daily log (1) The location of each item of weather modification apparatus in use and its identification such as type and manufacturer's model number. If the apparatus is not commercially available, a brief description of the apparatus and the method of operation should be recorded. (2) The name and address of the person responsible for operating each weather modification apparatus. (3) The altitude and type of weather phenomenon subjected to weather modification activity during each operational period (e.g., cumulus clouds between 10,000 and 30,000 feet m.s.l. ground fog) ; (c) When the activity involves airborne weather modification apparatus, rec- ords of the following shall also be maintained, when applicable, but need not be made a part of the daily log : For each airborne weather modification apparatus run : altitude, air speed ; release points of modification agents, method of modifi- cation and characteristics of flares, rockets, or other delivery systems employed temperature at release altitude ; and, for aircraft : the type of aircraft, its identi- fication number, the airport or airports used, and the names and addresses of crew members and the person responsible for operating the weather modification ap- paratus and the altitude and type of weather phenomenon subjected to weather ; modification activity during each operational period (e.g., cumulus clouds between 10,000 and 30,000 feet m.s.l. ground fog) ; (d) The following records shall also be maintained, whenever applicable, but need not be made a part of the daily log. Only data specifically collected for the reported activity need be retained ; data available from other sources need not be included. (1) Any descriptions that were recorded of meteorological conditions in ' target and control areas during the periods of operation . ; for example : per- cent of cloud cover, temperature, humidity, the presence of lightning, hail, funnel clouds, heavy rain or snow, and unusual radar patterns. (2) All measurements made of precipitation in target and control areas. (3) Any unusual results. § 908.9 Retention of records Records required under § 908.8 shall be retained and available for inspection by the Administrator or his designated representatives for 5 years after completion of the activity to which they relate. Such records shall be required to be produced for inspection only at the place where normally kept. The Administrator shall have the right to make copies of such records, if he deems necessary. § 908.10 Penalties Knowing and willful violation of any rule adopted under the authority of sec- tion 2 of Pub. L. 92-205 shall subject the person violating such rule to a fine of not more than $10,000, upon conviction thereof. § 908.11 Maintenance of records of related, activities (a) Persons whose activities relate to weather modification activities, other than persons engaged in weather modification activities, shall maintain records concerning the identities of purchasers or users of weather modification apparatus or materials, the quantities or numbers of items purchased, and the times of such purchases. Such information shall be retained for at least 5 years. (b) In addition, persons whose activities relate to weather modification shall be required, under the authority of section 4 of Pub. L. 92-205, to provide the Administrator, on his request, with information he deems necessary to carry out the purposes of this act. § 908.12 Public disclosure of information (a) Any records or other information obtained by the Administrator under these rules or otherwise under the authority of Pub. L. 92-205 shall be made pub- licly available to the fullest practicable extent. Such records or information may

—; 668 be inspected on written request to the Administrator. However, the Administrator will not disclose any information referred to in section 1905 of title 18, United States Code, and that is otherwise unavailable to the public, except that such in- formation shall be disclosed (1) To other Federal Government departments, agencies, and officials for official use upon request (2) In any judicial proceeding under a court order formulated to preserve the confidentiality of such information without impairing the proceeding and ; (3) To the public, if necessary to protect their health and safety. (b) Certified copies of such reports and information, to the extent publicly disclosable, may be obtained from the Administrator at cost in accordance with the Department of Commerce implementation of the Freedom of Information Act. (c) Persons reporting on weather modification projects or related activities shall specifically identify all information that they consider not to be subject to public disclosure under the terms of Pub. L. 92-205 and provide reasons in support thereof. A determination as to whether or not reported information is subject to public dissemination shall be made by the Administrator. (d) When consideration of a weather modification activity report and related information indicates that a proposed project may significantly depart from the practices or procedures generally employed in similar circumstances to avoid danger to persons, property, or the environment, or indicates that success of Fed- eral research projects may be adversely affected if tlie proposed project is carried out as described, the Administrator will notify the operator (s) and State officials of such possibility and make recommendations where appropriate. The purpose of such notification shall be to inform those notified of existing practices and pro- cedures or Federal research projects known to NOAA. Notification or recom- mendation, or failure to notify or recommend, shall not be construed as approval or disapproval of a proposed project or as an indication that, if carried out as proposed or recommended it may, in any way, protest or endanger persons, prop- erty, or the environment or affect the success of any Federal research project, Any advisory notification issued by the Adminsitrator shall be available to the public and be included in the pertinent activity report file. § 908.13 Address of letters Letters and other communications intended for the Administrator, in connection with weather modification reporting or activities, shall be addressed to: The Administrator, National Oceanic and Atmospheric Administration, Environmental Modification Office, Rockville, Md. 20852. § 908.14 Business to oe transacted in writing All business transacted with the National Oceanic and Atmospheric Adminis- tration with regard to reports of weather modification activities should be trans- acted in writing. Actions of the National Oceanic and Atmospheric Administration will be based exclusively on the written record. % 908.15 Times for talcing action; expiration on Saturday, Sunday, or holiday Whenever periods of time are specified in these rules in days, calendar days are intended. When the day, or the last day, fixed under these rules for taking any action falls on a Saturday, Sunday, or on a Federal holiday, the action may be taken on the next succeeding day which is not a Saturday, Sunday, or Federal holiday. § 908.16 Signature All reports filed with the National Oceanic and Atmospreric Administration must be dated and signed by or on behalf of the person conducting or intending to conduct the weather modification activities referred to therein by such person, individually or, in the case of a person other than an individual, by a partner, officer, or other person having corresponding functions and authority. For this purpose 'officer' means a president, vice president, treasurer, secretary, or comp- troller. Notwithstanding the foreging, such reports may also be signed by the duly authorized agent or attorney of the person whose activities are being reported. Proof of such authorization shall be furnished to the Administrator when filing a report, unless previously furnished. § 908.11 Suspension or waiver of rules In an extraordinary situation, any requirement of these rules may be suspended or waived by the Administrator on request of the interested party, to the extent such waiver is consistent with the provisions of Pub. L. 92-205 and subject to such other requirements as may be imposed.

669 § 908.18 Matters not specifically provided for in rules All matters not specifically provided for or situations not specifically addressed in these rules will be decided in accordance with the merits of each case by or under the authority of the Administrator, and such decision will be communicated in writing to all parties involved in the case. § 908.19 Publication of notice of proposed amendments Whenever required by law, and in other cases whenever practicable, notice of proposed amendments to these rules will be published in the Federal Register. If not published with the notice, copies of the text of proposed amendments will be furnished to any person requesting the same. All comments, suggestions, and briefs received within the time specified in the notice will be considered before adoption of the proposed amendments, which may be modified in the light thereof. Informal hearings may be held at the discretion of the Administrator. % 908.20 Effective date These rules are effective on June 10, 1976. § 908.21 Report form Pub. L. 92-205 and these rules should be studied carefully prior to reporting. Reports required by these rules shall be submitted on forms obtainable on request from the Administrator, or on an equivalent format. In special situations, such alterations to the forms as the circumstances thereto may render neces- sary may be made, provided they do not depart from the requirements of these rules or of Pub. L. 92-205. [FR Doc. 76-16807 Filed 6-9-76 ;8 :45 am] 34-857 O - 79 - 45

670 Attachment CaapMi *> acattma vtth witwrtiwi « rmrat mt farari cm Form Approvtxf 0MB No. 41-2664 E^res 12-2) -77 NOAA FORM 17-4 U. S. DEPARTMENT OF COMMERCE TO: Environmental Modification Office (EM-5) (S-761 N AT' L OCEANIC AND ATMOSPHERIC ADM. National Oceanic and Atmospheric Administration ntivtat armkBT nil wr ituf UAnieiniviay Rockville. Maryland 20852 INITIAL REPORT ON WEATHER MODIFICATION 1. PROJECT OR ACTIVITY DESIGNATION, IF ANY ACTIVITIES (P.L. 205, 92NO. CONGRESS) 2. DATES OF PROJECT a. DATE FIRST ACTUAL WEATHER MODIFICATION ACTIVITY IS TO X PURPOSE OP PROJECT OR ACTIVITY BE UNDERTAKEN ». EXPECTED TERMINATION DATE OF WEATHER MODIFICATION ACTIVITIES 4.I.! SPONSOR 4.1b) OPERATOR NAME NAME AFFILIATION PHONE NUMBER AFFILIATION PHONE NUMBER STREET ADDRESS STREET ADDRESS CITY STATE ZIP CODE CITY STATE ZIP CODE S. TARGET AND CONTROL AREAS (See 7n. miction.; TARGET AREA CONTROL AREA LOCATION SIZE OF AREA LOCATION SIZE OF AREA •O. Ml. SO. Mt. 4. DESCRIPTION OP WEATNER M.ODIPICATION APPARATUS. MODIFICATION AGENTS AND TNEIR DISPERSAL RATES, THE TECHNIQUES EMPLOYED, ETC. rs— tnetmcttehe) 7. LOO ROCCS NAME AFFILIATION Enter name, affiliation, address, and telephone number of PHONE NUMBER reaponaible individual from whom log books or other records STREET AODRESS may be obtained. CITY STATE ZIP CODE a. SAFETY AND ENVIRONMENT Yes NO Haa an Environmental Impact Statement, Federal or State been filed? If yes, please furnish a copy as applicable. YCf Q NO Have proriaions been made to acquire the latest forecasts, advisories, warnings, etc. of the National Weather Service, Forest Service, or others when issued prior to and during operations? If yes, please specify oo a separate sheet. YES £3 NO Have any aafety procedures (operational constraints, provisions /or mumpmmion of operations, monitoring method*, ate.) and any environmental guidelines {related to the possible effects of the operations) been included in the operational plans? If yes, pleaae furnish copies or a description of the specific procedures and guidelines. V. OPTIONAL REMARKS (See M< miction.. Urn* Separate Sheet.) NAME rfiTiPirniny 1 certify that the above statements are true, complete CERTIFICATION! and correct to the best of my knowledge and belief. AFFILIATION SIGNATURE STRICT ADDRESS OFFICIAL TITLE CITY STATE ZIP CODE DATE PHONE NUMBER Instructions for Initial Report on Weather Modification Activities 'This report is required by Public Law 92-205; 85 Stat 735; 15 TJ.S.C. 3301). Knowing and willful violation of any rule adopted under the authority of Section 2 of Public Law 92-205 shall subject the person violating such to a fine or not more than $10,000, upon conviction thereof.' One completed copy of this form is to be received 10 days 1 or more prior to actual modification activities. A NOAA file number will be assigned by tbc Administrator after receipt of the initial report for each project or activity. For exceptions, see Sections 908.4(b) and (c), Part 908 of Title 15, Code of Federal 1 Regulations.

: : . . 671 A supplemental report in a letter form referring to the appropriate NOAA file number must be made to the Administrator if the 'Initial Report' is found to contain any material inaccuracies, misstatements, and omissions, or if there are changes in plans for the project or activity. Item 1. Enter designation, if any, used by operator for the project or activity. Item 2. Enter (a) Date first actual weather modification activity is to be undertaken; (b) Date on which final weather modification activity is expected to occur. Item 3. Enter the purpose of the project or activity : e.g., rainfall increase, hail suppression, cold fog dispersal, etc. Item 4. Enter (a) Name, phone number, affiliation, and address of the primary person for whom the project is to be performed ( sponsor ) (b) Name, phone number, affiliation, and address of the person primarily responsible for carrying out the project (operator) Item 5. A map should be attached showing size and location of target area, control area, coded number and location of each item of ground-based weather modification apparatus and coded number and location of key raingages, radars, or other precipitation measuring devices. Also show location of airport for air- borne operations. Item 6. Describe the weather modification apparatus, modification agents, and the techniques to be used. This would include type of ground or airborne appara- tus to be used, type of modification material to be dispensed, rate of dispensing material in grams per hour or other appropriate units, type of precipitation gages to be used in target and control areas, and any other pertinent information such as type of radars, type of aircraft to be used, techniques to be employed, (e.g., cloud base seeding at 10,000 feet msl). Item 7. List name, phone number, affiliation, and address of the responsible individual from whom log books or other records may be obtained. Item 8. Provide applicable answers to questions as indicated. Item 9. This item is to permit the reporting person to include any information not covered by items 1 through 8 but which he feels is significant or of interest. It is also to be used to include any information not covered elsewhere that the Administrator may request.

A 672 Attachment FORM APPROVED O.M.B. NO. 4J-R2664 APPROVAL EXPIRES >2-3?-77 NOAA FORM 17 -4 U. S. DEPARTMENT Of COMMERCE NOAA FILE NUMBEf IONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION INTERIM ACTIVITY REPORTS AND FINAL REPORT 'This report is required by Public Law 92- 205/85 Sfof 735; ?5 U.S.C. 3306. i INTERIM REPORT I Knowing and willful violation of any rule adopted under the authority of sec- I I FINAL REPORT tion 2 of Public Law 92—205 snail subject the person violating sued rule to a fin* of not more than $10,000, upon conviction thereof.' Complete in accordance with instructions on reverse «nd forward one copy: REPORTING PERIOD TO: Environmental Modification Office (EM-5) National Oceanic and Atmospheric Administration Rocltville, Maryland 20852 (a) NUMBER OF MODIFICATION DAYS PER MAJOR PURPOSE NOURS OF APPARATUS TYPE AND AMOUNT NUMBER NUMBER OPERATION OF AGENT USED Of OF MODI- BY TYPE MODIFICATION FICATION DAYS MISSIONS FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL TOTALS FOR FINAL REPORT DATE ON WHICH FINAL WEATHER MODIFICATIOM ACTIVITY OCCURRED (For Fins I Report Only) NAME OF REPORTING PERSON CERTIFI- j cemfv ,),., .n statements in this repon on this weather modification proieci are complete and correct to ihe best of my knowledge and are made in good faith CA1ION: AFFILIATION SIGNATURE STREET ADDRESS OFFICIAL TITLE CITY STATE ZIP CODE DATE NOl« FORM 17-4* 61 Instructions for Interim and Final Reports Any person engaged in any weather modification project or activity in the United States on January 1 in any year shall submit one copy of this form setting forth as of such date the information required with respect to each such con- tinuing project or activity not previously furnished in a prior interim report. The box indicating 'Interim Report' should be checked. The January 1 date nhall not apply if other arrangements have previously been made with the writ- ten approval of the Administrator of NOAA. The report shall be received by NOAA not later than 45 days following the end of the reported period. Upon completion of a project or activity one copy of this report shall be sub- mit ted and the box checked indicating 'Final Report.' The final report shall be

673 received by NOAA not later than 45 days after the completion of the project or activity. The NOAA File Number should be filled in for any project for which the Administrator has assigned a file number. A supplemental report in letter form referring to the appropriate NOAA file number must be made to the Administrator if the 'Interim' or 'Final' reports are found to contain any material inaccuracies, misstatements, and omissions. INTERIM REPORT The information in Items (a) through (e) on the report form should be pro- vided as prescribed below for the months to which the report pertains. If no data are applicable for any given item in any month, enter zero. Item (a) : Enter number of days on which actual weather modification activities took place. Item (b) : Enter in the appropriate column number of days on which modifica- tion activities were conducted, segregated by each of the major purposes of the activities. Normally, the total of entries in (b) would equal total in (a). Item (c) : Enter number of modification missions that were carried out. Item (d) : Enter in the appropriate column total number of hours of operation of each type of weather modification apparatus, (i.e., net hours of agent release). If the form does not contain sufficient space, report additional types on a sepa- rate sheet. Item (e) : Enter in the appropriate column total amount of agent used, by type. If the form does not contain sufficient space, report additional types on a separate sheet. The totals for these items shall be provided for the period covered by the interim report. FINAL REPORT The final report shall contain the information required for interim reports, to the extent not previously reported. In addition, the items designated as 'Totals for Final Report' should be reported. This information should pertain to the entire project or activity period, rather than only the period since the last interim report. At the space at the end of the form, enter the date on which final weather modification activity occurred.

674 K u z > s MUMMER U < < > m j : Mj FILE I t 3 NOAA ft, * s z * INCREASE i K APPARATUS FORM Z « ON 0' OF YEAR X I 111 < a AGENT O DATA AND b. O DESIGNATION Ul MONTH I z ENTERING MODIFICATION shall thereof. COMMERCE BEFORE and ADMINISTRATION 92-205 OP conviction Knowing Law REVERSE o' DEPARTMENT ACTIVITIES 330b. upon Public ATMOSPHERIC ON TIME 0. of 0, U.S.C. 2 LOCAL S. $10,000, U. AND INSTRUCTIONS 15 section than K 735; <n OCEANIC MODIFICATION of more D Stat RE/ not 85 authority NATIONAL of TOTAL fine 92-205; the CAREFULLY WEATHER a under to LOCATION Law MONTHLY rule DURING adopted OR Public such by rule POSITION LOG violating any required of DAILY person I7-4B is violation report FORM the , 76 This < NOAA _ willful subject a l 6 Instructions for Completing Daily Log Form daily log of activities This is a suggested form to be used in recording the information required to be kept by Section 908.8, Part 908 of Title 15, Code of Federal Regulations. Other logs may be used, providing they contain the information required. A tabular form is provided on which to report a daily log of activities for each unit of weather modification apparatus. The form is suitable for recording opera- tion of individual items of ground or airborne apparatus. In the spaces provided above the columns, write the designation of the w eather modification apparatus, r coded to refer to the description required by Sections 908.8(b) (1) and 908.8(c).

