2005 Nevada Revised Statutes - Chapter 544 — Modification of Weather
CHAPTER 544 - MODIFICATION OF WEATHER
RESEARCH
NRS 544.010 Shorttitle.
NRS 544.020 Definitions.
NRS 544.030 StateDepartment of Conservation and Natural Resources authorized to conduct researchprograms.
NRS 544.040 Countyfinancial participation in research; conditions.
NRS 544.050 Agreementsbetween counties and State Department of Conservation and Natural Resources;term of agreements.
NRS 544.060 Useof facilities and technical resources of Desert Research Institute of Nevada System of Higher Education.
REGULATION OF OPERATIONS
NRS 544.070 Definitions.
NRS 544.080 Powersof the Director of the State Department of Conservation and Natural Resources.
NRS 544.090 Promotionof research and development.
NRS 544.100 Hearings:Record of proceedings; subpoenas.
NRS 544.110 Acceptanceof gifts and grants.
NRS 544.120 Licenseand permit required for activities for modification and control of weather.
NRS 544.130 Exemptions.
NRS 544.132 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Director. [Expires by limitation on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]
NRS 544.134 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]
NRS 544.136 Applicationfor license to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]
NRS 544.140 Qualificationsof licensees; issuance and renewal of licenses; fee. [Effective until the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]
NRS 544.140 Qualificationsof licensees; issuance and renewal of licenses; fee. [Effective on the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]
NRS 544.150 Conditionsfor issuance of permits.
NRS 544.160 Separatepermit required for each operation; notice of intention; conditions andmodification of permit.
NRS 544.170 Noticeof intention: Contents.
NRS 544.180 Noticeof intention: Publication; filing of proof of publication.
NRS 544.190 Proofof financial responsibility.
NRS 544.200 Feesfor permits.
NRS 544.210 Recordsand reports of licensees and exempt organizations.
NRS 544.220 Suspensionor revocation of license or permit: Grounds; modification of terms.
NRS 544.230 Constructionof NRS 544.070 to
NRS 544.240 Penalties.
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RESEARCH
NRS
(Added to NRS by 1961, 668)
NRS
1. Department means the State Department ofConservation and Natural Resources.
2. Director means the Director of the StateDepartment of Conservation and Natural Resources.
(Added to NRS by 1961, 668)
NRS
(Added to NRS by 1961, 668)
NRS
(Added to NRS by 1961, 668)
NRS
(Added to NRS by 1961, 669; A 1975, 576)
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(Added to NRS by 1961, 669; A 1969, 1443; 1993, 413)
REGULATION OF OPERATIONS
NRS
1. Director means the Director of the StateDepartment of Conservation and Natural Resources.
2. Operation means:
(a) The performance of weather modification and controlactivities pursuant to a single contract entered into for the purpose ofproducing, or attempting to produce, a certain modifying effect within onegeographical area over one continuing time interval not exceeding 1 year; or
(b) If the performance of weather modification andcontrol activities is to be undertaken individually or jointly by a person orpersons to be benefited and not undertaken pursuant to a contract, theperformance of weather modification and control activities entered into for thepurpose of producing, or attempting to produce, a certain modifying effectwithin one geographical area over one continuing time interval not exceeding 1year.
3. Research and development means theoreticalanalysis, exploration and experimentation and the extension of investigativefindings and theories of a scientific or technical nature into practicalapplication for experimental and demonstration purposes, including theexperimental production and testing of models, devices, equipment, materialsand processes.
4. Weather modification and control means changingor controlling, or attempting to change or control, by artificial methods thenatural development of any or all atmospheric cloud forms or precipitationforms which occur in the troposphere.
(Added to NRS by 1961, 691; A 1997, 2090;
NRS
1. Establish advisory committees to advise with and makerecommendations to the Director concerning legislation, policies,administration, research and other matters.
