2015 North Dakota Century Code Title 61 Waters Chapter 61-04.1 Weather Modification
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CHAPTER 61-04.1
WEATHER MODIFICATION
61-04.1-01. Extended state ownership of water sovereignty over moisture.
In order that 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
weather modification operations shall be considered a part of North Dakota's basic water supply
and all statutes, rules, and regulations applying to natural precipitation shall also apply to
precipitation resulting from cloud seeding.
61-04.1-02. Declaration of policy and purpose.
The legislative assembly finds that weather modification affects the public health, safety,
and welfare, and that, properly conducted, weather modification operations can improve water
quality and quantity, reduce losses from weather hazards, and provide economic benefits for the
people of the state. Therefore, in the public interest, weather modification shall be subject to
regulation and control, and research and development shall be encouraged. 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.
9. "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
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10.
the form of rain, snow, hail, mist, or fog through cloud seeding, electrification, or by
other means to provide immediate practical benefits.
"Weather modification authority" means the governing body created by a board of
county commissioners under section 61-04.1-22.1, 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, ยง 9.
61-04.1-04. North Dakota atmospheric resource board created - Membership.
There is hereby created a North Dakota atmospheric resource board which shall be a
division of the state water commission. The board shall be composed of the director of the state
aeronautics commission, a representative of the environmental section of the state department
of health, the state engineer, and one additional board member from each of seven districts
established by section 61-04.1-05. The governor shall initially appoint one board member for
each of the seven districts from a list of three candidates given to the governor by weather
modification authorities in each district and:
1. When the term of office of any board member from any district is about to expire.
2. When a vacancy has occurred, or is about to occur, in the term of office of a board
member from any district for any reason other than expiration of term of office.
Beginning on July 1, 1983, the term of office for the board shall be arranged so that not less
than three nor more than four terms shall expire on the first day of July of each odd-numbered
year. Therefore, board members appointed on July 1, 1983, from districts II, IV, and VI shall
serve for two-year terms, and board members appointed on July 1, 1983, from districts I, III, V,
and VII shall serve for four-year terms. Thereafter, board members from each district shall serve
for a four-year term of office except in the event the governor shall appoint a member for an
unexpired term, in which case the member shall serve only for the unexpired portion of the term.
In the event any district fails to furnish a list to the governor, or if there are no weather
modification authorities under this chapter within a district, then the governor shall appoint a
board member of the governor's choice residing within such district.
61-04.1-05. Board districts created.
Members of the board shall be appointed from districts containing the following counties:
District I - Burke, Divide, McKenzie, Mountrail, and Williams.
District II - Bottineau, McHenry, McLean, Renville, Sheridan, and Ward.
District III - Benson, Cavalier, Eddy, Foster, Griggs, Nelson, Pierce, Ramsey, Rolette, Steele,
Towner, and Wells.
District IV - Cass, Grand Forks, Pembina, Richland, Traill, and Walsh.
District V
- Barnes, Dickey, Kidder, LaMoure, Logan, McIntosh, Ransom, Sargent, and
Stutsman.
District VI - Burleigh, Emmons, Grant, Mercer, Morton, Oliver, and Sioux.
District VII - Adams, Billings, Bowman, Dunn, Golden Valley, Hettinger, Slope, and Stark.
61-04.1-06. Direction and supervision by state water commission - Independent
functions retained by board.
The powers, functions, and duties of the board shall be administered under the direction
and supervision of the state water commission. The board shall retain the quasi-judicial,
quasi-legislative, advisory, budgetary, rulemaking, and other functions vested in it, which shall
be exercised in accordance with policy and guidelines for weather modification activities as
established by the commission.
61-04.1-07. Board officers - Compensation.
All members of the board, with the exception of the chairman, are voting members. The
board shall elect annually from its membership a chairman, vice chairman, and secretary. A
majority of the members constitute a quorum for the purpose of conducting the business of the
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board. Board members who are not full-time salaried employees of this state are entitled to
receive compensation per day in the amount provided for members of the legislative
management under section 54-35-10 and must be reimbursed for their mileage and expenses in
the amounts provided by sections 44-08-04 and 54-06-09. All other members of the board must
be reimbursed for necessary travel and other expenses incurred in the performance of the
business of the board in the amounts provided in sections 44-08-04 and 54-06-09.
61-04.1-08. Powers and duties of board.
The board has the following powers and duties:
1. The board shall appoint an executive director to serve at the board's discretion and to
perform duties assigned by the board.
2. The board shall authorize the employment of staff the board deems necessary to carry
out the provisions of this chapter. The executive director shall hire the staff, subject to
the approval of the board.
3. The board shall adopt rules concerning qualifications, procedures, and conditions for
issuance, revocation, suspension, and modification of licenses and permits; standards
and instructions governing weather modification operations, including monitoring and
evaluation, recordkeeping, and reporting, and the board shall establish procedures
and forms for this recordkeeping and reporting. The board may adopt all other rules
necessary to the administration of this chapter. The provisions of chapter 28-32 apply
to this chapter and rules of the board must be published in the North Dakota
Administrative Code.
4. The board may contract with any person to carry out weather modification operations
and, in connection with regulated weather modification operations in a county or
geographical region, shall carry on monitoring and evaluation activities.
5. The board may order any person who is conducting weather modification operations in
violation of this chapter or any rules adopted to implement this chapter, to cease and
desist from those operations and the order is enforceable in any court of competent
jurisdiction within this state.