675 Part 908 of Title 15, Code of Federal Regulations, the month and year of daily record, the name of the operator, and the NOAA file number. These or other logs containing the required information shall be retained for 5 years ; they are not to be sent to NOAA. Explanation of columns follows : Column (1) : State date of the weather modification activity. Column (2) : Give each aircraft position or location of each item of weather modification apparatus during each modification mission. Maps may be used. Columns (3 and (4) : State local time when modification activity began and ended. Use 24-hour clock time (e.g., 0100 signifies 1 :00 a.m. and 2300 signifies 11 :00 p.m.). For intermittent operations, the start and end of the total sequences are acceptable. Column (5) : Give duration of operation of each unit of weather modification apparatus, in hours and minutes. (Col. 5-Col. 4-Col. 3). Column (6) : Describe type of modification agent used. Column (7) : Give rate of dispersal of agent during the period of actual opera- tion of weather modification apparatus, by hour or other appropriate time period. Column (8) : Give total amount of modification agent used. If more than one agent was used, report total for each type separately. Columns (9), (10), (11), (12) and (13) : Check once for each day on which modification activities were conducted, segregated by each of the major purposes of the activities. On the daily log sheet for the last day of each month, give monthly totals, for Columns (5), (8), (9), (10), (11), (12), and (13).

Appendix M Selected State Kules and Regulations for the Administration or State Weather Modification Statutes Illinois State of Illinois Rules and Regulations for the Administration and Enforcement of the Provisions of the Weather Modification Control Act department of registration and education (Ronald E. Stackler, Director, Springfield) [Printed by Authority of the State of Illinois] Foreword These Rules are issued under the authority of Sections 6, 11, 12, 17, 20 and 26, Chapter 146%, Illinois Revised Statutes, 1973, S The Weather Modification Con- trol Act. RULE 1 CONCEPT OF RULES 1. Purpose of Rules.—These Rules are adopted to promote properly conducted weather modification operations and research and development, to minimize pos- sible adverse effects from weather modification activities and to facilitate the administration and enforcement of the Weather Modification Control Act. These Rules shall be liberally construed to carry out these objectives and purposes. 2. Use and Effect of Rules.—These Rules are prescribed for the performance of the statutory powers and functions vested in the Department of Registration and Education. In no event shall any Rule or Rules be construed as a limitation or restriction upon the exercise of any statutory power of the Department. 3. Suspension or Modification of Rules.—These Rules may be suspended or modified by the Director of the Department of Registration and Education, in whole or in part, in the interest of justice. The Department of Registration and Education by and through the Director reserves the right to waive compliance with any of these Rules whenever in the Director's judgment, no party will be injured thereby. 4. Construction of Rules.—These Rules should not be construed to abrogate, modify or limit any rights, privileges, or immunities granted or protected by the Constitution or laws of the United States or the Constitution or laws of the State of Illinois nor to deny any person life, liberty, or property without due process of law. RULE 2—DEFINITIONS As used in these Rules, unless the context otherwise requires, the terms specified herein have the meanings ascribed to them herein or by the Weather Modification Control Act, whichever shall be applicable, as same may be, at any time or from time to time, amended. — 1. Act or Weather Modification Control Act. 'Act' or 'Weather Modification Control Act' means 'An Act to regulate weather modification in this State and amending certain Acts therein named in connection therewith' (P.A. 78-674, effective October 1, 1973), as same may at any time or from time to time, be amended. — 2. Weather Modification Apparatus. 'Weather Modification Apparatus' means any apparatus used with the intention of producing artificial changes in the com- position, motions and resulting behavior of the atmosphere. — :>,. Sponsor. 'Sponsor' means any person who enters into an agreement with a permittee to perform an operation. 4. Target Area.—'Target Area' means the surface area within which the effects of an operation are expected to be found. (676)

; : ; ; ;; 677 — 5. Operations Area. 'Operations Area' means the area in which an operation is conducted to produce or attempt to produce the desired effect within the target area. — 6. Control Area. 'Control Area' means a preselected, untreated surface area in which no effects are expected and which is used for comparison with a target area. — 7. Professional Level. 'Professional Level' means a level of responsibility for direct supervision and conduct of operations or substantial parts thereof. 8. Department's Address.—628 East Adams Street, Springfield, Illinois 62786, or such other address as shall at any time or from time to time, be designated by the Director or his duly designated representative. RULE 3 ADMINISTRATION 1. Director.—The powers and duties of the Department enumerated in the Illinois Civil Administrative Code, where applicable, the Act and these Rules shall be exercised by the Director. 2. Board.—Reports from the Board, except in emergencies, shall be in writing. The Chairman of the Board shall be responsible for forwarding to the Director reports from the Board promptly and for keeping other members of the Board advised of pending business of the Board. The Director shall act promptly upon receipt of reports from the Board. RULE 4—HEARINGS 1. Hearings Required.—Except for emergency modifications of operational per- mits as provided for in Section 21(b) of the Act, before suspending, revoking, refusing to renew or modifying a license or a permit, the Department shall con- duct a hearing in conformity with Section 8 of the Act. 2. Stenographic Record.—The stenographic record of a hearing shall be re- tained for at least five years. It need not be transcribed unless there is judicial review of the final administrative decision under Section 25 of the Act. RULE 5—LICENSE AND PERMIT REQUIRED 1. Requirement.—Except as provided in Subsection 2 of this Rule, no person may engage in weather modification activities : (a) Without both a professional weather modification license issued under Rule 6 and a weather modification operational permit issued under Rule 7 or (b) In violation of any term, condition or limitation of such license or permit. 2. Exemptions.—The following activities are exempted from the license and permit requirements of the Act (a) Research and development conducted by the State, its subdivisions and agencies of the State and of its subdivisions, institutions of higher learn- ing and bona fide research organizations ; (b) Activities for protection against fire, frost or fog and ; (c) Activities normally conducted for purposes other than inducing, in- creasing, decreasing or preventing hail, precipitation, clouds or tornadoes. 3. Conduct of Exempt Activities.—Exempted activities shall be so conducted as not to interfere with weather modification operations conducted under a permit issued in accordance with the Act and these Rules. 4. Notice of Exempt Activities.—Persons conducting exempted operations and research and development shall file with the Department the original of^a notice form available from the Department and with the Chairman of the Board at the Department's address a copy of the form indicating their intent to engage in such activities. Information from notice forms will be used in ascer- taining the extent to which records should be kept for exempted activities under Rule 8(6) and reports should be filed on such activities under Rule 9(5). Notice forms will require the following data : ( a ) Name and address of the person giving notice (b) Name and address of the sponsor (if any) of the operation or research and development ( c ) Whether the activity is operational or research and development (d) Nature and object to the activity

; : ; : 678 (e) The legal description of and a map showing the operations area, tar- get area and control area, if the activity involves any such areas (f) The approximate starting date of the activity and its anticipated duration (g) The kind of weather modification agent (s) intended for use; and (h) The kinds of weather modification apparatus which will be used. RULE 6—LICENSES 1. Criteria for Issuance : Issuance of licenses shall be based on the applicant's character, knowledge of weather modification principles and techniques and ex- perience in their application. The following shall be the minimum educational and experience criteria (a) A minimum of two years' field experience at the professional level in weather modification field operations or research and ; (b) One of the following three requirements : (1) Six additional years' experience in weather modification field opera- tions or research ; or (1) Six additional years' experience in weather modification field operations or research ; or (2) A degree in engineering, mathematics, or the physical sciences plus two additional years' experience in weather modification field op- erations or research ; or (3) A degree in meteorology, or a degree in engineering, mathematics, or the physical sciences which includes or is in addition to at least twenty-five semester hours of meteorological course work. 2. Application for License.—An applicant for a license shall fill out and file with the Department the original of an application form available from the De- partment and a copy thereof with the Chairman of the Board at the Depart- ment's address no later than thirty days before the applicant plans to use the license. The form shall require relevant information about the applicant's char- acter, knowledge of weather modification principles and experience in their ap- plication. Among the data required is information about the applicant's (a) Educational background at the college and graduate level. This in- cludes the dates of attendance and of graduation, the major and minor subjects (including the number of semester hours of meteorological course work), the degrees received, and the titles of any thesis and/or dissertation. (b) Experience in weather modification or related activities. Attention should be given to experience with reference to meteorological conditions typical of Illinois. The applicant should list the dates of each position held, the title of the position (indicate whether it was of sub-professional or professional level), the name and address of the employer, a description of the work done (indicate both the magnitude and complexity of the work and the duties and degree of responsibility for the work), and the name and address of the supervisor. (c) Scientific or engineering society affiliations and the grade of member- ship in and certification by each. (d) Publications, patents and reports. (e) Three references who will attest to the applicant's character, knowl- edge of weather modification principles and experience in their application (f ) A list of all jurisdictions in which the applicant has previously filed application for a professional weather modification license. The outcome of such applications should be indicated. (g) A list of all law suits relating to weather modification from any juris- diction in which the applicant was a party or where the applicant was employed by a party thereto at the time involved therein. (h) Indication whether a professional weather modification license is- sued to the applicant in any jurisdiction has ever been suspended, revoked, placed on probationary status or subjected to any other disciplinary actions or whether there has been refusal to renew such a license by any juris- diction. If there has been any such suspension, revocation, placement on probationary status or other disciplinary action or refusal to renew, the circumstances must be explained in full. 3. Procedure for Issuance.—The Department shall evaluate the applications, Including the responses from references, and such other relevant data about ap- plicants as it possesses or discovers. The Department in its discretion shall also

. ; ; ; 679 have the right to interview any applicant. On the oasis of that information the Department shall, within sixty days of receipt of an application, determine whether the applicant meets the educational and experience criteria established by Subsection 1 of this Rule and whether the applicant possesses the character, knowledge and experience necessary to engage in weather modification opera- tions. The Director shall issue a license to each applicant who pays the license fee established by Section 13 of the Act and who demonstrates to the satisfac- tion of the Department the competence, by virtue of character, knowledge and experience, necessary to engage in weather modification operations. If an appli- cant for a license does not pay the license fee established by Section 13 of the Act or does not demonstrate to the satisfaction of the Department the compe- tence, by virtue of character, knowledge and experience, necessary to engage in weather modification operations, the Department shall deny the application for the license. 4. Renewal of License.—Forty-five days before expiration of licenses the De- partment shall mail license application forms to all licensees and request each licensee to complete the form and file the original with the Department and a copy with the Chairman of the Board at the Department's address. The Depart- ment shall evaluate the available data about the licensee and shall issue a renewal license within thirty days of receipt of the application to each appli- cant who pays the renewal fee established by Section 13 of the Act and who has the qualifications necessary for issuance of an original license. The Depart- ment shall deny a renewal license within thirty days of receipt of the appli- cation of each applicant who does not pay the renewal fee or who does not possess the qualifications necessary for issuance of an original license. RULE 7 PERMITS 1. Criteria for Issuance.—Issuance of permits to conduct weather modification operations shall be based on the following factors : (a) The applicant holds, or if the applicant is an organization rather than an individual, the individual who will be physically present in Illinois in control of the operation and under whose direction on a day-by-day basis it will be carried out holds, a valid professional weather modification license issued under Section 12 of the Act and Rule 6 (b) The applicant has furnished proof of financial responsibility in ac- cordance with Section 20 of the Act and under Rule 7 (6) ; (c) The operation has technical and scientific feasibility and is reason- ably conceived to do all or any of the following : improve water quality or quantity, reduce losses from weather hazards, provide economic benefits for the people of the State, ad\tence or enhance scientific knowledge or otherwise carry out the objectives and purposes of the Act and these Rules (d) The operation does not involve a high degree of substantial risk to persons or property, is designed to include adequate safeguards to minimize possible damage to the public health, safety or welfare or to the environ- ment and includes an emergency shutdown procedure which states con- ditions under which operations must be suspended because of possible dan- ger to the public health, safety and welfare or to the environment (e) The operation will not adversely affect another operation for which a permit has been issued ; (f ) The operation will not adversely affect any existing research and de- velopment project exempted from the licensing and permit requirements by Rule 5 (2) (a) ; (g) The applicant has complied with the permit fee requirement estab- lished by Section 18 of the Act (h) The applicant has an acceptable plan for evaluation of the operation by using available surface data from sources such as the United States Department of Agriculture county crop yield reports, the United States Geological Survey stream flow gauges, the National Weather Service tern perature and precipitation gauges and reports and the hail loss insurance records for the region and ; (i) The project conforms to such other criteria as are set forth in the objects and purposes of the Act and of these Rules. 2. Application for Permit.—An applicant for a permit shall fill out and file with the Department the original of an application form available from the De- partment and a copy thereof with the Chairman of the Board at the Depart-

; ; ; : ; ; ; ; ; ; ; ; : 680 merit's address no later than thirty days before the applicant plans to use the permit. The form shall require relevant information about the applicant and the proposed operation from which the Department can make an informed judg- ment whether or not to issue the permit and, in case of issuance of the permit, what conditions and limitations should be placed upon it. Among the data re- quired is the following information about the applicant and the project (a) Name and address of the applicant (b) Whether a weather modification operational permit issued to the ap- plicant in any jurisdiction has ever been suspended, revoked, placed on probationary status or subjected to any other disciplinary action or whether there has been refusal to renew such a permit by any jurisdiction. If there has been any such suspension, revocation, placement on probationary status or other disciplinary action or refusal to renew, the circumstances must be explained in full (c) If the applicant is a corporation, whether it is licensed to do busi- ness in Illinois (d) Names, addresses and numbers of all professional licenses issued under Section 12 of the Act and Rule 6 of the individuals in control of the operation and under whose direction on a day-by-day basis it will be carried out (e) Whether professional weather modification licenses issued to such licenses in any jurisdiction have ever been suspended or revoked or placed on probationary status or subjected to any other disciplinary action or whether there has been refusal to renew such licenses by any jurisdiction. If there has been any such suspension, revocation, placement on proba- tionary status or other disciplinary action, or refusal to renew, the circum- stances must be explained in full (f) Whether proof of financial responsibility has been furnished in ac- cordance with Section 20 of the Act and Rule 7(6); (g) If the operation will be conducted under a contract, the value of the contract (h) If the operation will not be conducted under a contract, an estimate of the costs of the operation and information as to how the estimate was made (i) A copy of any promotional and advertising material used in connec- tion with negotiations for the contract with the sponsor (if any) ; (j) A complete and detailed operational plan for the operation which includes (1) The nature and objects of the operation ; (2) The legal descriptions of and a map showing the operations area, the target area and the control area (if any) ; (3) The approximate starting date of the operation and its antici- pated duration (4) The kind of seeding agent (s) intended for use and the antici- pated rate of their uses (5) The kinds of weather modification apparatus which will be used and the method (s) of seeding for which they will be used (6) An emergency shutdown procedure which states conditions under which operations must be suspended because of possible danger to the public health, safety and welfare or to the environment (7) The means by which the operation plans will be implemented and carried out, such as the location of the main operational office and any other offices used in connection with the operation, the location of such ground equipment as seeding generators, radar and evaluation instrumentation, the number and kinds of aircraft which will be used and the extent to which weather data will be made available to the licensees and other personnel carrying out the project and ; (8) How conduct of the operation will interact with other projects; (k) An acceptable plan for evaluation of the operation prepared in com- pliance with Rule 7 (1) (h) ; and (1) Such additional information as will assist the Department in de- ciding whether or not to issue the permit. Procedure for Issuance.—The Department shall evaluate all fully executed applications, using not only information derived from the completed application forms and accompanying (hem, but also such other relevant data about the applicants and the proposed operations as it possesses or discovers. The Depart-

: : ; ; 681 ment may give public notice by newspaper, radio or television announcement in the area' of the State reasonably expected to be affected by operations con- ducted under a permit that it is considering an application or more than one application for a permit, and may hold a public hearing for the purpose of ob- taining information from the public concerning the effects of issuing or refusing to issue the permit. The Department may issue a permit in response to an ap- plication for an operation if it determines that there has been substantial com- pliance with Section 17 of the Act and Rule 7(1). Otherwise it shall deny the application for the permit. The Department shall complete its action upon ap- plications within thirty days of receiving them. 4. Conditions and Limits of Permits.—The permittee shall confine weather modification activities within the conditions and limits specified in the permit and those imposed by the Act and these Rules, except to the extent the condi- tions and limits are modified by the Department. The Department may con- dition and limit permits as to target area, time of the operation, materials and methods to be used in conducting the operation, emergency shutdown procedure and such other operational requirements as may be established by the Depart- ment. The Department shall condition and limit all permits in the following respects (a) A permit may cover only one operation ; (b) When an operation is conducted under contract, a separate permit is required for each contract and ; (c) Only one permit will be issued at a time for operations in any geo- graphical area if two or more operations conducted within the conditions and limits of the permits might adversely interfere with each other. 5. Duration of Permit.—Within thirty days of the end of each yearly permit period the permittee shall file a permit application form available from the Department, an original for the Department and a copy thereof for the Chair- man of the Board, at the address of the Department. The Department shall complete its action upon applications within thirty days of receiving them. 6. Proof of Financial Responsibility.—Proof. of financial responsibility is made by showing to the satisfaction of the Department that the permittee has the ability to respond in damages to liability which might reasonably result from the operation for which the permit is sought. Such proof of financial responsibility may, but shall not be required to be, shown by : (a) Presentation to the Department of proof of purchase of a prepaid non- cancellable insurance policy or a corporate surety bond issued by a company approved by the Department against whom service of legal process may be made in Illinois against such liabilities in an amount ten times the value of an operation conducted under contract or in an amount ten times the estimated costs of an operation not conducted under contract ; or (b) Depositing with the Department cash or negotiable securities in an amount ten times the value of an operation conducted under contract or in an amount five times the estimated costs of an operation not conducted under contract. 7. Renewal of Permit.—At the expiration of the permit period, the Department shall issue a renewal permit to each applicant who : (a) At least thirty clays before expiration of the permit period files the original of a permit application form available from the Department with the Department and a copy with the Chairman of the Board at the Depart- ment's address (b) Meets the criteria for issuance of a permit under Section 17 of the Act and Rule 7(1), including payment of the permit fee and ; (c) Has an operational record which indicates that an original permit would be issuable for the operation. RULE 8—RECORDS 1. Daily Log.—Each permittee must fill in and retain a daily log of weather modification activities for each unit of weather modification apparatus used during an operation. The log form which will be available from the Department requires (a) Date of the weather modification activity ; (b) Each aircraft flight track and location of each item of weather modi- fication apparatus during each modification mission. Maps may be used