2. Establish by regulation or order such standards andinstructions to govern the carrying out of research or projects in weathermodification and control as he may deem necessary or desirable to minimizedanger to health or property, and make such regulations as are necessary in theperformance of his powers and duties.
3. Make such studies, investigations, obtain suchinformation and hold such hearings as he may deem necessary or proper to assisthim in exercising his authority or in the administration or enforcement of
4. Appoint and fix the compensation of such personnel,without compliance with the provisions of chapter284 of NRS, including specialists and consultants, as are necessary toperform his duties and functions.
5. Acquire, in the manner provided by law, suchmaterials, equipment and facilities as are necessary to perform his duties andfunctions.
6. Cooperate with public or private agencies in theperformance of his functions or duties and in furtherance of the purposes of
7. Represent the State in any and all matterspertaining to plans, procedures or negotiations for interstate compactsrelating to weather modification and control.
8. With approval of the Governor, enter intocooperative agreements with the various counties and cities of this State orwith any private or public agencies for conducting weather modification orcloud seeding operations.
9. Act for and represent the State and the counties,cities and private or public agencies in contracting with private concerns forthe performance of weather modifications or cloud seeding operations.
(Added to NRS by 1961, 692)
NRS
1. The theory and development of methods of weathermodification and control, including processes, materials and devices relatedthereto.
2. Utilization of weather modification and control foragricultural, industrial, commercial and other purposes.
3. The protection of life and property during researchand operational activities.
(Added to NRS by 1961, 693)
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(Added to NRS by 1961, 693; A 1981, 89)
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(Added to NRS by 1961, 693; A 1979, 118)
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(Added to NRS by 1961, 693)
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1. Research and development and experiments by stateand federal agencies, institutions of higher learning and bona fide nonprofitresearch organizations.
2. Laboratory research and experiments.
3. Activities required in emergencies for protectionagainst fire, frost, sleet or fog.
4. Activities normally engaged in for purposes otherthan those of inducing, increasing, decreasing or preventing precipitation orhail.
(Added to NRS by 1961, 693; A 1967, 159)
NRS
1. A natural person who applies for theissuance or renewal of a license to engage in activities for weathermodification and control shall submit to the Director the statement prescribedby the Division of Welfare and Supportive Services of the Department of Healthand Human Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.
2. The Director shall include the statement requiredpursuant to subsection 1 in:
(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Director.
3. A license to engage in activities for weathermodification and control may not be issued or renewed by the Director if theapplicant is a natural person who:
(a) Fails to submit the statement required pursuant tosubsection 1; or
(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.
4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Director shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.
(Added to NRS by 1997, 2089)
NRS
1. If the Director receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a licenseto engage in activities for weather modification and control, the Directorshall deem the license issued to that person to be suspended at the end of the30th day after the date on which the court order was issued unless the Directorreceives a letter issued to the holder of the license by the district attorneyor other public agency pursuant to NRS425.550 stating that the holder of the license has complied with thesubpoena or warrant or has satisfied the arrearage pursuant to
2. The Director shall reinstate a license to engage inactivities for weather modification and control that has been suspended by adistrict court pursuant to NRS 425.540if the director receives a letter issued by the district attorney or otherpublic agency pursuant to NRS 425.550 tothe person whose license was suspended stating that the person whose licensewas suspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2090)
NRS
(Added to NRS by 1997, 2090)
NRS
1. Licenses to engage in activities for weathermodification and control must be issued to an applicant who:
(a) Pays the fee required pursuant to subsection 2;
(b) If the applicant is a natural person, submits thestatement required pursuant to NRS 544.132;and
(c) Demonstrates, to the satisfaction of the Director,competence in the field of meteorology reasonably necessary to engage inactivities for weather modification and control.
2. If the applicant is an organization, therequirements set forth in paragraphs (a) and (c) of subsection 1 must be met bythe person or persons who are to be in control and in charge of the operationfor the applicant.
