61-04.1 Weather Modification
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<![CDATA[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<br>research and investigation on new and improved means for predicting, influencing, and<br>controlling the weather, for the best interest, general welfare, health, and safety of all the people<br>of the state, and to provide proper safeguards in applying the measures for use in connection<br>therewith in order to protect life and property, it is deemed necessary and hereby declared that<br>the state of North Dakota claims its sovereign right to use the moisture contained in the clouds<br>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<br>statutes, rules, and regulations applying to natural precipitation shall also apply to precipitation<br>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,<br>weather modification operations can improve water quality and quantity, reduce losses from<br>weather hazards, and provide economic benefits for the people of the state. Therefore, in the<br>public interest, weather modification shall be subject to regulation and control, and research and<br>development shall be encouraged. To minimize possible adverse effects, weather modification<br>operations shall be carried on with proper safeguards, and accurate information shall be<br>recorded concerning such operations and the benefits obtained therefrom by the people of the<br>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<br>of the powers granted under this chapter, has all of the powers of an administrative<br>agency as defined in chapter 28-32.2."Controller" refers to any licensee duly authorized in this state to engage in weather<br>modification operations.3."Geographical region" means a geographical area with a contiguous boundary that<br>may enclose a portion of any county or counties.4."Hail suppression" refers to the activation of any process that will reduce, modify,<br>suppress, eliminate, or soften hail formed in clouds or storms.5."Increasing precipitation" refers to the activation of any process that will actually<br>result in greater amounts of moisture reaching the ground in any area from a cloud<br>or cloud system than would have occurred naturally.6."Initiating precipitation" refers to the process of causing precipitation from clouds<br>which could not otherwise have occurred naturally or inducing precipitation<br>significantly earlier than would have occurred naturally.7."Operation" means the performance of any weather modification activity undertaken<br>for the purpose of producing or attempting to produce any form of modifying effect<br>upon the weather within a limited geographical area or within a limited period of<br>time.8."Research and development" means exploration, field experimentation, and<br>extension of investigative findings and theories of a scientific or technical nature into<br>practical application for experimental and demonstration purposes, including the<br>experimental production of models, devices, equipment, materials, and processes.Page No. 19."Weather modification" means and extends to the control, alteration, and<br>amelioration of weather elements, including man-caused changes in the natural<br>precipitation process, hail suppression or modification, and alteration of other<br>weather phenomena, including clouds, temperature, wind direction, and velocity, and<br>the initiating, increasing, decreasing, and otherwise modifying by artificial methods of<br>precipitation in the form of rain, snow, hail, mist, or fog through cloud seeding,<br>electrification, or by other means to provide immediate practical benefits.10."Weather modification authority" means the governing body created by a board of<br>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, </p>
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