; : ; ; ; 682 (c) Local time when modification activity began and ended. For intermit- tent operations, the start and end of the total sequence are acceptable (d) Duration of operation of each unit of weather modification apparatus, in hours and minutes (e) Description of type of modification agent used ; (f) Rate of dispersal of agent during the period of actual operation of weather modification apparatus, by hour or other appropriate time period (g) Total amount of modification agent used. If more th,an one agent was used, report total for each type separately ; (h) Local time when any radar monitoring operation was turned on and turned off; (i) Type of clouds modified, that is whether they were stratiform, isolated cumuliform. organized cumuliform or other types of clouds (j) Remarks indicating such operational problems as equipment failure, weather conditions not conducive to successful performance of the operation, personnel problems and the like and ; (k) Monthly totals from daily logs listing the total (1) Days during month in which operation conducted ; ( 2 ) Time of operation ; (3) Amount of each kind of agent used ; (4) Average rate of dispersal of each kind of agent used; (5) Time of operation of radar and ; (6) Days of each type of cloud treated. 2. Weather Records.—Each permittee must obtain and retain copies of all daily precipitation total records available from the National Weather Service stations in the target area and other sources. 3. Summary Records.—Each permittee must prepare a monthly summary of the monthly totals from the daily logs of all units of weather modification ap- paratus used during an operation. 4. Addresses of Participants.—Each permittee must keep a roster of the names and Illinois addresses of all employees participating in the State on an operation for which a permit has been issued. 5. Inspection.—Duly authorized agents of the Department shall have the power to enter and inspect the records required by this Rule and to make copies of them. 6. Exempted Weather Modification Activities.—The Department may in its discretion require persons operating weather modification activities exempted under Rule 5 (2) to keep all or part of the record required of permittees by this Rule. These records shall be kept in such manner as the Department may indicate. RULE 9—REPORTS 1. Monthly.—Within ten days after the conclusion of each calendar month the permittee shall submit a report to the Department which shall consist of: ( a ) A copy of the summary record prepared under Rule 8(3); (b) A copy of the roster of the names and Illinois addresses of all em- ployees participating in the State on an operation which was prepared under Rule 8(4) ; (c) A copy of the federal interim activity report form filed for that month with the National Oceanic and Atmospheric Administration in accordance with the rules adopted under the authority of Public Law 92-205; and (d) A narrative account of the manner in which operations during the month did not conform to the operational plan filed in accordance with Rule 7 (2) (j). 2. Pinal.—Within thirty days after completion of the operation the permittee shall file with the Department a final report on the operation which shall consist of: (a) Copies of the logs prepared in accordance with Rule 8 (1), of the weather records obtained in accordance with Rule 8 (2) and of the totals for the entire operational period from the monthly summary records pre- pared under Rule 8 (3) ; (b) A copy of the federal final activity report form filed with the National Oceanic and Atmospheric Administration in accordance with the rules adopted under the authority of Public Law 92-205 and ; (c) A narrative account of the manner in which the operation did not (j). conform to the operational plan filed in accordance with Rule 7 (2)

683 3. Evaluation.—Within sixty days after completion of the operation the per- mittee shall file with the Department a narrative evaluation of the operation. The data for this report should be assembled and evaluated in accordance with the evaluation plan prepared in compliance with Rule 7 (1) (h). 4. Reports to Sponsors.—The permittee shall file with the Department a copy of all reports made by the permittee to sponsors of the operation. 5. Exempted Weather Modification Activities.—The Department may in its discretion require persons operating weather modification activities exempted under Rule 5 (2) but who have been required under Rule 8 (6) to keep certain records to file all or part of the reports required of permittees by this Rule. These records shall be kept in such manner as the Department may indicate. 6. Public Records.—All reports which are in the custody of the Department and which have been filed with it under the Act or Rule 9 shall be kept open for public examination as public documents during regular business hours of the Depart- ment's office located at the Department's address. RULE 10—PARTIAL INVALIDITY If any portion of these Rules is held invalid, such invalidity shall not affect any other part of these Rules which can be given effect without the invalid portion. Kansas The Kansas Weather Modification Act state statutes, rules and regulations plus applicable forms Prepared and Published by the Kansas Water Resources Board, Suite 303, 503 Kansas Avenue, Topeka, Kans. 66603 Preface While rain making has been one of man's objectives for several thousands of years, it has only been within the past half century that he has begun to grasp some of the scientific reasons for weather events which he has observed and speculated on throughout history. With a clear recognition of the potential of weather modification for benefit or harm, and in view of the lack of hard facts with respect to the possible benefits and financial and social costs of such efforts in Kansas, it appeared wise for the state to seek to provide usable knowledge and reasonable protection to its citizens against irresponsible acts which might adversely affect them. With this in mind, the 1974 Kansas Legislature passed H.B. 1216 which appears as Kansas Statutes Annotated 82a-1401 to 1424. This act, cited as the 'Kansas Weather Modification Act,' provides for licensing by the state of all qualified persons who desire to engage in weather modification activities within the state, and further requires that a permit be obtained for each specific activity. Responsi- bility for administering the act has been placed with the Kansas Water Resources Board. The law also required the Board to appoint an Advisory Committee to assist the Executive Director of the Board in developing licensing standards and report forms, and to assist in other areas as directed by the Board. This booklet contains a copy of the law, a copy of the rules and regulations prepared in cooperation with the Advisory Committee, a copy of the required forms, and instructions for preparation of the forms. The objectives of the rules and regulations are to encourage the development and evaluation of weather modification technology, to protect the public through the requirement that operators in this field possess certain basic qualifications, to establish procedures for the issuance of permits with a minimum of delay and to clarify administrative policy. These rules may be amended in accordance with procedures set forth in K.S.A. 77-419. To Whom Should A Weather Modification License and Permit Be Issued? WEATHER MODIFICATION LICENSE The Kansas Weather Modification Act provides that a license may be issued to any qualified person. That person must be an individual. A corporation cannot

: ; 684 demonstrate its knowledge of meteorology and weather modification operations that is the realm of the individual who may be a member of a corporation or political entity. Only an individual can meet the requirements of 1976 Supp. K.S.A. 82a-1407 and 1412. If a company chooses to license several of its staff in order to meet the requirements of 1412, that is its prerogative. However, a license is not transfer- able since it applies to a specific individual and his capabilities. WEATHER MODIFICATION PERMIT In contrast to the conditions for a license, a permit may be obtained by an individual, a corporation, or any other 'person' which meets the requirements of K.S.A. 82a-1411, since all activities must be under the direction of a licensed individual. In making application for a permit, the licensee who will be carrying out the provisions of the permit should be required to state in writing that he can carry out the provisions of the permit as specified in the operational plan which is to accompany the approved permit. Rules and Regulations— General 98-4-1 PURPOSE These rules and regulations were prepared pursuant to K.S.A. 82a-1403 by the Executive Director within the authority granted by the Kansas Water Resources Board and in consultation with the Advisory Committee appointed by the Board. The purpose of developing licensing standards and report forms and establishing minimum operating requirements for weather modification activities in Kansas is to expand knowledge, minimize conflicts, and assure the use of the most effec- tive methods of carrying on such operations. K.S.A. 1974 Supp. 82a-1403 98-4-2 DEFINITIONS 1. 'Board' means the Kansas Water Resources Board. 2. 'Director' means the Executive Director of the Kansas Water Resources Board. 3. 'Emergency' means an unusual condition which could not have reasonably been expected or foreseen ; one in which it can be anticipated that damage can be avoided or reduced by prompt weather modification action. 4. 'License' means the document issued by the Director to qualified persons who make application therefor, authorizing such persons to engage in weather modification activities in Kansas. 5. 'Licensee' means an individual who has applied for and to whom a weather modification license has been issued. 6. 'Permit' means the document issued by the Director authorizing weather modification activity in Kansas, which describes the objectives of the activity, the area in which the activity is to take place, the time within which the operation is to be active, and anticipated results. 7. 'Primary Target Area' means the area within which weather modification activity is intended to have an effect. 8. 'Research and Development' means exploration, field experimentation and/or extension of investigative findings and theories. 9. 'Weather Modification Activity' means any operation or experimental process which lias as its objective inducing change, bv artificial means, in the composition, behavior, or dynamics of the atmosphere. K.S.A. 1974 Supp. 82a-1403. 98-4-3 LICENSING 1. No person may engage in any weather modification activity within the State of Kansas without a license and a permit. 2. In order to obtain a license under the Kansas Weather Modification Act the applicant must a. Make application for a license in Kansas to the Board on Form KWM #1. (Copy attached) To assure timely consideration, this should be sub- mitted at least forty-five (45) days prior to the start of the proposed opera- tional period.

: : 685 b. Pay the $100.00 license fee unless that fee is waived by a decision of the Board because of the educational or experimental nature of the work pro- posed. The candidate for exemption must prove to the satisfaction of the Director and the Advisory Committee, if consulted, that the nature of the work merits exemption from fees. c. Meet one of the following professional or educational requirements : (1) Eight (8) years of professional experience in weather modifica- tion field research or activities and at least three (3) years as a project director, (2) A baccalaureate degree in applicable courses and three (3) years experience in application of such studies to weather modification activities. (3) A baccalaureate degree including 25 hours of meteorological studies and two (2) years of practical experience in weather modifica- tion research or activities. d. Demonstrate, to the satisfaction of the Director, by his knowledge of meteorology, cloud physics, and field experience, that he is qualified to con- duct a weather modification project of the kind he wishes to conduct in Kansas. 3. Each license shall expire at the end of the calendar year for which it is issued. 4. Weather modification licenses may be renewed annually, effective January 1 each year. Renewal will be automatic upon the following conditions a. Receipt of a request for renewal by the license holder. b. Receipt of the $100.00 annual license fee, if applicable. c. Verification by the Director or the Board that evidence has not become available that would raise doubts as to the qualifications of the license holder. K.S.A. 1974 Supp. 82a-1403 ©8-4-4 PERMITS 1. A weather modification permit shall be required annually, on a calendar year basis, for each weather modification project. In those cases when a weather modi- fication activity will extend over more than one calendar year, a permit may be extended on a year-to-year basis upon payment of the annual fee, a review by the Director and, if desirable, his Advisory Committee, and the publication of a no- tice of intent to continue the operation. The Director shall determine whether a public hearing is needed. 2. A permit may not be assigned nor transferred by the holder. 3. Permit applications should, if possible, be submitted at least forty-five (45) days prior to the initial date of the proposed operational period for which the permit is sought. This will allow time to hold a public hearing, review the infor- mation presented, and permit action by the Board prior to the proposed starting date of the project. 4. In order to modify the boundaries of a project for which a permit has previ- ously been obtained, a revised permit will be required, under conditions similar to those under which the original permit was issued, or as modified by the Director. 5. In order to obtain a permit to conduct weather modification activities in Kan- sas, an applicant must a. Submit to the Director a completed Form KWM No. 2. (Copy attached.) b. Pay the $100.00 permit fee, if applicable. c. Present evidence that the applicant is, or has in its employ, a licensee. d. Demonstrate proof of ability to meet the liability requirements of Sec- tion 1411(4) of the Kansas Weather Modification Act. This proof may be pro- vided in the form of an insurance policy written by a company authorized to do business in Kansas or by a statement of individual worth which is satis- factory to the Director. e. Submit a complete and satisfactory operational plan for the proposed weather modification project, which includes : (1) A map of the proposed operating area which specifies the primary target area and shows the area reasonably expected to be affected. (2) The name and address of the licensee. (3) The nature and object of the intended weather modification activi- ties. (4) The meteorological criteria to be used to initiate or suspend modifi- cation activities. 34-857 O - 79 - 46

: : : 686 (5) The person or organization on whose behalf it is to be conducted. (6) A statement showing any expected effect upon the environment. (7) The methods that will be used in determining and evaluating the proposed weather modification project. (8) Such other information as may be required by the Director. f. Publish a 'notice of intent' to engage in weather modification activities in each county of which all or part may be within the primary target area or within the areas reasonably expected to be affected, at least seven (7) days prior to the required public hearing. The time and place of the public hearing must be approved by the Director. The 'notice of intent' shall include notice in a newspaper or newspapers of general circulation in the area. In addition, the use of radio and television spot announcements is encouraged. The notice shall (1) Describe the primary target area. (2) Describe the area which might reasonably be affected. (3) Specify the period of operation including starting and ending dates, which operation need not be continuous. (4) Describe the general method of operation. (5) Describe the intended effect of the operation. (6) State the time and place of a public hearing on the application; the hearing to be in or near the primary target area. (7) State that complete details of the application for a permit will be available for examination in the office of the Water Resources Board in Topeka and at a location within the project area as described in the public hearing notice. g. Provide satisfactory evidence of publication of the 'notice of intent' to the Director prior to the public hearing. 6. At the discretion of the Director, additional information may be required of the applicant. The additional information required may include a comprehen- sive environmental impact analysis similar to the statements required for federal projects. 7. Any permit issued for a weather modification activity shall be subject to re- vision, suspension, or modification of its terms and conditions by the Director, if necessary to protect the health, safety, or property of any person or to protect the environment. K.S.A. 1974 Supp. 82a-1403 98-4-5 EVALUATION OF PERMIT APPLICATION Permit applications will be evaluated based on the following considerations 1. The project can reasonably be expected to benefit the residents of the primary target area or an important segment of the state's population. 2. The testimony and information presented at the public hearing is generally favorable to the proposed activity. 3. Economic, social, or research benefits are expected a. If the application is for a commercial project, the project is scientifically and technically feasible. b. If the application is for a scientific or research project, it offers promise of expanding the knowledge and technology of weather modification. 4. The applicant has provided adequate safeguards against potentially hazard- ous effects to health, property, or environment and has outlined a program for the implementation of these safeguards. 5. The proposed project will not have any detrimental effect on the previously authorized weather modification projects. G. The project is to be under the personal direction, on a day-to-day basis, of an individual who holds a valid license, issued under the Kansas Weather Modifi- cation Act. K.S.A. 1974 Supp. 82a-1403 9 8-4-6 REPORTS 1. The permit holder will maintain at his project office a current (within 24 hours) log of all operations. This log must he available for inspection by persons i

: . 687 so authorized by the Director. The log will include information at least equiva- lent to that on Form KWM No. 3. (Copy attached) 2. Reports of weather modification activities under the permit will be made monthly to the Director for each calendar month for which the permit is valid. These should be submitted by the 15th day of the following month. Copies of all entries made on Weather Modification Form KWM No. 3 shall be submitted when making these reports unless a more detailed form is agreed to at the time the permit is granted. 3. -A preliminary report shall be made within thirty (30) days after the end of each calendar year or within thirty (30) days after the end of the project, which- ever comes first, with a final report on the project submitted not later than ninety (90) days following the end of the project. These reports shall include : a. Monthly and project period totals for information required on Form KWM No. 3. b. The permit holder's interpretation of project effects as compared to those anticipated in the original application for the permit. K.S.A. 1974 Supp. 82a-1403 98-4-7 PROCEDURE FOR GRANTING EMERGENCY PERMITS 1. A permit may be granted on an emergency basis through the waiving of regular rules of procedure when evidence is presented that clearly identifies the situation as an emergency as defined in 98-4-2 (3) 2. Upon presentation of evidence satisfactory to the Director that a condition exists or may reasonably be expected to exist in the very near future that may be alleviated or overcome by weather modification activities, the Director shall issue a permit *o an individual holding a license issued under this Act. Coincident with the issuance of the permit, the Director shall also release to the news media in the area intended to be affected, the information contained in the permit. 3. Within ten (10) days after the granting of an emergency permit, and if the permittee desires to continue his activities, the Director shall set a date for a public hearing and the permittee will provide public notice of such hearing through the regular news media in the area. At the public meeting, the permittee shall describe a. The objectives of the emergency action. b. The success to date. c. His future plans under the permit. On the basis of the information presented at this public hearing and the re- sponse of the local people, the Director will then decide whether to revoke the emergency permit, modify it, or permit its continued operation under conditions specified by the Director. K.S.A. 1974 Supp. 82a-1403 98-4-8 PROCEDURE FOR SUSPENSION OR REVOCATION OF PERMITS 1. Automatic Suspension of Permit.—Any weather modification permit issued under the terms of the Kansas Weather Modification Act will be suspended auto- matically if the licensee's weather modification license expires or if the person designated as being in control of the project becomes incapacitated or leaves the employment of the permit holder and a replacement approved by the Board is not on the job site. A permit which is suspended for these reasons may be reinstated by the Board following renewal of the expired license or submission of an amended personnel statement nominating a person whose qualifications for a license are acceptable to the Board. 2. Emergency Suspension of a Permit.—When an emergency exists or appears imminent, or the Director has been notified of a probable impending emergency, he may order the immediate suspension of all weather modification operations within the area affected by such condition. This notification shall be given in the most expeditious manner. If the telephone is used to give this notice, it is to be followed promptly by a letter of particulars addressed to the permit holder and stating the time and place for holding a hearing on the question of taking per- manent action on the permit if the Director determines such a hearing is neces- sary or desirable. Whether or not the permit is reinstated by the Director, and when such reinstatement may take place, will depend upon the conditions that develop within the permit area or when the requirements of the Director are met. Failure of the licensee to notify the Director of an existing or impending

