61-04.1 Weather Modification - North Dakota Statutes

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CHAPTER 61-04.1WEATHER MODIFICATION61-04.1-01. Extended state ownership of water sovereignty over moisture. In orderthat the state may share to the fullest extent in the benefits already gained through fundamental
research and investigation on new and improved means for predicting, influencing, and
controlling the weather, for the best interest, general welfare, health, and safety of all the people
of the state, and to provide proper safeguards in applying the measures for use in connection
therewith in order to protect life and property, it is deemed necessary and hereby declared that
the state of North Dakota claims its sovereign right to use the moisture contained in the clouds
and atmosphere within the state boundaries.All water derived as a result of weathermodification operations shall be considered a part of North Dakota's basic water supply and all
statutes, rules, and regulations applying to natural precipitation shall also apply to precipitation
resulting from cloud seeding.61-04.1-02. Declaration of policy and purpose. The legislative assembly finds thatweather modification affects the public health, safety, and welfare, and that, properly conducted,
weather modification operations can improve water quality and quantity, reduce losses from
weather hazards, and provide economic benefits for the people of the state. Therefore, in the
public interest, weather modification shall be subject to regulation and control, and research and
development shall be encouraged. To minimize possible adverse effects, weather modification
operations shall be carried on with proper safeguards, and accurate information shall be
recorded concerning such operations and the benefits obtained therefrom by the people of the
state.61-04.1-03. Definitions. As used in this chapter, unless the context otherwise requires:1."Board" means the North Dakota atmospheric resource board which, in the exercise
of the powers granted under this chapter, has all of the powers of an administrative
agency as defined in chapter 28-32.2."Controller" refers to any licensee duly authorized in this state to engage in weather
modification operations.3."Geographical region" means a geographical area with a contiguous boundary that
may enclose a portion of any county or counties.4."Hail suppression" refers to the activation of any process that will reduce, modify,
suppress, eliminate, or soften hail formed in clouds or storms.5."Increasing precipitation" refers to the activation of any process that will actually
result in greater amounts of moisture reaching the ground in any area from a cloud
or cloud system than would have occurred naturally.6."Initiating precipitation" refers to the process of causing precipitation from clouds
which could not otherwise have occurred naturally or inducing precipitation
significantly earlier than would have occurred naturally.7."Operation" means the performance of any weather modification activity undertaken
for the purpose of producing or attempting to produce any form of modifying effect
upon the weather within a limited geographical area or within a limited period of
time.8."Research and development" means exploration, field experimentation, and
extension of investigative findings and theories of a scientific or technical nature into
practical application for experimental and demonstration purposes, including the
experimental production of models, devices, equipment, materials, and processes.Page No. 19."Weather modification" means and extends to the control, alteration, and
amelioration of weather elements, including man-caused changes in the natural
precipitation process, hail suppression or modification, and alteration of other
weather phenomena, including clouds, temperature, wind direction, and velocity, and
the initiating, increasing, decreasing, and otherwise modifying by artificial methods of
precipitation in the form of rain, snow, hail, mist, or fog through cloud seeding,
electrification, or by other means to provide immediate practical benefits.10."Weather modification authority" means the governing body created by a board of
countycommissionersundersection61-04.1-22.1,61-04.1-23,61-04.1-27,61-04.1-29, or 61-04.1-31.61-04.1-03.1. Atmospheric resource board. Repealed by S.L. 1999, ch. 538,