3. The Director shall issue licenses in accordancewith such procedures and subject to such conditions as he may by regulationestablish to effectuate the provisions of NRS544.070 to 544.240, inclusive. Eachlicense must be issued for a period to expire at the end of the calendar yearin which it is issued and, if the licensee possesses the qualificationsnecessary for the issuance of a new license, the license must, uponapplication, be renewed at the expiration of that period. A license must be issuedor renewed only upon the payment to the Director of $100 for the license or therenewal thereof.
(Added to NRS by 1961, 694; A 1997, 2091)
NRS 544.140
1. Licenses to engage in activities for weathermodification and control shall be issued to applicants therefor who pay thelicense fee required and who demonstrate, to the satisfaction of the Director,competence in the field of meteorology reasonably necessary to engage inactivities for weather modification and control. If the applicant is anorganization, these requirements shall be met by the individual or individualswho are to be in control and in charge of the operation for the applicant.
2. The Director shall issue licenses in accordancewith such procedures and subject to such conditions as he may by regulation establishto effectuate the provisions of NRS 544.070to 544.240, inclusive. Each license mustbe issued for a period to expire at the end of the calendar year in which it isissued and, if the licensee possesses the qualifications necessary for theissuance of a new license, such license shall, upon application, be renewed atthe expiration of that period. A license shall be issued or renewed only uponthe payment to the Director of $100 for the license or the renewal thereof.
(Added to NRS by 1961, 694; A 1997, 2091, effectiveon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)
NRS
1. If the applicant is licensed pursuant to
2. If a sufficient notice of intention is publishedand proof of publication is filed as required by
3. If the applicant furnishes proof of financialresponsibility, as provided in NRS 544.190,in an amount as may be determined by the Director but not to exceed $20,000.
4. If the fee for a permit is paid as required by
(Added to NRS by 1961, 694)
NRS
(Added to NRS by 1961, 694)
NRS
1. The name and address of the licensee.
2. The nature and object of the intended operation andthe person or organization on whose behalf it is to be conducted.
3. The area in which and the approximate time duringwhich the operation will be conducted.
4. The area which is intended to be affected by theoperation.
5. The materials and methods to be used in conductingthe operation.
(Added to NRS by 1961, 694)
NRS
1. The applicant shall cause the notice of intention,or that portion thereof including the items specified in
2. Proof of publication, made in the manner providedby law, shall be filed by the licensee with the Director within 15 days fromthe date of the last publication of the notice.
(Added to NRS by 1961, 695)
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(Added to NRS by 1961, 695; A 1967, 159)
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(Added to NRS by 1961, 695)
NRS
1. Each licensee shall keep and maintain a record ofall operations conducted by him pursuant to his license and each permit,showing the method employed, the type of equipment used, materials and amountsthereof used, the times and places of operation of the equipment, the name andpost office address of each individual participating or assisting in theoperation other than the licensee, and such other general information as may berequired by the Director, and shall report the same to the Director at the timeand in the manner required by the Director.
2. The Director shall require written reports in suchmanner as he provides but not inconsistent with the provisions of
3. All information on an operation shall be submittedto the Director before any information on such operation may be released to thepublic.
4. The reports and records in the custody of theDirector shall be open for public examination.
(Added to NRS by 1961, 695)
NRS
1. The Director may suspend or revoke any license orpermit issued if it appears that the licensee no longer possesses thequalifications necessary for the issuance of a new license or permit. TheDirector may suspend or revoke any license or permit if it appears that thelicensee has violated any of the provisions of
2. The Director may modify the terms of a permit afterissuance thereof if the licensee is first given notice and a reasonableopportunity for a hearing respecting the grounds for the proposed modificationand if it appears to the Director that it is necessary for the protection ofthe health or the property of any person to make the modification proposed.
(Added to NRS by 1961, 696)
NRS
(Added to NRS by 1961, 696)
NRS
(Added to NRS by 1961, 696)
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