: : 688 emergency- which should have reasonably been forseen may be grounds for revo- cation of the permit and the operator's license. K.S.A. 1974 Supp. 82a-1403 98-4-9 PROCEDURE FOR SUSPENSION OR REVOCATION OF LICENSES 1. The Board may suspend or revoke any existing license for the following reasons a. The licensee is found not to possess the qualifications necessary to meet the requirements of the law. b. The licensee has violated one or more of the provisions of his license, the Kansas Weather Modification Act, or these rules. c. It has reason to believe that the weather modification efforts of the licensee may produce undesirable effects. 2. When the Director has reason to believe that a condition exists which would be a basis for the suspension or revocation of a license, he shall so inform the Board with a recommendation for suspension or revocation. If the Board deter- mines that the situation requires a hearing, the Director shall, at least thirty (30) days prior to the meeting of the Board at which the matter will be con- sidered, notify the licensee and any other interested party of the pending Board action. The hearing shall be conducted as provided for in the Kansas Weather Modification Act. The notice to the licensee shall include a. The Director's recommendation to the Board ; b. The reasons for the Director's recommendation and ; c. The time and place of the Board meeting at which the matter will be heard. The licensee or any other interested party may attend the Board meeting at which the Board will make its determination and may present relevant evidence to the Board concerning the revocation or suspension. K.S.A. 1974 Supp. 82a-1403 98-4-10 FIELD OPERATIONS 1. As provided under section 98-4-5, paragraph 6, there shall be the license holder or a substitute approved by the Director on duty at the project site at all times while weather modification activities are being carried out. 2. In order to supply local guidance to eacli weather modification project, the permit holder may seek the advice and assistance of concerned citizens within the area affected by weather modification activity. This group, which may be selected at the time of the public hearing, must be approved by the Director. This local advisory group may : a. Assist in developing the operational plan ; b. Assist in financial arrangements and ; c. Assist the Director in the evaluation of the project. 3. The permit holder shall not conduct activities outside the limits stated in the operational plan ( 98-4-4 ( 5e )) . Activities planned for periods of severe weather shall be stated in the permit application and identified at the public hearing on the application for a permit. K.S.A. 1974 Supp. 82a-1403 Kansas Water Resources Board Form KWM No. 1 Application for License To Engage in Weather Modification Activity Within the State of Kansas 1. Name of applicant 2. Business address 3. Applicant intends to do business on an (individual, partnership, consultant, employee, corporation, other). 4. Print below the full name and address of all personnel to be engaged in weather modification activities who may be in control and in charge of activities for applicant. Full Name (Do not use initials) I Residence or Business Address

: : . — . 689 5. Has any person listed under 'Personnel' been denied a license to conduct a license suspended or revoked? If so, attach a detailed statement. or participate in weather modification activities in Kansas or elsewhere, or had 6. Give the name, education, experience, and qualifications of the person or persons who may be in control and in charge of weather modification activities. (If more than one, attach additional sheets) NAME: Course of study Years or semester Graduated (yes or no) (major) hours and year of graduation Junior College 1 2 College or university 1 2 3 4 (Degree) University graduate study (Degree) Certificates of professional or vocational competence or license. Membership status in professional or technical associations. EXPERIENCE IN WEATHER MODIFICATION OPERATIONS, EXPERIMENTS, OR PLANNING [Begin with most recent experience] From To Occupations and descriptions of duties (list each position Fmployers (name, address, and Month Year Month Year separately) type of business) 7. Special education and experience qualifications (publications, reports, awards). 8. Specific type(s) of weather modification activity (ies) which applicant wishes to be licensed to perform (fog dispersal, hail suppression, rain augmenta- tion, etc.). I certify that the information contained in this application is correct to the best of my knowledge. Signature Date Subscribed and sworn to or affirmed before me This day of 19 Title Notary Public in and for the County of , State of Form KWM No. 2 Application for a Permit to Engage in a Weather Modification Activity Within the State of Kansas 1. Name of applicant _. 2. Business address , , 3. Person (s) who will be in control and in charge of activity. 4. Kansas Weather Modification License Number (s) 5. Does applicant wish to be considered exempt from fee requirements of the Kansas Weather Modification Act (K.S.A. 82a-1406 ( b ) ) If so, give justification. 6. Primary purpose (s) of the weather modification activity to be conducted under the permit 7. Person (s) or organization on whose behalf the proposed weather modifica- tion activity is to be conducted : 8. In accordance with the requirements, of K.S.A. 82a-1411(a) and the rules and regulations applicable thereto, the following attachments are submitted with this application (a) Permit fee in the form of . (b) Proof of financial responsibility in the form of. (c) Proposed operational plan. (d) Proposed Notice of Intent to engage in weather modification activities.

690 (e) Contracts or agreements applicable to the conduct and execution of the proposed weather modification activity. I hereby make application for a permit under the Kansas Weather Modification Act. K.S.A. 82a-1401-1424. Signature- Date Instructions for Completing Daily Log Form KWM No. 3 This form is suitable for recording the operation of individual items of-«irborne <»i- ground-based equipment. For clarity, a separate log should be kept for each such piece of equipment. (Each aircraft, ground generator, etc.) In order to avoid duplication of effort, daily log forms required by federal regulations may be used in hen of this form, if the following instructions are carried out in completing the federal forms.

: . 691 A. A separate seeding event, requiring entries in all appropriate columns, shall be logged whenever (a) The cloud or cloud system being modified can reasonably be considered unaffected by previous release of seeding agents (Col. 2). (b) The time since the last release of seeding agent exceeds one hour (Col. 3 and 4). (c) The type of seeding agent used, or its rate of application, is changed (Col. 6 and 7). (d) The cloud form being seeded changes (Col. 9-12). B. Explanation of column entries. Col. (1) : Give date by calendar month and day. Col. (2) : Give aircraft position or location of ground-based equipment. Aircraft position may use VOR-DME or be given in miles (10 statute miles or less) from nearby towns or landmarks, (e.g. 7 miles SSE of Tribune). Col. (3 and 4) : State local time when modification activity began and ended. Use 24-hour clock time (e.g., 0100 signifies 1:00 A.M. and 2300 sig- nifies 11 :00 P.M. ) . For intermittent operations, the start and end of the total sequence are acceptable. Col. (5) : Give duration of operation of each unit of weather modification apparatus, in hours and minutes. (Col. 5=Col. 4— Col. 3). Col. (6) : Describe seeding agent used, such as silver iodide pyrotechnic flares, silver iodide in acetone solution, sodium chloride, liquid urea, dry ice, etc. Col. (7) : Give rate of dispersal of seeding agent in gm./min., lbs./min. or other appropriate units. Col. (8) : Give total amount of seeding agent used. Col. (9-12) : Identify the predominant cloud or precipitation type being modified, such as snow or rain from stratiform clouds, rain or hail from cumuliform clouds, etc. C. On the daily log sheet for the last day of each month, give monthly totals for Columns (2, 5, 8, and 9-12) North Dakota North Dakota Weather Modification Board rules and regulations relating to weather modification operations and rules of practice and procedure pertaining to hearings before the board (Adopted on July 1, 1976, North Dakota Century Code Chapter 2-07—Weather Modification) State of North Dakota, Bismarck, N. Dak,, May 18, 1976. Mr. Martin R. Shock, Director, North Dakota Weather Modification Board, Bismarck, N.D. Dear Mr. Shock We have examined the proposed regulations titled 'Rules : and Regulations of the North Dakota Weather Modification Board' and 'Rules of Practice and Procedure Before the North Dakota Weather Modification Board' which you submitted to this office by your letter of April 30, 1976. From our examination, it is our opinion that when they have been duly adopted by the Weather Modification Board, and filed in accordance with Chapter 28-32 of the North Dakota Century Code, they will be valid and binding regulations having the force and effect of law. Sincerely, Allen I. Olson, Attorney General. Rules and Regulations of the North Dakota Weather Modification Board r2-07-01 general provisions 01.100 Scope : These regulations are promulgated pursuant to Chapter 2-07 of the North Dakota Century Code and shall apply to any weather modification operation conducted wholly or partially within the state of North Dakota. These regulations shall be applied in conjunction with Chapter 2-07.

; : ; 692 01.200 Definitions As used in these regulations, the following words shall have : the meaning given to them below unless otherwise made inappropriate by use and context. Words not defined in this section shall have the meaning given to them in Chapter 2-07. 01.201 'Act' shall mean Chapter 2-07 of the North Dakota Century Code. 01.202 'Applicant' shall mean any person who applies for a professional weather modification license pursuant to the provisions of the Act and these regulations. 01.203 'Board' shall mean the North Dakota Weather Modification Board. 01.204 'Director' shall mean the Executive Director of the North Dakota Weather Modification Board. 01.205 'License' shall mean a weather modification license issued under these regulations and Section 2-07-03.3 of the Act. 01.206 'Licensee' shall mean a person to whom a license has been issued. 01.207 'Permit' shall mean a weather modification permit issued under these regulations and Section 2-07-04 of the Act. 01.208 'Permittee' shall mean a person to whom a permit has been issued. 01.209 'Operations area' shall mean an area in which weather modification operations are conducted. 01.210 'Target area' shall mean an area in which the effects of weather modifi- cation are desired. 01.211 'Weather modification apparatus' shall mean any device used to dis- pense any chemical material used to modify any weather condition. 01.300 Administration : Except as otherwise provided in Sections 05.204 and 10.203 of these regulations, the powers and duties of the Board shall be exercised by the Director and such other persons as he may direct. R2-07-02 EXEMPT ACTIVITIES 02.100 Notice to Board Any person intending to conduct any exempt activities : under the provisions of Section 2-07-03.1 of the Act shall furnish notice of such intention to the Board at least thirty (30) days prior to the time such activities are to begin. Notice shall consist of the following information and such other information as the Board deems necessary. 02.101 Name and address of the person giving notice ; 02.202 Name and address of the person who will conduct the activity 02.203 A description of the procedures to be used in the operation or the re- search and development 02.204 A description of the object of the activity : 02.205 The legal description of, and a map showing the area of, the operations area and target area, if any ; 02.206 The date upon which the activity is to commence and its approximate duration and ; 02.207 A description of the equipment to be used in conducting the activity. 02.20K Approval of Exempt Activities : No weather modification activity in- tended to be conducted pursuant to the provisions of Section 2-07-03.1 of the Act shall be commenced without prior approval of the Board if such activity is to be conducted in the out-of-doors with weather modification apparatus. The Board may approve only those activities which provide for the protection of the health, safety and welfare of those persons who may be affected by such activ- ities, and which otherwise comply with the provisions of Section 2-07-03.1. R2-07-03 ACQUISITION OF LICENSE 03.100 License Required: Every person intending to conduct operations in this state shall designate to the Board, on forms furnished by the Board, at least one natural person who shall at all times be physically present during all operations for which a permit is required and who will be in control of such operations. 03.200 Criteria for Issuance: The competence of any applicant to engage in weather modification operations shall be demonstrated to the Board pursuant to Section 2-07-03.3 of the Act upon the showing that the natural person desig- nated by the applicant pursuant to Section 03.100 has 03.201 A minimum of one year of field experience in the management and con- trol of weather modification operations or research ; and 06.202 One of the following requirements : (l)Four additional years experience in weather modification operations or research ; or

: 693 (2) A degree in mathematics, engineering, or the physical sciences, plus two years additional experience in weather modification operations or re- search ; or (3) A degree in meteorology: or a degree in engineering, mathematics, or the physical sciences which includes at least twenty-five semester hours of course work in meteorology. In determining competency, the Board may also consider any other items to be set forth in a license application pursuant to Section 03.300. 03.300 Application Procedure An applicant for a license shall apply to the : Board on forms supplied by the Board. The forms may require relevant informa- tion about the knowledge and experience of the applicant and the natural person designated under Section 03.100, and shall include the following 03.301 Educational background, at the college and graduate level of both the natural person designated by the applicant and the other employees of the applicant. This includes the dates of attendance and of graduation, the major and minor subjects (including the number of semester hours of meteorological course work), the degrees received, and the titles of any thesis and/or dis- sertation. 03.302 Experience in weather modification or related activities of both the natural person designated by the applicant and the other employees of the applicant. Attention should be given to experience with reference to meteorological conditions typical of North Dakota. The applicant should list the dates of each position held by the natural person designated pursuant to Section 03.100, the title of the position (indicate whether it was of subprofessional or professional level), the name and address of the employer, a description of the work done (indicate both the magnitude and complexity of the work and the duties and degree of responsibility for the work), and the name and address of the super- visor. 03.303 Scientific or engineering society affiliations of the natural person desig- nated by the applicant and the grade of membership in and certification by each. 03.304 Publications, patents and reports of the natural person designated by the applicant. 03.303 Three references who will attest to such natural person's character, knowledge and experience. 03.306 A list of all jurisdictions in which the applicant has previously filed application for a professional weather modification license. The results of the, applications should be indicated. 03.307 Indication whether a professional weather modification license issued to the applicant in any jurisdiction has ever been suspended or revoked or whether there has been refusal to renew such a license by any jurisdiction. If the answer is yes. the circumstances must be explained in detail. 03.400 Procedure for Issuance : The Board shall evaluate the applications, including responses from any references given by the applicant. On the basis of all such information the Board shall, within thirty days of receipt of an application, determine whether the natural person designated by the license applicant under Section 03.100 meets the education and experience criteria established by subsections 03.201 and 03.202 and whether such person and the applicant possess the knowledge and experience necessary to engage in weather modification operations and shall issue a license to the applicant who satisfies the requirements of these regulations and Section 2-07-03.3 of the Act. If an applicant for a license or the natural person designated by the applicant do not satisfy any of such requirements, the Board shall deny the license. 03.500 Renewal of License : Forty-five days before expiration of licenses, the Board shall mail license application forms to all licensees and request each licensee to complete the form and file the original with the Board. The Board shall evaluate the available data about the licensee and the natural person desig- nated by the license applicant under Section 03.100 and shall issue a renewal license within thirty days of receipt of the application to each applicant who pays the license fee established by Section 2-07-03.3(1) of the Act and who has the qualifications necessary for issuance of an original license. The Board shall deny a renewal license within thirty days of receipt of the application of each applicant who does not pay the renewal fee or who does not possess the qualifi- cations necessary for issuance of an original license or who does not designate a natural person, pursuant to Section 03.100, who satisfies the requirements of Section 03.200.

: ; ; ; : ; ; ;; ; ; ; ; ; 694 03.600 Responsibility of Controller: The natural person designated by the license applicant under Section 03.100 is deemed by the Board to be in control of and primarily responsible for operations conducted under the terms of any permit. However nothing in this section shall be construed to prevent appropriate enforcement of any regulation, limitation, permit condition, or order against either the permittee, or licensee, whether or not such licensee is a natural person. R2-07 04 LICENSES-SUSPENSION, REVOCATION AND RESTORATION 04.100 Suspension, Revocation, Refusal to Renew a License: The Board may suspend, revoke or refuse to renew a license for any one or any combination of the following reasons : 04.101 Incompetency 04.102 Dishonest practice 04.103 False or fraudulent representation in obtaining a license or permit under the Act or these Rules 04.104 Failure to comply with any of the provisions of the Act or of these Rules and ; 04.105 Violation of any permit or permit condition. 04.200 Restoration of License : At any time after the suspension or revocation of a license or after refusal to renew a license the Board may restore it to the licensee or renew it upon a finding that the requirements for issuance of an original license have been met by the licensee. R2-07-05 PERMITS—APPLICATION, CRITERIA, ISSUANCE 05.100 Application for Permit : Application for a weather modification permit shall be made on forms furnished by the Board. A properly executed application shall be submitted to the Board by every applicant. The application may con- tain such information as the Board deems necessary, and shall include the fol- lowing information 05.101 Name and address of the applicant 05.102 Whether a weather modification operational permit issued to the applicant in any jurisdiction has ever been suspended or revoked or whether there has been refusal to renew such a permit by any jurisdiction. If the answer is yes, the circumstances must be explained in detail 05.103 If the applicant is a corporation, whether it is licensed to do business in North Dakota 05.104 Whether a license has been issued under Section 2-07-03.3 of the Act, and if so, the names, addresses and professional license numbers of the controller (s) ; 05.105 Whether professional weather modification licenses issued to such licensee (s) in any jurisdiction have ever been suspended or revoked or whether there has been refusal to renew such license (s) by any jurisdiction. If the an- swer is yes, the circumstances must be explained in detail 05.106 Whether proof of financial responsibility has been furnished in accord- ance with Section 2-07-O4-3 of the Act and regulation R2-07M)8 ; 05.107 If the operation will be conducted under a contract, the value of the contract 05.108 If the operation will not be conducted under a contract, an estimate of the costs of the operation and information as to how the estimate was made 05.100 Whether the applicant has paid the application fee 05.110 Whether the applicant has North Dakota workmen's compensation coverage 05.111 A copy of any promotional and advertising material used in connec- tion with negotiations for the contract (if any) ; 05.112 Whether the applicant has furnished a performance bond, as required by subsection 10.204 of these rules ; 05.113 Whether the applicant has furnished a bid bond, as required bv Section 2-07 09.1 of the Act or, 1 i Whether the applicant has registered all pilots and aircraft to be used 1 in the operation for which the permit is sought with the North Dakota Aero- nautics Commission. 05.115 A complete and detailed operational plan for the operation which includes ( 1 ) The nature and object of the operation : (2) The legal descriptions of. and a map showing the operations area, and the target, area ;

; ; : ; 695 (3) The approximate starting date of the operation and its anticipated duration (4) The kind of seeding agent (s) intended for use and the anticipated rate of their use (5) A list of equipment which will be used and the method (s) of seeding for which they will be used ; (6) An emergency shutdown procedure which states conditions under which operations will be suspended because of possible danger to the public health, safety and welfare or to the environment (7) The means by which the operation plans will be implemented and carried out; such as the location of the main operational office and any other offices used in connection with the operation, the location of such ground equipment as seeding generators, radar and evaluation instrumen- tation, the number and kinds of aircraft which will be used and the extent to which weather data will be made available to the licensees and other personnel carrying out the project and ; (8) How conduct of the operation will interact with or affect other weath- er modification operations. 05.116 The application shall show an acceptable plan for evaluation of the operation by the use of surface data reasonably available to the applicant. 05.117 Such additional information as will assist the Board in deciding whether or not to issue the permit. 05.200 Procedure for issuance : 05.201 Notice The Board shall give notice of its consideration of an applica- : tion in accordance with Section 2-07-04.1 of the Act. Notice shall be given once a week for two consecutive weeks. The notice shall (1) Describe the primary target area. (2) Describe the operations area. (3) Specify the period of operation including starting and ending dates. (4) Describe the general method of operation. (5) Describe the intended effect of the operation. (6) State the name of the proposed permittee. 05.202 Hearings : The Board shall allow twenty days for public comment, in accordance with Section 2-07-04.1 of the Act. from the date of the last pulbica- tion of the notice. Any hearing held upon objection received by the Board or any hearing held upon the Board's own motion shall be held upon at least ten days notice in the county newspaper in which notice of consideration of the applica- tion was published. At any such hearing, the Board shall make a brief record of testimony received, and shall consider all such testimony in its decision on the permit application. 05.203 Director's Recommendation : At the close of the public comment period provided for in Section 2-07-04.1 of the xVct. the Director of Weather Modifica- tion Board shall review all applications for permits which have been received and shall recommend approval or disapproval of such applications and the reasons therefor. 05.204 Final Action by Board The Board shall take final action on all applica- : tions for permits for which notice of consideration was published, pursuant to Section 2-07-04.1 of the Act within 45 days of the close of the public comment period. Approval of applications considered shall be by majority vote. In acting on any such applications, the Board shall consider any recommendations made by the Director of the Board and all testimony received at any hearing pursuant to Section 2-07-04.1 of the Act. The Board may issue a permit only if it determines that the requirements of Section 2-07-04(2) of the Act have been met. R2-07-06 PERMITS FORM, CONDITIONS, EXPIRATION 06.100 Permit form : Each permit shall set forth the permit number, effective period of the permit, name of the permittee, the name of the licensee and the license number, the location of the operation, and such other information, terms or conditions as the Board shall deem appropriate. 06.200 Permit conditions : The Board may attach to any permit such condi- tions as it may deem appropriate, including any conditions concerning method and time of operation, target and operation areas, safety precautions and record keeping. The Operations Manual for Hail Decrease and Precipitation increase is hereby made a condition of all permits issued and all permits shall be subject thereto. Violation of any permit or any permit condition may result in permit revocation or suspension or other appropriate enforcement action by the Board.

; ; : 696 06.300 Permit expiration AM permits shall expire in accordance with Section : 2-07-04 of the Act and shall not be renewable. R2-07-07 PERMITS—SUSPENSION, REVOCATION, MODIFICATION AND RESTORATION 07.100 Suspension, Revocation, Modification The Board may suspend, revoke, : or modify any permit or any provision or condition of a permit if it appears to the Board that the permittee no longer has the qualifications necessary for the issuance of an original permit or has violated any provisions of the Act, the terms or conditions of any permit, or any of these regulations. Any provisions or conditions of a permit may be revised in accordance with the provisions of Section 2-07-04.2 of the Act. 07.200 Automatic Suspension of Permit : Any permit issued to any person under these regulations shall be suspended automatically if such person's weather modifcation license expires or is suspended, revoked or not renewed by the Board. Automatic suspension shall result in the case of a permit issued to a corporation, partnership, or other business association, if the natural person designated as being in control of the operation in such business association's application for a weather modification license becomes incapacitated, leaves his employment, or is in any way unable to continue in control of the operation. A I>ermit of a business association suspended under such circumstances may be reinstated by the nomination of replacement personnel in accordance with Section 03.100 of these regulations. 07.300 Restoration of Permit : At any time after the suspension, revocation or modification of a permit the Board may restore it to the permittee, or delete any modification thereof, upon a finding that the requirements for issuance of an original permit have been met by the permittee, or that the conditoins requir- ing modification no longer exist. R2-0 7-08 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 responsibility may be shown by : 08.100 Presentation to the Board of, or proof of purchase of. a prepaid non- cancellable insurance policy or a corporate surety bond issued by a company against whom service of legal process may be made in North Dakota against such liabilities in an amount five times the value of an operation conducted under contract or in an amount five times the estimated costs of an operation not conducted under contract ; or 08.200 Depositing with the Board cash or negotiable securities in an amount five times the value of an operation conducted under contract or in an amount five times the estimated costs of an operation not conducted under contract. 08.300 Any other manner approved by the Board. R2-07-09 RECORD KEEPING AND REPORTS 09.100 Records 09.101 Daily Log Each permittee shall fill in and retain a daily log of weather : modification activities for each unit of weather modification apparatus used during an operation. Such log shall include a record of the following information for each day of weather modification operations. ( 1 ) Date of the weather modification activity ; (2) Each aircraft flight track and location of each radar unit during each modification mission. Maps may be used ; (3) Local time when modification activity began and ended. For inter- mittent operations, the beginning and ending time of the total sequence are acceptable (4) Duration of operation of each unit of weather modificaiton apparatus, in hours and minutes ; (5) Description of type of modification agent(s) used; (6) Rate of dispersal of agent during the period of actual operation of weather modification apparatus, by hour cr other appropirate time period; (7) Total amount of modification agent used. If more than one agent was UMd, rejK)rt total for each type separately ; (8) Local time when any radar monitoring operations were turned on and turned off

: ; : : ; ; ; : 697 (9) Type of clouds modified; that is, whether they were stratiform, iso- lated cuniuliform. organized cumuliform or other types of clouds (10) Remarks indicating such operational problem as equipment failure, weather conditions not conducive to successful performance of the operation, personnel problems and the like. 09.102 Monthly Totals : Monthly Totals shall be kept on the basis of the daily logs, listing the total (1) Days during month in which operation conducted ; (2) Time of operation ; (3) Amount of each kind of agent used ; (4) Average rate of dispersal of each kind of agent used (5) Days of each type of cloud treated and ; (6) Duration of operation of each unit of weather modification apparatus, in hours and minutes. 09.103 Weather Records Each permittee shall obtain and retain copies of all daily precipitation total records available from the National Weather Service stations for the target area. 09.104 Addresses of Participants Each permittee must keep a roster of the names and North Dakota addresses of all employees participating in the state on an operation for which a permit has been issued. 09.105 Inspection Duly authorized agents of the Board shall have the authority to enter and in- spect, any equipment and to inspect any records required by this regulation and to make copies thereof. 09.106 Exempted Weather Modification Activities All persons conducting weather modification activities exempted by the Board under the provisions of Section 2-07-03.1 of the Act shall record and maintain all of the records required of any permittee by this regulation. 09.200 Reports 09.201 Monthly : Within ten days after the conclusion of each calendar month, each permittee shall submit a written report to the Board which shall include (1 ) A copy of the summary record prepared under 09.102 ; (2) A copy of the roster of the names and North Dakota addresses of all employees participating in state operations which were prepared under 09.104 (3) A copy, of the federal interim activity report form filed for that month with the National Oceanic and Atmospheric Administration in accordance with the rules adopted under the authority of Public Law 92-205 ; and (4) A narrative account of the manner in which operations during the month did not conform to the operational plan filed in accordance with 00.101(15). 09.202 Final : Within thirty days after final completion of any operation, each permittee shall file with the Board a final report on the operation which shall include (1) Copies of the logs prepared in accordance with 09.101, copies of the weather records obtained in accordance with 09.103 and, copies of the totals for the entire operational period from the monthly summary records pre- pared under 09.102 (2) A copy of the federal final activity report form filed with the National Oceanic and Atmospheric Administration in accordance with the rules adopted under the authority of Public Law 92-205 and ; (3) A narrative account of the manner in which the operation did not confirm to the operational plan filed in accordance with 05.101(15). 09.203 Evaluation : Within sixty days after completion of any operation for which a permit was issued, each permittee shall file with the Board a narrative evaluation of the operation. The data for this report shall be assembled and evaluated in accordance with the evaluation plan prepared in compliance with 05.101(16). 09.204 Exempted Weather Modification Activities : The Board may, in its discretion, require persons operating weather modification activities exempted under R2-07-02 but who have been required to keep records pursuant to this regulation, to file all or any part of such records with the Board.

: : ; ; 698 R2-07-10 BIDDING AND AWARD OF CONTRACTS 10.100 Bid Procedure 10.101 Advertisement and Reauest for Bid: (1^ In all cases where the Board shall undertake to contract for services, supplies, or materials, the estimated cost of which shall exceed $10,000 for any one contract, the Board shall advertise for bids for such services, supplies, or materials. Such advertisement shall he placed for three consecutive weeks in the official newspaper of the county in which the Board's offices are located and in at least one official newspaper in general circulation in the state. In the case of contracts for weather modifica- tion operations, such advertisement shall also be placed in some trade publica- tion of general circulation among those groups most likely to bid on the contract. The advertisement shall state (a) That any prospective bidders may secure such contract specifications and requirements as may be available by applying in writing to the offices of the Board. (b) The place where and the day and hour when the bids will be opened (c) That the right of the Board to reject any and all bids is reserved (d) Each bid 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 within this state, con- ditioned that if the bid be accepted and the contract awarded to him, he, within ten days notice of award, will execute and effect a contract in ac- cordance with the terms of his bid and a contractor's bond in the manner specified by subsection 10.204. (e) No bid will be read or considered which does not fully comply with the above provisions concerning bonding and no contract will be awarded to any person who has not complied with any applicable licensing require- ments of the Board. (2) In the case of contracts for weather modification operations, the Board may, in addition to the requirements of subsection 10.101(1), prepare a request for bid in which it shall describe the minimum requirements for aircraft, radar, communications and other equipment, operational and such other requirements as it may deem necessary. Such request for bid shall include those items of informa- tion specified in subdivisions (b) through (e) of subsection 10.101(1). The re- quest may be sent by the Board to those persons having a recognized interest in operations contracts. 10.102 Opening of Bids: At the time and place designated in the request for bids, the Board shall conduct a public hearing at which it shall open all bids received. After opening each bid, the Board shall determine whether such bid meets the minimum requirements set forth in the Act, these regulations, and the request for bid, and then read aloud each bid meeting such minimum re- quirements. Bids which do not meet such minimum requirements shall not be read or considered. 10.200 Award of contracts : 10.201 Deviation from technical requirements Any or all bids may be rejected : by the Board on the basis of technical inadequacy or other failure to comply with the specifications included in the request for bids. Bids which are technically adequate but which show price quotations beyond the budget restrictions may be negotiated with the Director for reduction in equipment and/or services either required by, or bid over and above the requirements of, the request for bid. All such negotiations shall be conducted at the discretion of the Board. 10.202 Point scoring system to be used : Bidders for weather modification op- eration contracts shall be evaluated on the basis of the amount of the bid sub- mitted and a system of points allotted to each bidder for evaluation criteria estab- lished by the Board. Sole authority for establishment of point values and scoring shall rest with the Director. Point scores assigned shall be final and non-nego- tiable. Previous experience and performance shall be a criteria to be considered in scoring each bidder. The bidder scoring the lowest cost per point shall be awarded the contracts in accordance with subsection 10.203. 10.203 Low bid-preference for North Dakota bidders: In awarding any con- tract, tlx- Board shall award it to the lowest and best bidder, and shall, if all other factors are equal, give that preference for North Dakota bidders estab- lisbed by Section 44-0S-01 of the North Dakota Century Code. 10.204 Contractor's bond : Before the Board shall award any contract, it shall require the Contractor to furnish a surety bond for the faithful performance of the

699 contract in the amount of twenty-five percent of the contract price, conditioned that the contractor and his agents will, in all respects, faithfully perform all weather modification contracts undertaken with the Board and will comply with all provisions of the Act, these regulations, and the contract entered into by the Board and the contractor. Rules of Practice and Procedure Before the North Dakota Weather Modification Board r2s-3 2-01 general provisions 01.100 Scope The provisions of these regulations shall apply to all hearings : held by the Board for the purposes of adjudicating the rights of parties under Chapter 2-07 of the North Dakota Century Code. These regulations shall provide procedures in addition to or in explanation of those procedures provided by such chapter and Chapter 28-32. 01.200 Liberal Construction : These regulations shall be liberally construed in order to secure just, speedy, and inexpensive determination of the issues presented. 01.300 Suspension of Rules : The Board or any hearing officer shall have the right, upon either its own motion or the motion of any party, to suspend the operation and effect of these regulations or any portion thereof, whenever the public interest or the interests of any party to a proceeding shall not be sub- stantially prejudiced by such suspension. 01.400 Definitions: As used in these regulations, the following words shall have the meaning given to them below, unless otherwise made inappropriate by context. 01.401 'Board' shall mean the North Dakota Weather Modification Board. 01.402 'Hearing Officer' or 'Officer' shall mean the person appointed by the Board to call and conduct a hearing. 01.403 'License' means a professional weather modification license issued under the provisions of Chapter 2-07. 01.404 'Order' shall mean any written command or direction made by the Board as provided by law. 01.405 'Person' shall mean any real person, county, municipality or other political subdivision, department, agency or commission, any public or private corporation, any partnership, asociation or other organization, any receiver, trustee, assignee, or other legal entity, other than a court of law T , or other legal representative of the foregoing but does not include the Board. 01.406 'Permit' means a weather modification permit issued under the provi- sions of Chapter 2-07. 01.500 Case Numbers and Title : Each matter coming formally before the Board for hearing will be known as a case and shall be given a docket number and title, descriptive of the subject matter. Such number and title shall be used on all papers in the case, and as far as possible, any communication to the Board in any particular case shall bear the number of said case. 01.600 Personal Appearances : Participants may appear in any proceeding in person or by an attorney or other representative qualified under Section 01.703. An individual may appear in his own behalf, a member of a partnership may represent the partnership, a bona fide officer or duly authorized employee of a corporation, association or group, and an officer or employee of a state agency, of a department or political subdivision of the state or other governmental authority, may represent the state agency or the department or the political subdivision of the state or other governmental authority in any proceeding. 01.700 Practice Before the Board : 01.701 Person in own interest Any person may appear before the Board in his : own right if he has a bona fide interest in the subject matter of the proceeding. 01.702 Attorneys : Attorneys at law who are admitted to practice before the courts of the state of North Dakota may represent any party to a proceeding. Any member of the bar of another state may be permitted by the Board to appear in and conduct a case or proceeding while retaining his residence in another state. 01.703 Other Persons Any other person who shall file proof to the satisfaction : of the Board that he is possessed of necessary legal or technical qualifications to enable him to render valuable service may be permitted to practice before the Board.

: : 700 01.704 Rules of Conduct : All persons appearing before the Board must conform to the standards of ethical conduct required of practitioners before the courts of the state of North Dakota. 01.800 Parties 01.801 Parties Any person whose legal rights, duties, or privileges may be de- : termined in the case for which the hearing may be held shall be a party. When a hearing is held pursuant to a request for a hearing, the person making the request shall be a party. The Board shall be a party in any action to enforce any regulation, statute, permit, condition, or order of the Board. Any person who has properly intervened in a case shall be a party. 01.802 Petitioner Any person seeking reconsideration, as provided by law, of : any administrative action taken pursuant to law and these regulations, shall be styled the petitioner. 01.803 Respondent Any person against whom any complaint is filed or order : issued under these regulations shall be styled the respondent. 01.804 Intervenor : Persons petitioning to intervene when admitted as a partici- pant to a proceeding shall be styled intervenors. Admission as an intervenor shall not be construed as recognition by the Board that such intervenor might be aggrieved by any order of the Board in such proceeding. 01.805 Complainant : Persons who complain of any act or omission in violation of any statute, regulation or permit of the Board shall be styled complainants. 01.900 Investigation Upon the Board's Own Motion : The Board may at any time, upon its own motion, or upon the complaint of any person, institute investi- gations and order hearings in any thing done by any person which the Board may believe is in violation of the law or any order, regulation or permit of the Board. The Board may secure and present such evidence as it may consider necessary or desirable in any proceeding in addition to the evidence presented by any other party- 01.1000 Computation of Time : 01.1001 In determining the day upon which an answer must be served pursuant to Section 28-32-05, the day of the hearing and the last day upon which an answer may properly be received shall not be included in computing the required three- day time period. If the day upon which the answer is due falls on a Saturday, Sunday, or legal holiday, the answer shall be due on the preceding business day. 01.1002 In computing any period of time prescribed or allowed by these rules, other than that time period set out in subsection 01.1001, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Sunday or legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday. When the period of time prescribed or allowed is less than seven days, intermediate Sundays and holidays shall be excluded in the computation. 01.1100 Service: For the purposes of these Rules, service or filing shall be deemed to have occurred upon actual receipt of the document served or filed. 01.1200 Record : Unless any party demands otherwise at least ten days prior to the date of hearing, a written summary record or tape recording of the proceeding will be made and filed. If demanded, the Board shall cause a verbatim transcript to any proceedings to be made at the expense of the demanding parties. The time period required herein shall be computed, as nearly as practicable, by that method specified in Section 01.1001. R2 8-3 2-0 2 PLEADINGS 02.100 Informal Complaint : Informal complaints may be made orally or in writing addressed to the Board. Letters of complaint to the Board will be con- sidered as informal complaints. Matters thus presented will be handled by corre- spondence or by other informal communications, or by conference with the party or parties complained of, or by formal investigation instituted by the Board upon its own motion, or in such other manner as the Board shall deem to be appropriate and warranted by the facts and the nature of the complaint in an endeavor to bring about satisfaction of the complaint without formal hearing. 02.200 Formal Complaints 02.201 Complaints shall be made by the Board on its own motion by complaint in writing, setting forth any act or tiling done or omitted to be done in violation or claimed to be violation of any provision of law or of any order, rule, regula- tion, or permit of the Board.

: 701 02.202 Each formal complaint shall show the venue, 'Before the North Dakota Board of Weather Modification' and shall contain a heading, 'In the Matter of', showing the name and address of the respondent. The complaint shall be so drawn as to fully and completely advise the respondent or the Board of the facts con- stituting the ground of the complaint ; the provisions of the statutes, regulations, orders, or permit relied upon ; the injury complained of ; and shall contain a clear, concise statement of the relief sought. 02.203 The Board shall serve a true copy of the complaint and notice for hear- ing upon the respondent personally, or by registered or certified mail, as the Board may direct, in such time as provided by law before the time specified for hearing thereof unless the service of such complaint or notice of hearing is waived, in writing, by the respondent, or unless the parties agree upon a definite time and place for hearing thereof with the consent of the Board ; provided, how- ever, that in case of an emergency, the Board shall notice a proceeding for hearing upon its merits as provided by law. 02.300 Order to Show Cause 02.301 The Board may, by order, compel any person who it believes is violating any law, regulation, or order of the Board subject to enforcement by these regula- tions, or any person who has been granted a permit, to show cause why such law, regulation or order should not be enforced against such person or why such permit should not be suspended, revoked or modified, either in whole or in part. 02.302 An order to show cause shall specifically advise the respondent of the facts of the violation and law applicable thereto and of the time and place of the hearing to be conducted on the order. 02.303 If the Board finds that the respondent is committing or is about to com- mit an alleged violation, it may order the respondent to cease and desist from the acts constituting the violation. The Board may also, or in lieu thereof, enter any other just and reasonable order. 02.400 Petition for Hearing Any petitioner requesting the Board to review by : hearing, as provided by law, any Board action, rule, or regulation, shall file with the Board a petition, which may be in letter form, advising the Board of the facts constituting the grounds for the petition, the injury complained of and a clear and concise statement of the relief sought. 02.500 Answers: 02.501 Each answer filed with the Board shall be designated as an 'answer' shall contain the correct title of the proceeding, and a specific denial of such ma- terial allegations of the complaint as are controverted by the respondent and also a statement of any new matter which may constitute a defense. If the answering party has no information or belief upon the subject sufficient to enable him to an- swer an allegation of the complaint, he may so state in his answer and place his denial upon that ground. The filing of an answer will not be deemed an admission of the sufficiency of the complaint. 02.502 An answer must be signed and verified by the respondent filing the same. 02.503 Two true and correct copies of the answer shall be served upon the Board personally or by registered mail, at least three days before the time specified in the complaint for hearing. 02.600 Response to Petition for Hearing : 02.601 Upon receiving a petition for hearing upon any matter, as provided by law, the Board shall, within thirty (30) days of such receipt, serve upon the petitioner, a response to the petition. Such response may be in letter form and shall state the decision of the Board whether or not to hold the requested hearing. If a hearing is granted, the response shall state the date upon which the petition- ing party may appear to be heard, and such other conditions of the hearing as the Board may determine. If the requested hearing is denied, the reasons for such denial shall be clearly stated. This subsection shall not apply to hearings on emergency orders. 02.602 Upon receiving a petition for hearing pursuant to an emergency order, as provided by law, the Board shall set a date for hearing to be held within ten (10) days of receipt of such petition and shall notify the petitioner of such date and of such other conditions of the hearing as the Board shall determine. 02.700 Intervention : In any formal proceeding, any person having a substan- tial interest in the subject matter of such proceeding may petition for leave to intervene in such proceeding and may become a party thereto upon compliance with the provisions of this rule. In general, such petitions will not be granted unless it shall be found that such person has a statutory right to be made a party to such proceedings or that such person has a property, financial, or other legally- 34-857 O - 79 - 47

; 702 recognizable interest which may not be adequately represented by existing parties, and such intervention would not unduly broaden the issues or delay the pro- ceeding. 02.701 A petition for leave to intervene shall be in writing, unless made at the commencement of a hearing, and must set forth the grounds of the proposed inter- vention, the position and interest of the petitioner in the proceeding, and whether the petitioner's position is in support of or in opposition to the relief sought. 02.702 A written petition for leave to intervene in any proceeding may be filed prior to or at the commencement of the hearing, but not after commencement, except for good cause shown. 02.703. The petitioner shall furnish a copy of any written petition to each party to the proceeding, including the Board. 02.704 Admission as an intervenor shall not be construed as recognition by the Board that such intervenor might be aggrieved by any act of the Board in such proceeding. 02.800 Amendments The Board, prior to any hearing, or the hearing officer dur- : ing any hearing, may, after notice to the other parties to a proceeding, allow any pleading to be amended or corrected or any omission therein to be supplied, provided that if any such amendment, when allowed, so alters or broadens the issues that it appears proper, the Board may permit any party affected thereby a reasonable time to prepare to meet the changed issues. 02.900 Withdrawal of Pleading A party desiring to withdraw a pleading file : with the Board may file a notice of withdrawal thereof with the Board. Such notice shall set forth the reason for the withdrawal. A copy of such withdrawal notice must be served upon all other parties to the proceeding and a certificate of service to that effect filed with the notice of withdrawal. Withdrawal of any pleading in any proceeding in which a hearing has been held or convened shall not be allowed without express permission of the Board. 02.1000 Motions : After a complaint or petition has been served, a request may be made by motion for any procedural or interlocutory ruling or relief proper and desired. All motions not made in the course of a hearing shall be in writing and shall be served on the other parties to the hearing by the moving party. 02.1001 The Board, prior or subsequent to any hearing, or the hearing officer during any hearing, may set any motion for oral argument. 02.1002 The hearing officer designated to preside at a hearing is authorized to rule upon any motion not formally acted upon by the Board prior to the commence- ment of the hearing, wherein the immediate ruling is essential in order to proceed with the hearing and upon any motion filed and made after the commencement thereof and prior to the decision in the proceedings ; provided, however, that no motion made before or during a hearing, a ruling upon which would involve or constitute a final determination of the proceeding, shall be ruled upon by an examiner. 02.1003 Motions not ruled upon by the examiner shall be ruled upon by the Hoard. 02.1004 Appeals from rulings of the examiner on any motion may be takei. as provided in 04.600. R28-3 2-03 PRE-HEARING MATTERS 03.100 Informal Disposition : Informal disposition may be made of any case, or any issue therein, by stipulation, or consent order at any point therein, subject to the approval of such informal disposition, or any terms thereof, by the Board. 03.200 Prehearing Conference A prehearing conference may be held at any time : at the discretion of the Board or hearing officer prior to any hearing. The prehear- ing conference shall be an informal proceeding conducted fairly and expeditiously by the hearing officer, for purposes of identifying and simplifying the issues to be determined, identifying and limiting the number of witnesses, and reaching an agreement on any or all issues of law or fact without the necessity for further hearing thereon. In addition to any offer of settlement, the following are appro- priate for consideration at a prehearing conference : (1) The simplification of issues ; (2 The necessity or desirability of amendment to the pleadings ) ; (3) The exchange and acceptance of service of exhibits proposed to be offered in evidence; (4) The obtaining of admission as to. or stipulations of, facts not remaining in dispute, or the authenticity of documents which may properly shorten the hearing

: : ; ; ; ; ; 703 (5) The limitation of the number of witnesses and ; (6) Such other matters as may properly be dealt with to aid in expediting the orderly conduct of the proceeding. 03.300 Conference Results Stipulated : Upon conclusion of prehearing confer- ence, the parties shall immediately reduce the results thereof to the form of a written stipulation which recites the matters agreed upon, which stipulation shall be filed with the Board. Any such stipulation may be received in evidence at a hearing and, when so received, shall be binding on the parties with respect to the matters therein stipulated. 03.400 Consolidation The Board, upon its own motion, or upon motion by any : party, may order two or more proceedings involving a similar question of law or facts to be consolidated for hearing where rights of the parties or the public interest will not be prejudiced by such procedure. R2 8-3 2-04 HEARINGS 04.100 Hearing Officers: 04.101 Appointment : All hearing officers shall be appointed by the Board. The Board shall appoint a hearing officer within five (5) days of service of a com- plaint or petition. Notification of the appointment shall be made to all parties in such manner as the Board may determine. 04.102 Qualification (1) All appointments hereunder shall be consistent with the purpose of obtaining objectivity and impartiality in making decisions. (2) The hearing officer may be an employee or a member of the Board. The Board may appoint as hearing officer a person who is not an employee or member of the Board. In such event, the hearing officer shall be an attorney at law licensed to practice in the State of North Dakota, unless some other person is agreed upon by all parties ; provided that such hearing officer shall be considered an employee of the Board for the sole purpose of compensation, if any. and authorization to conduct the hearing and recommend findings of fact and a decision to the Board. In all other respects, he shall be inde- pendent of the Board. (3) In all cases, the Board retains discretion to conduct the hearing itself, in which case an employee of the Board shall be the hearing officer. 04.103 Authority : The appointment of the hearing officer shall, to the extent permitted by law, authorize and direct the hearing officer to conduct the hearing and recommend a decision to the Board. When evidence is to be taken in a pro- ceeding, one or more of examiners, when duly designated for that purpose, shall preside at the hearing. An officer duly designated by the Board to preside at a hearing shall have the authority to take any of the following actions in the name of the Board. (1) To regulate the course of hearing (2) To administer oath ; (3) To issue subpoenas ; (4) To take depositions or cause same to be taken (5) To rule upon offers of proof and to receive eivdence (6) To hold appropriate conferences before or during hearings ; (7) To dispose of procedural matters but not to dispose of motions made during hearings to dismiss proceedings or other motion which involves a final determination of proceedings (8) To exclude evidence which is cumulative or repetitious ; (9) To authorize any party to furnish and serve designated late-filed ex- hibits within a specified time after the close of the hearing; (10) To order discovery (11) Within their discretion, or upon direction of the Board, to certify any question to the Board for its consideration and disposition and ; (12) To take any other action necessary or appropriate to discharge the duties vested in them, consistent with statutory or other authorities under which the Board functions and with the rules, regulations and policies of the Board. 04.104 Limitations : Hearing officers shall perform no duties inconsistent with their responsibilities as such. No officer shall in any proceeding for an adjudica- tion required by statute to be determined on the record after opportunity for hearing, consult any person or party on any fact in issue unless upon notice and opportunity for all parties to participate. 04.105 Disqualification

704 (1) Any party may tile a petition with the Board to disqualify any hearing officer. The Board shall determine the petition in accordance with this sub- section and enter its decision on the record. (2) The Board may, for good cause, revoke the appointment of any hearing officer upon the tiling of a petition of a party or upon the Board's own motion. Any such revocation shall be effective upon notice to the officer. (3) A hearing officer shall withdraw from participation in a hearing at any time prior to the final determination if he deems himself disqualified for any reason. (4) Whenever a hearing officer withdraws or is disqualified, the Board shall .appoint another in his place, without the need for such newly appointed officer hearing evidence already presented in the case. 04.200 Discovery: 04.201 Agency Discovery (1) Information Upon request of the Board or the hearing officer, any party to the matter shall furnish to the Board or the hearing officer any information which the party may have which is relevant to the matter under consideration. (2) Examination of Records Upon request of the Board or the hearing officer, any party shall allow the Board or any member, employee, or agent of the Board, when authorized by it or the hearing officer, or the officer himself, to examine and copy any books, papers, records or memoranda pertaining to the matter under consideration. (3) Inspection of Premises Upon request of the Board or the hearing officer, any party shall allow the Board or any member, employee, or agent of the Board when authorized by it or the hearing officer, or the hearing officer himself, to enter upon any of the party's property for the purpose of obtaining information, examining any physical facility, or examining records or conducting surveys or investiga- tions. 04.202 Discovery by Parties : (1) Parties other than the Board may obtain discovery by examination of those public records which are in possession of the hearing officer or the Board. Any party to a case may request the Board or the hearing officer to exercise its powers in subsection 04.201(1) to obtain public information or to issue a subpoena as provided in 05.300. The Board or the hearing officer may grant or deny such requests. A party may request voluntary disclosure of information by any other party. (2) The deposition of any witness or party required in any proceeding before the Board may be taken in the same manner and on the same notice as in an action pending in the district courts of this state. Any person whose deposition is taken shall receive the same fees and mileage as a witness in a civil case in the district courts and such costs shall be paid by the party at whose insistence the deposition is taken. (3) Interrogatories may be issued, in any proceeding before the Board, in the same manner as in an action pending in tbe district courts of this state. 04.300 Appearance: Interested parties shall enter their appearances at the beginning of tbe hearing by giving their name and address and briefly stating whether they appear in support of the complaint or in opposition thereto, or otherwise. All such appearances shall be noted on the record with a notation in whose behalf each appearance is made. Included in such appearances shall be the names of the members of the Board's staff participating in the hearing of in- vestigation and the names of any other persons appearing for the Board. 04.400 Continuance : Before or after any hearing, continuances may be granted by the Board for good and sufficient cause. A motion for such a continuance shall l>e made in writing, filed with the Board, and served on opposing counsel or parties. Such motions shall be presented as far in advance of date fixed for hearing as pos- sible to insure favorable action. The Board may affect a continuance before or after any hearing upon its own motion. The hearing officer may grant oral or writ- ten requests for continuances during any hearing. 04.500 Order of Procedure : In hearings on formal complaints and petitions, fho complainant or petitioner, as the case may be, shall open and close. In hear- ings on an older to show cause, the respondent shall open and close. When pro- ceedings have been consolidated for hearing, the officer shall designate who shall open and close. Intervenors shall follow the parties in whose behalf the interven- tion is made; where the intervention is not in support of an original party, the

: 705 presiding officer shall designate at which stage such intervenor shall be heard. In proceedings where the evidence is materially within the knowledge or control of another party or participant, the foregoing order or presentation may be varied by the officer. 04.600 Appeal to Board From Ruling of Hearing Officer—Offer of Proof An : appeal may be taken to the Board from a ruling officer during the course of a hearing only where extraordinary circumstances necessitate a prompt decision by the Board to prevent detriment to the public interest. Any offer of proof made in connection with an objection taken to any ruling of the hearing officer rejecting or excluding proffered oral testimony shall consist of a statement of the substance of the evidence which counsel contends would be adduced by such testimony ; and, if the excluded evidence in documentary or written form or reference to documents or records, a copy of such evidence shall be marked for identification and shall constitute the offer of proof. 04.700 Oral Argument 04.701 Before Officer When, in the opinion of the hearing officer, time permits, : and the nature of the proceedings, the complexity or the importance of the issues of fact or law involved, and the public interest warrant, such officer may, either on on his own motion, or at the request of any party at or before the close of the taking of testimony, allow and fix a time for the presentation of oral argument imposing such limits of time on the argument as deemed appropriate. Such arguments shall be transcribed and bound with -the transcript of testimony, if a transcript is prepared. 04.702 Before Board : Request for authority to present oral argument before the Board may be made at the time of any appeal taken during the hearing, at the conclusion of the taking or evidence, or on brief, at such time as the Board may allow. The Board will fix the time for oral argument, if allowed and notify the parties. 04.800 Briefs, Proposed Findings of Fact and Conclusions of Law : 04.801 Each party to any proceeding may file proposed findings of fact and conclusions of law, briefs, or memoranda of law ; provided, however, that the Board or hearing officer may direct any party to file proposed findings of fact and conclusions of law, briefs, or memoranda of law. 04.802 The Board or hearing officer shall fix the time for the filing and service of proposed findings of fact and conclusions of law, briefs, or memoranda of law, giving due regard to the nature of the proceeding, the magnitude of the record, and the complexity or importance of the issues involved, and he shall fix the order in which such documents shall be filed. 04.803 Should a party find that it is unable to meet the date for filing and serving proposed findings of fact and conclusions of law, briefs, or memoranda of law, such party shall so notify the Board or hearing officer and the other parties in writing, therein setting forth the reasons for such inability together with a request for an extension of time to a date certain for filing and service. 04.804 When it is ordered that proposed findings of fact and conclusions of law, briefs, or memoranda of law be filed and served by the party initiating the proceeding, and where such party fails to file and serve by the date specified with- out complying with 04.803 above, the Board on its own motion or the motion of any party may, in its discretion, dismiss the proceeding. Such failure in the case of an intervenor, protestant, or respondent may be deemed a waiver of the right to participate further in the proceeding, and the Board on its own motion or the motion of any party may so order. 04.805 Exhibits should not be reproduced in a brief, but may, if desired, be reproduced in an appendix to the brief. Every brief of more than twenty pages shall contain a subject index, with page references, and the pages where the citations appear. All briefs shall be as concise as possible. 04.806 All briefs shall be accompanied by certificate showing service upon all parties or their attorneys who appeared at the hearing. One copy of each brief shall be furnished for the use of the Board unless otherwise directed by the Board or hearing officer. 04.900 Decisions of the Board : In all cases in which more than one member or employee of the Board shall act as hearing officer, only an odd number of members or employees shall so act. In all cases in which any matter shall be heard by more than one hearing officer, sitting jointly, and in all cases in which the Board shall rule on any issue, motion, or objection, the decision of the Board shall be determined by vote.

: 706 R2 8-3 2-0 5 EVIDENCE 05.100 Rules : The admissibility of evidence shall be determined generally in accordance with the practice in the district courts of this state, except to the ex- tent that these rules conflict therewith. However the Board or the hearing officer may waive the usual common law or statutory rules of evidence where such waiver is necessary to ascertain the substantial rights of the public and interested parties. When objection is made to the admissibility of evidence, the hearing officer shall receive such evidence subject to later ruling by the Board. 05.200 Witnesses : Witnesses will be orally examined under oath before the Board or hearing officer. Testimony may also be taken by deposition as provided in 04.202(2) hereof. Written testimony of any witness may be received when properly supported by the oral testimony of its author. 05.300 Subpena : Subpenas for the attendance of witnesses or for the production of documentary evidence, unless directed by the Board upon its own motion, will issue only upon application in writing to the Board, or to the hearing officer, except that during a hearing such application may be made orally on the record before the hearing officer who shall have the authority to determine the relevancy and the materiality of the evidence sought and to issue such subpoenas if war- ranted. Written application shall specify the general relevance and materiality of the testimony or documentary evidence sought, including, as to documentary evidence, specifications as nearly as may be of the documents desired and the facts to be proved by them. The cost of serving any subpoena shall be paid by the party requesting it. Any witness who is subpoenaed under the provisions of this rule and who appears at the hearing shall receive the same fees and mileage as witnesses in the district courts of this state, and such cost will be paid by the part at whose insistence the witness appears. No witness fees will be allowed except on a subpoena. 05.400 Stipulations : The parties to any proceeding or investigation before the Board may, by stipulation in writing, filed with the Board or orally entered in the record, agree upon the facts, or any portion thereof involved in the controversy, and any such stipulation may be received in evidence at a hearing and when so received, shall be binding upon the parties with respect to the matters stipu- lated therein. 05.500 Documentary Evidence 05.501 Where relevant and material matter offered in evidence by any party is embraced in a book, paper, or a document containing other matter not material or relevant, the party must designate the matter so offered. If the other matter is in such volume as w ould unnecessarily encumber the record, such book, paper T or document will not be received in evidence but may be marked for identifica- tion and, if properly authenticated, the relevant and material matter may be read into the record, or if the Board or hearing officer directs, a true copy of such matter in proper form shall be received as an exhibit and like copies de- livered by the party offering the same to all parties or their attorneys appearing at the hearing who shall be afforded an opportunity to examine the entire book, paper, or document and to offer in evidence in like manner any portions thereof found to be material and relevant. 05.502 Any matter contained on a report or other official document on file with the Board may be offered in evidence by merely identifying the report, document, or other file containing the matter so offered. 05.600 Exhibits: 05.601 Exhibits must be on paper of good quality and so prepared as to be plainly legible and durable whether printed, typewritten, mimeographed, photo- graphed or otherwise, and if possible should be folded to a size not to exceed 8% by 14 inches. Whenever practicable, the sheets of each exhibit and line of each sheet should be numbered, and if the exhibit consists of five or more sheets, the first sheet or title page should contain a brief statement of what the exhibit purports to Show with reference by sheet and line to illustrative or typical exam- ple contained in the exhibit. Whenever practicable, documents produced by a single witness shall he assembled and bound together suitably arranged and Indexed so that they may he identified and offered as one exhibit. The source of all material contained in any exhibit should he definitely shown. 05.602 Two copies of each exhibit will be furnished for the use of the Board whenever it shall request; copies must also be available for all parties of record in a proceeding 05.700 Official Notice The Board or the examiner may take notice of any fact : or facts set forth in duly established regulations, annual reports, or any statisti-

707 cal data to which reference is made on the record at the hearing or any facts which are judicially noticed by the courts of this state, as set forth in Section 31-10-02. R2 8-3 2-0 6 REOPENING, REHEARING, REVIEW 06.100 Petition to Reopen : At any time after the conclusion of a hearing, but before entry of the final order by the Board, any party to a proceeding may file with the Board a petition to reopen the proceeding for the purpose of taking additional evidence. 06.101 Such petition shall set forth clearly the facts claimed to constitute the grounds requiring reopening of the proceeding, including the material changes of fact or law alleged to have occurred since the conclusion of the hearing. 06.102 A copy of the petition to reopen shall be served by the petitioning party upon all parties to the proceedings or their attorneys of record, and a certificate to that effect will be attached to the petition when filed with the Board. 06.103 Within ten days following the service of any petition to reopen, any other party to the proceeding may file with the Board his answer thereto. Any party not filing such answer is in default thereof and shall be deemed to have waived any objection to the granting of such petition. If, after the hearing in a proceeding, either before or after the issuance of its final order, or if no hearing has been held, only after the issuance of its final order, the Board shall have reason to believe the conditions of fact or law have so changed as to require, or that public interest requires, the reopening of such proceeding, the Board may issue an order for the reopening of the same. The Board shall act on any petition to reopen within ten days of receipt thereof and may, in its discretion, hear oral argument on any such petition. 06.200 Petition for Rehearing : 06.201 A petition for rehearing of a proceeding must be filed within fifteen days after a copy of the final order has been sent to the petitioning party by the Board. 06.202 Such petition shall state concisely the alleged errors in the Board's de- cision or order and the specific grounds relied upon by the petitioner. If an order of the Board is sought to be vacated, reversed, or modified by reason of matters that have arisen since the hearing and decision or order, or by reason of a conse- quence that would result from the compliance therewith, the matters relied upon by the petitioner shall be set forth in the petition. 06.203 A petition for rehearing shall be served by the petitioner upon all parties to the proceeding or their attorneys of record. 06.204 Within ten days following the service of such petition, any party to the proceeding may file with the Board his answer thereto. Any party not filing such an answer is in default thereof and shall be deemed to have waived any objection to the granting of such petition. 06.205 The Board shall act on any petition for rehearing within ten days of receipt thereof and may, in its discretion, hear oral argument on such petition. 06.300 Appeal Any party to a proceeding conducted pursuant to these rules or : other provisions of Chapter 28-32 shall have the right of appeal, in the manner provided in Chapter 28-32, from any adverse ruling by the Board. Such appeal shall not be a trial de novo but shall be limited to the hearing record and to those issues specified in Section 28-32-19. Utah State of Utah, Department of Natural Resources, Division of Water Resources Rules, Regulations, and Procedures cloud seeding resolution Whereas, the Utah Cloud Seeding Act of 1973, Laws of Utah, Chapter 193, authorizes the Utah Division of Water Resources to adopt such rules and regula- tions as are necessary in the performance of its powers and duties pursuant to the Cloud Seeding to Increase Precipitation Act and Whereas, after careful deliberation and extensive study, the Utah Division of Water Resources has prepared such rules and regulations and has circulated same so far as practical to interested governmental bodies, groups, and indi- viduals for their information and comments and ; Whereas, the Utah Division of Water Resources has considered and deliberated on the form and content of each proposed rule in the light of any and all sugges- tions from its staff, and other interested persons and ;

708 Whereas, the Utah Board of Water Resources at its regular meeting on Septem- ber 26, 1973, considered the proposed Rules and Regulations Relating to Cloud Seeding Activities Now, therefore, be it ; Resolved, That the Utah Division of Water Resources adopt the following Rules and Regulations relating to the Utah Cloud Seeding Act of 1973 on an interim basis, until such time as experience shows that the Rules should be modified. I hereby certify that the above Resolution was adopted by the Utah Division of Water Resources on September 26, 1973. Daniel F. Lawrence, Director, Utah Division of Water Resources. Definitions 1. 'Act' or 'Cloud Seeding Act' means the 1973 Cloud Seeding To Increase Precipitation Act, Laws of Utah, Chapter 193. 2. 'Cloud Seeding' or 'Weather Modification' means all acts undertaken to artificially distribute or create nuclei in cloud masses for the purposes of altering precipitation, cloud forms, or other meteorological parameters. 3. 'Cloud Seeding Project' means a planned project to evaluate meteorological conditions, perform cloud seeding, and evaluate results. 4. 'Board' means the Utah Board of Water Resources, which is the policy making body of the Utah Division of Water Resources. 5. 'Director' means the Director of the Utah Division of Water Resources. 6. 'Utah Division of Water Resources' means the Director and staff of the Utah Division of Water Resources. 7. 'License' means a certificate issued by the Utah Division of Water Resource?? certifying that the holder has met the minimum requirements in cloud seeding technology set forth by the State of Utah, and is qualified to apply for a permit for a cloud seeding project. 8. 'Licensed Contractor' means a person or organization duly licensed for cloud seeding activities in the State of Utah. 9. 'Permit' means a certification of project approval to conduct a specific cloud seeding project within the State under the conditions and within the limitations required and established under the provision of these Rules. 10. 'Sponsor' means the responsible individual or organization that enters into an agreement with a licensed contractor to implement a cloud seeding project Chapter I GENERAL PROVISIONS 1. Authority The State of Utah through the Division of Water Resources shall : be the only entity, private or public, that shall have authority to authorize, spon- sor, and/or develop cloud seeding research, evaluation, or implementation projects to alter precipitation, cloud forms, or meteorological parameters within the State of Utah. 2. Ownership of Water : All water derived as a result of cloud seeding shall be considered as a part of Utah's basic water supply the same as all natural precipi- tation water supplies have been heretofore, and all statutory provisions that apply to water from natural precipitation shall also apply to water derived from cloud seeding. 3. Notice to State Engineer The Director of the Utah Division of Water Re- : sources shall, by written communication, notify the Director of the Utah Division of Water Rights of any applications for cloud seeding permits within ten (10) days of receiving such applications. 4. Consultation and Assistance : The Utah Division of Water Resources may contract with the Utah Water Research Laboratory, or any other individual or organization, for consultation and/or assistance in developing cloud seeding projects or in furthering necessary research of cloud seeding or other factors that may be affected by cloud seeding activities. 5. State and County Cooperation The Utah Division of Water Resources shall : encourage, cooperate, and work with individual counties, multi-county districts for planning and development, and groups of counties in the development of cloud seeding projects and issuance of permits.

: ; : 709 6. Statewide or Areawide Cloud Seeding Project : The State of Utah through the Division of Water Resources reserves the right to develop Statewide or area- wide cloud seeding programs where the Utah Division of Water Resources may contract directly with licensed contractors to increase precipitation. The Utah Division of Water Resources may also work with individual counties, multi- county districts for planning and development, organizations or groups of coun- ties, or private organizations, to develop Statewide or areawide cloud seeding projects. 7. Liability (a) Trespass.—The mere dissemination of materials and substances into the atmosphere or causing precipitation pursuant to an authorized cloud seeding project, shall not give rise to any presumption that such use of the atmosphere or lands constitutes trespass or involves an actionable or enjoin- able public or private nuisance. (b) Immunity.—Nothing in these Rules and Regulations shall be con- strued to impose or accept any liability or responsibility on the part of the State of Utah or any of its agencies, or any State officials or State employees or cloud seeding authorities, for any weather modification activities of any person or licensed contractor as defined in these Rules and Regulations as provided by Laws of Utah, Chapter 63. 8. Rules: (a) Purpose.—The Rules contained herein are adopted for the purpose of ensuring both continued research and appropriate application of weather modification technology to the needs of Utah, and for minimizing the danger of weather modification activities to health and property, thus facilitating administration and enforcement of the State of Utah Cloud Seeding Act of 1973, Laws of Utah, Chapter 193. (&) Use and Limitation.—These Rules are prescribed for the performance of the statutory powers and functions vested in the Utah Division of Water Resources. In no event shall any Rule, or Ru^s, be construed as a limitation or restriction upon the exercise of any statutory power of the Utah Division of Water Resources. (c) Suspension and Waiver of Rules.—The Utah Division of Water Re- sources may suspend or waive a Rule, in whole or in part, upon a showing of good cause ; or when, in the discretion of the Utah Division of Water Resources, the particular facts or circumstances render such suspension or waiver of the Rule appropriate. (d) Amending of Rules.—These Rules may be amended from time to time and new Rules may be adopted by the Utah Division of Water Resources. Chapter II UTAH BOARD OF WATER RESOURCES 1. Review of License and Permit : The Board may review applications for Licenses and Permits and submit recommendations to the Director for his con- sideration for action on the applications. 2. Policy Recommendations: The Board may advise and make recommenda- tions concerning legislation, policies, administration, research, and other matters related to cloud seeding and weather modification activities to the Director and technical staff of the Utah Division of Water Resources. Chapter III WEATHER MODIFICATION ADVISORY COMMITTEE 1. Creation of Weather Modification Advisory Committee An advisory com- : mittee may be created by the Director of the Utah Division of Water Resources. Members of this committee shall be appointed by the Director, and serve for a period of time as determined by the Director. 2. Duties of Weather Modification Advisory Committee (a) Advise the Director and technical staff of the Utah Division of Water Resources on application for licenses and permits (b) Advise and make recommendations concerning legislation, policies, administration, research, and other matters related to cloud seeding and weather modification activities to the Director and technical staff of the Utah Division of Water Resources.

: : ; ; 710 Chapter IV LICENSE AND PERMIT REQUIRED 1. License and Permit Required : It is unlawful for any person or organization, not specifically exempted by law and these Rules, to act or perform services as a weather modifier, without obtaining a license and permit as provided for in the Cloud Seeding Act and these Rules. 2. To Whom License May Be Issued : Licenses to engage in activities for weather modification and control shall be issued to applicants who meet the requirements set out in the Act and Chapter V of these Rules. If the applicant is an organization, these requirements shall be met by the individual or indi- viduals who are to be in control and in charge of the applicant's weather modifi- cation operations. 3. To Whom Permit May Be Issued A permit may be issued to a licensed : contractor as prescribed in Chapter VI of these Rules. 4. License and Permit Not Required : Individuals and organizations engaging in the following activities, and only the for owing activities, are exempt from the license and permit requirements of these Rules : (a) Research performed wholly within laboratory facilities; (b) Cloud Seeding activities for the suppression of fog (c) Fire fighting activities where water or chemical preparations are applied directly to fires, without intent to modify the weather (d) Frost and fog protective measures provided through the application of water and/or heat by orchard heaters or similar devices, or by mixing of the lower layers of the atmosphere by helicopters or other type of aircraft where no chemical are dispensed into the atmosphere, other than normal combustion by-products and engine exhaust and ; (e) Inadvertent weather modification (such as emissions from industrial stacks.) 5. Effective Period of License Each license shall be issued for a period of one : (1) year. A licensee may renew an expired license in the manner prescribed by these rules. 6. Effective Period of Permit : Each permit shall be issued for a period as required by a proposed cloud seeding project, but not exceeding one (1) year. Chapter V PROCEDURES FOR ACQUISITION AND RENEWAL OF LICENSE 1. Application for License : In order to qualify for a cloud seeding license an applicant must (a) Submit a properly completed application to the Utah Division of Water Resources and ; (b) Submit to the Utah Division of Water Resources evidence of (1) the possession by the applicant of a baccalaureate or higher degree in meteor- ology or related physical science or engineering and at least five years' experience in the field of meteorology, or (2) such other training and ex- perience as may be acceptable to the Utah Division of Water Resources as indicative of sufficient competence in the field of meteorology to engage in cloud seeding activities. 2. Renewal of License A licensee may qualify for a renewal of a license by : submitting an application for renewal. In the case of an organization, the appli- cation for renewal must state whether the personnel, on the basis of whose quali- fications the original license was issued, continue to be in control and in charge of the organization's cloud seeding operations or, if the organization has ac- ; quired replacement personnel, that there has been a change in personnel. If the organization has hired replacement personnel, the organization shall attach to its application for renewal a statement setting forth the names and qualifica- tions of said personnel. Licensee should file an application for renewal thirty (30) days prior to the expiration date of his license. Chapter VI PROCEDURES FOR ACQUISITION OF PERMIT 1. Application for Permit : In order to qualify for receipt of a cloud seeding permit a licensee must

; : ; ; ; ; ; ; 711 (a) Submit a properly completed letter of application to the Utah Division of Water Resources, which shall include the name and qualifications of the person or persons who will be in control of, and in charge of the operations for the licensee. These qualifications shall comply with Chapter V Section B-l of these Rules and Regulations (b) Demonstrate to the satisfaction of the Director his ability to respond in damages for liability which might reasonably arise as a result of the ap- plicant's proposed cloud seeding activities ; (c) File a copy of the contract or proposed contract between the sponsor and licensed contractor relating to the project (d) Submit copies of all pamphlets and promotional material distributed in connection with the project (e) Submit the plan of operation for the project, including a map showing locations of all equipment to be used as well as equipment descriptions (f) Receive preliminary approval of the project from the Director before proceeding with notices of intent described in Chapter VI, Item 1, (g) and (h) of these Rules. (g) File with the Utah Division of Water Resources and the Utah Division of Water Rights a notice of intention for publication which sets forth at least all of the following (1) the name and address of the applicant (2) the date he received a proper cloud seeding license, and all dates of renewal (3) the nature and the object of the intended operations, aind the per- son or organization on whose behalf it is to be conducted ; (4) the specific area in which, and the approximate date and time during which, the operation will be conducted ; (5) the specific area which is intended to be affected by the operation ; (6) the materials and methods to be used in conducting the operation ; and (7) a statement that persons interested in such permit application should contact the Utah Division of Water Resources. (h) File with the Utah Division of Water Resources, within fifteen (15) days from the last date of the publication of notice, proof that the applicant caused the notice of intention to be published at least once a week for three (3) consecutive weeks in a newspaper having a general circulation within each county in which the operation is to be conducted and in which the affected area is located. Publication of notice shall not commence until the applicant has received approval of the form and substance of the notice of intention from the Director. 2. Issuance of a Permit A permit shall not be issued prior to the expiration of : ten (10) days following the last date of publication of the notice of intent. 3. Description of Permit A licensee shall comply with all the requirements set : out in his permit. A permit shall include the following : (a) The effective period of the permit, which shall not exceed one year (b) The location of the operation ; (c) The method (s) which may be employed and : (d) Other necessary terms, requirements, and conditions. 4. Authority to Amend a Permit The Utah Division of Water Resources may : amend the terms of a permit after issuance thereof if the Utah Division of Water Resources determines that it is in the public interest. Chapter VII REVOCATION AND SUSPENSION OF LICENSES AND PERMITS 1. Automatic suspension of a Permit Any cloud seeding permit issued under the : terms of these Rules shall be suspended automatically if the licensee's cloud seeding license should expire, or in the case of an organization being the licensee, if the person listed on the application for the permit as being in control of. and in charge of, operations for the licensee should become incapacitated, leave the em- ployment of the licensee, or for any other reason be unable to continue to be in control of, and in charge of, the operation in question ; and a replacement, ap- proved by the Director, has not been obtained. 2. Reinstatement of Permit A permit which is suspended under Chapter VII, : Item 1, may be, at the discretion of the Director, reinstated following renewal of

: ; 712 the expired license, or submission of an amended personnel statement nominating a person whose qualifications for controlling and being in charge of the operation are acceptable to the Director. 3. Director's Authority to Suspend or Revoke Licenses and Permits: The Director may suspend or revoke any existing license or permit for the following reasons (a) If the licensee no longer possesses the qualifications necessary for the issuance of a license or permit (b) If the licensee has violated any of the provisions of the Cloud Seeding Act; (c) If the licensee has violated any of the provisions of these Rules ; or (d) If the licensee has violated any provisions of his license and/or permit. Chapter VIII RECORD KEEPING AND REPORTS 1. Information To Be Recorded : Any individual or organization conducting weather modification operations in Utah shall keep and maintain a record of each operation which he conducts. For the purposes of this Chapter, the daily log required by Title 15, Chapter IX, Sub-Chapter A, Part 908, Section 908.8 (a), Code of Federal Regulations, November 1, 1972, as amended, and the supplemental information required by Sections 908.8 (b), (c), and (d) will be considered ade- quate, provided that each applicant for a weather modification permit submit with his application a list containing the name and post office address of each indi- vidual who will participate or assist in the operation, and promptly report any changes or additions to this list to the Utah Division of Water Resources. 2. Reports: (a) Each individual and organization conducting weather modification operations in Utah shall submit copies of the daily log and supplemental information described in Chapter VIII, Item 1, for each month, to the Utah Division of Water Resources by the last day of each succeeding month. (b) Information copies of all other reports required by Title 15, Chapter IX, Sub-Chapter A, Part. 908, Sections 908.5, 908.6, and 908.7, Code of Fed- eral Regulations, shall be submitted to the Utah Division of Water Resources as soon as practicable, but in no case later than the deadlines set by the Fed- eral Regulation. (c) Copies of all reports, publications, pamphlets, and evaluations made by either the licensed contractor or sponsor regarding a cloud seeding project must be submitted to the Utah Division of Water Resources at the time these are made public. (d) In relation to any evaluations made for cloud seeding effectiveness, both the method of evaluation and the data used shall be submitted to the Utah Division of Water Resources. Chapter IX SUSPENSION OF CLOUD SEEDING OPERATION The policy in regard to suspension of seeding because of potential flood danger due to excessive snowpack shall be as follows : All watersheds in a designated cloud seeding target area shall be monitored 1 monthly by the Director of the Division of Water Resources. 2. When it is determined that any watershed in the designated cloud seeding target area has reached a critical maximum value, a thorough investigation of this watershed shall be conducted by the Division of Water Resources to deter- mine if cloud seeding should be suspended. Washington

1 713 FORM OF OKDLK AND TRANSMIT! M. HY ACiLNC'Y IIAVINf. SlNCl.L HtAl) Stale of \\ jshincion DEPARTM ENT OF ECOLOGY __ (agency name) Administrate Order No. PE '>'>-29 (ill. Elmer C. Voqel, djyujJLydi the Depa r tment of Eco logy, W as h i ngton jo pnmMiFJic ...>j .,j..ni m the Dep a rtment. o i-Ecoiflgy^_j,dce y . repealing chapter 508-20 KPC (Weather Modification Rules) and adopting chapter 173-495 (Weather Modification) . This action is taken since chapter 509-20 KAC is obsolete it. form and content. The new chapter is restructured in currently approved format and contains definitive instructions lrclonenting the intent of chapter 43.37 RCW—Weather Modification. Procedures for license and pormit application are more clearly defined, exerrpt activities are brought into con- sonance with chapter 43.37 FCW, and Proof of Financial Responsibility is defined. VI URN ATIW V I x< mil* 1i*r Adoption of I'crnuncnl Rulrx (2) Thix action ix lakes purxu.ini lo Notice No 7836 I tied with ihe v.mJc reviser on J.0/27/77 v,uch »hjll take elTo.1 X ssnajant lu RC»' U (14 040(2) si j laicr dale, xuch dale being 12) Al.TKRNATIVK B. I x* unit for Adoption of » nK-r^nci Rulo lind an csscrfcsic] e»rxts jnd ih.ii the lurefteng urdcf >x ncccxx..re lor the prtNcn Hhw i«i ihc public health gcncr.il »ell.irc and Ihji uthcrvasce oi the rcuuocnicnix of not ice .md .ippi.riunii » lo prexent *ic»x .in nropuxvd aetiua »ouid be oaairarj to public interest A kiaicmcai o> ihc facl* conMiiuitna >uch emergency is Such rulv> arc llnrcfure adufled ix cmcrgcnc* ryk> lu Lake effect upon lihn; mlh 'he code rcvixcr (1| Pursu.mi in the rcuuircmcmx of RC VV U 04 1 1977 e l<> § Jl' lh.il 'every apenc) xhjll inco'por.uc it miiM xnccilic bill m n.* c.ixc iHhil .ill of Ihe following language ahtffAJIive* v. hen .idoptni£ or jmcndmj: rulex* 1 1 1 MMCSSCM (j). Ibl .ir III .ix aflprufWialcl X (a) Th.x rule ix pr.i.m.le.iicd purxu.ini l.i R( VV 43 . 37 and ix intended lu adimnislr.ilivclt implement thai »i.uuie lb) Thix rule ix promulgated purxujni lo Hi VV which dircvt' ih.n ihc latency] hax aulhorii) lu mipicmen I ihc prmriMua* of (mimic ..I Jxl .ir RC W cl.il.onl |C| Thix ruk i» promulgncd under ihe general rule making .tuihoriti of Ihc agency I at SjMhuh/cd in RC W (4) The Mfc liiBWd hereto dccl.trc-x ih.n he h..x complied »nh ihe provix„mx of ihc Open Public Meeting*. A. i (chapter 42..W RCVVi i l,c AdmmiMralire •ruccilnrc Act (chapter 14 114 RCW) ..r ihc Higher I iluc.il Adminixir.,1, vc I'roceclurc Act (eh.ipur MH II RAW I. .ix appropriate, .incl ihc Male Rcgixtcr Ad leh.ipier .14 UK Kt V, | (A) Ihix order after bong hrxi recorded in ihc mdef rcgiMCt 'f ihix agci*c\ ix herewith transmuted lo ihc Code Reviser fur bhnf piirxuant hi elwrMer 14 IM RCW jnd xh.ipicr I 12 WAC

714 Chapter 173-495 WAC WEATHER MODIFICATION WAC 173-495-010 Purpose.—The Department of Ecology, under the authority vested in it by Chapter 43.37 RCW, is charged with responsibilities for the super- vision and control of all weather modification activities within the state, and representation by the state in all interstate contracts relating to weather modifica- tion and control. This regulation provides the basic framework for carrying out the state's responsibility for such a program through the establishment of license and permit requirements and procedures, report requirements, and fee require- ments. The provisions of this chapter shall apply to all weather modification ac- tivities in all parts of the state except as specifically exempted in this chapter and or in chapter 43.37 RCW. WAC 173-495-020 Definitions.—As used in these regulations unless the context requires otherwise: ) 'Department' means the Department of Ecology. ( 1 ( 2 i ' Operation' means the performance of weather modification and control activities pursuant to a single contract entered into for the purpose of producing or attempting to produce a certain modifying effect within one geographical area over one continuing time interval not exceeding one (1) year; or in the case of the performance of weather modification and control activities, individu- ally or jointly, by a person or persons to be benefited and not undertaken pur- suant to a contract, operation means the performance of weather modification and control dtttivities entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area and one continuing time interval not exceeding one (1) year. (3) 'Research and Development' means theoretical analysis, exploration and experimentation, and the extension of investigative findings of theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processing. (4) 'Weather Modification and Control' means changing or controlling, or attempting to change or control by artificial methods the natural development of any or all atmospheric cloud forms or precipitation forms which occur in the troposphere. WAC 178-495-030 Requirement for Licenses and Permits.—No person shall engage in weather modification activities except under and in accordance with a license and a permit issued by the department, unless specifically exempt from this requirement in WAC 173-495-050. WAC 173-495-040 Exempt Activities— Requirements of Those Exempted.—The following weather modification and control activity shall be exempt from the license requirement of RCW 43.37.100. the permit requirements of RCW 43.37.100, and the liability requirements of RCW 43.37.190 : (1) All research and experiments related to weather modification control con- ducted within laboratories. (2) Those weather modification operations designed to alleviate sudden, un- ezpected, hazardous conditions which require expeditious localized action for: (a) protection against fire (b) prevention of frost (c) dispersal of fog (3) Field research and development by institutions of higher learning. (4) Any person proposing to conduct weather modification and control activi- ties as described in subsection (2) above shall make every reasonable effort prior thereto to notify the Department of Ecology, headquarters offices in Olympia, Washington, of the type of activity to be carried out. the person carry- ing out the activity and the materials and technique of application to be used. (5) Any person proposing to conduct weather modification and control activi- ties as described in subsection (3) above shall provide a written description of the proposed program, notice of actual operations ten (10) days prior to com mencement. and quarterly reports of operations and status to the headquarters office Department of Ecology, Olympia, Washington. WAC 11.', -.',.9.7 0>,~> Qualifications for License— Regular.—All applicants for a weather modification license shall be certified professional members of the Amer- ican Meteorological Society or possess the academic achievements and profes- sional experience necessary to receive such certification. In cases where the applicant is an organization, the individual or individuals who will be in control

; ; : 715 and in charge of the weather modification and control activities shall be required to meet the above standard. WAC 173-459-050 Qualifications for License— Restricted License.— (1) A re- stricted license may be issued to an applicant for such license when (a) the applicant's proposed weather modification activities are limited solely to those designed to disperse fog over airports ; and (b) the applicant will be fully advised of the pertinent weather informa- tion by the meteorologist on duty during the carrying out of the airport fog dispersal. (2) Applicants for restricted licenses are not required to meet the qualifica- tions otherwise imposed by WAC 173-495-040. WAC 173-495-060 Procedures for Issuing License.— (1) Any person or organization desiring to obtain a license or restricted li- cense shall make an application to the Department of Ecology on the form prescribed, listing name, business address, etc. (2) The department may require additional information of the applicant to determine competency in the field of meteorology. Such additional information shall be requested of the applicant by certified mail, and shall be submitted in writing. (3) Prior to the issuance of any license, the applicant shall pay a fee of $100 to the State of Washington. (4) The application shall be deemed received by the Department of Ecology when received at the headquarters offices, Department of Ecology, Olympia, Washington 985504. WAC 173-495-065 Period of License.— (1) Licenses issued pursuant to chapter 43.37 RCW and these regulations shall be effective for a period of one (1) year, to terminate at the end of the calendar year of issuance. (2) No later than thirty (30) days prior to the end of the calendar year, the licensee may request a renewal of the license. The department shall review said license upon the payment of a renewal fee of $100 to the State of Washington. (3) In the determination of whether or not to grant such renewal request, the department shall consider, and the applicant shall provide, information as to whether the facts and circumstances relied on in the issuance of the original permit have changed or altered. If the department determines that the licensee no longer meets the requirements of competency in the field of meteorology, the department may refuse to renew said license. WAC 173-495-070 Permits Requirements.— (1) Each weather modification operation not specifically exempted by statute or these regulations shall require a permit. A separate permit shall be issued for each operation. (2) A license holder desiring to conduct a weather modification operation shall submit, an application for a permit to the Department of Ecology. (3) The permit applicant must hold a valid weather modification license from the State of Washington. (4) The applicant shall publish notice of intention at least once a week for three (3) consecutive weeks in a legal newspaper having 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 legal newspaper having a general circulation and published within each of such counties. In case there is no legal newspaper published within the appropriate county, publication shall be made in a legal newspaper having a general circulation within the county. (5) Proof of publication of the notice of intention, made in the manner pro- vided herein, shall be filed by the licensee with the department within fifteen (15) days from the date of last publication of the notice. (6) The notice of intention shall contain at least the following: (a) the name and address of the licensee (b) the nature and object of the intended operation and the person or organization on whose behalf it. is to be conducted ; (c) the area in which and the appropriate time during which the opera- tion will be conducted (d) the area which is intended to be affected by the operation; (e) the materials and methods to be used in conducting the operation. (7) The applicant shall furnish proof of financial responsibility, as described in WAC 173-495-120 of this chapter.

: 716 (8) The applicant shall pay a permit fee of one and one-half percent (iy 2 %) of the estimated cost of the operation. The estimated cost will be computed by the department from evidence available to it. (9) Prior to issuance of a permit the department shall make a determination in writing that the weather modification and control activities proposed to be conducted under authority of the permit have been determined to be for the general welfare and public good. (10) The department shall hold an open public hearing at its headquarters office in Olympia prior to any such permit issuance. WAC 173-495-080 Permittee's Report of Operations— Requirement.—The permittee shall be required to maintain reports on all operations on a daily basis, and submit twice a month (1st day and 15th day) to the Department of Ecology. The semi-monthly reports shall include the following information : (1) Number of days under contract. (2) Number of days of operation and number of hours of each day, for all stations operated. (3 ) The consumption rate and name of seeding agent used. (4) A brief summary statement evaluating the past fifteen (15) -day period in regard to the seeding potential and experience. (5) Location of operations. (6) Name and mailing address of each individual, other than the licensee, par- ticipating or assisting in the operation. (7) A brief statement of projected plans for the coming fifteen (15) -day period. (8) In the event operations are unexpectedly terminated, a special report covering that fraction of the half-month period of operation is required. All re- ports must be post-marked not later than one (1) day after due date. (9) All such records are public records which shall be open to public inspec- tion. WAC 173-495-100 Revocation, Suspension, Modification.— (1) All permits authorized by RCW 43.37.110 shall contain the following pro- visions : 'The department may, if it appears that continuing operation under this permit will cause immediate injury to persons or property, terminate or otherwise modify the terms of this permit in order to alleviate an emergency situation by giving notice to the permittee by telegram or other writing.' (2) All permits authorized by RCW 43.37.110 may be revoked, suspended, or modified when the department has reason to believe that good cause exists and that the revocation, suspension, or modification is required for the general wel- fare and public good. Any such revocation, suspension, or modification shall not be undertaken prior to written notice by certified mail to the permittee. Oppor- tunity for comment by the permittee shall be allowed. Any final departmental decision shall be in writing. (3) In the event the applicant desires to appeal any permit revocation, modi- fication, or suspension action by the department such appeal must be filed with the Pollution Control Hearings Board in Olympia within thirty (30) days of the department's action. An appeal does not constitute a stay. WAC 173-495-120 Proof of Financial Responsibility.—A permit applicant shall furnish proof of financial responsibility to the Department of Ecology by one of the following (1) Copy of insurance policy or binder for the operator. (2) A current balance sheet showing sufficient assets to demonstrate financial responsibility. (3) Bond for safe performance. (4) Such other information as the applicant may provide the department, in writing, if one of the alternate methods (l)-(3). above, is not feasible or avail- able, provided the applicant explains the infeasibility or unavailability. The following sections of WAC 508-20 are repealed : 508-20-020 Board will notify Washington State University and the county agent when permit is issued. 508-20-030 Permittee's report of operations. 50.8-20-040 Board may modify or terminate permits. 508-20-050 Exempt activities. 508-20-060 Exempt activities—Olympic Mountains research project. 508-20-070 Qualifications of licensees—Restricted license, fog dispersal at airports. 50^-20-080 Use of dry ice for fog dispersal over public airports.