6. The board may cooperate and contract with any person engaged in activities similar to
the work of the board and may make contracts and agreements to carry out programs
consistent with the purpose and intent of this chapter. The board may request and
accept any grants of funds or services from any person and expend these funds or use
these services to carry out this chapter.
7. The board shall monitor the current state of knowledge regarding the magnitude and
impacts of possible regional and global climatic changes and shall provide information
to other state agencies that may benefit from this knowledge.
8. The board shall administer and enforce the provisions of this chapter and do all things
reasonably necessary to effectuate the purposes of this chapter.
9. The board may plan and study a hail suppression pilot program that would provide
urban and rural hail suppression operations statewide or to any portion of the state.
61-04.1-09. Board to establish research and development program - Hail suppression
pilot program.
1. The board shall establish a program of weather modification research and
development in this state. The board shall supervise and coordinate all research and
development activities in the state or research and development activities outside of
the state participated in or conducted by any state institution or state or county agency.
2. If the board plans and studies a hail suppression pilot program, the board may conduct
a planning phase that includes studying the impact on the environment, providing
public education, and formulating an operations plan.
61-04.1-10. Biennial report.
The board may prepare and transmit a biennial report to the governor in accordance with
sections 54-06-03 and 54-06-04. If submitted, the report must describe the research and
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development activities conducted during the biennium, and the outcome thereof, and other
related work and activities.
61-04.1-11. License and permit required.
Except as provided in section 61-04.1-12, no person may engage in weather modification
activities without both a professional weather modification license issued under section
61-04.1-14 and a weather modification permit issued under section 61-04.1-16. Licenses shall
expire on December thirty-first of the year of issuance.
61-04.1-12. Exemptions.
The board may provide by rule for exemption of the following activities from the license and
permit requirements of section 61-04.1-11:
1. Research and development conducted by the state, political subdivisions of the state,
colleges and universities of the state, agencies of the federal government, or bona fide
research corporations.
2. Weather modification operations of an emergency nature taken against fire, frost, or
fog.
Exempted activities shall be conducted so as not to unduly interfere with weather modification
operations conducted under a permit issued in accordance with this chapter.
61-04.1-13. Operator deemed to be doing business within state - Resident agent.
A person shall be deemed doing business within this state when engaged in weather
modification operations within the boundaries of this state, and shall, if not already qualified to
do business within this state under chapter 10-19.1, prior to conducting such operations, file
with the secretary of state an authorization designating an agent for the service of process.
61-04.1-14. Issuance of license - Fee.
The board shall provide, by rule, the procedure and criteria for the issuance of a license.
The board, in accordance with its rules, shall issue a weather modification license to each
applicant who:
1. Pays a license fee of fifty dollars.
2. Demonstrates competence to engage in weather modification operations, to the
satisfaction of the board.
3. Designates an agent for the service of process pursuant to section 61-04.1-13 or
chapter 10-19.1.
Each license issued by the board shall be nontransferable and shall expire on December
thirty-first of the year of issuance. A license shall be revocable for cause at any time prior to
such date if, after holding a hearing upon due notice, the board shall determine that cause for
revocation exists. License fees collected by the board shall be paid into the general fund in the
state treasury.
61-04.1-15. Revocation or suspension of license.
The board may suspend or revoke a license for any of the following reasons:
1. Incompetency.
2. Dishonest practice.
3. False or fraudulent representations made in obtaining a license or permit under this
chapter.
4. Failure to comply with any provisions of this chapter or any rules adopted by the board
pursuant to this chapter.
61-04.1-16. Permit required - Issuance of permit - Fee.
1. A weather modification permit shall be required for each geographical area, as set out
in the operational plan required by subdivision b, in which a person intends to conduct
weather modification operations. Each permit issued by the board shall expire on
December thirty-first of the year of issuance. A person applying for a weather
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2.
3.
4.
modification operational permit shall file an application with the board, in such form as
the board shall prescribe, which application shall be accompanied by an application
fee of twenty-five dollars and contain such information as the board, by rule, may
require, and in addition, each applicant for a permit shall:
a. Furnish proof of financial responsibility as provided by section 61-04.1-19.
b. Set forth a complete operational plan for the proposed operation which shall
include a specific statement of its nature and object, a map of the proposed
operating area which specifies the primary target area for the proposed operation
and shows the area that is reasonably expected to be affected by such operation,
a statement of the approximate time during which the operation is to be
conducted, a list of the materials and methods to be used in conducting the
operation, and such other detailed information as may be needed to describe the
operation.
The board may issue the permit if it determines that:
a. The applicant holds a valid weather modification license issued under this
chapter.
b. The applicant has furnished satisfactory proof of financial responsibility in
accordance with section 61-04.1-19.
c. The applicant has paid the required application fee.
d. The operation:
(1) Is reasonably conceived to improve water quantity or quality, reduce loss
from weather hazards, provide economic benefits for the people of this
state, advance scientific knowledge, or otherwise carry out the purposes of
this chapter.
(2) Is designed to include adequate safeguards to minimize or avoid possible
damage to the public health, safety, welfare, or the environment.
(3) Will not adversely affect another operation for which a permit has been
issued.
e. The applicant has North Dakota workforce safety and insurance coverage for all
employees working in this state.
f. The applicant has furnished a performance bond as required by section
61-04.1-34.
g. The applicant has complied with such other requirements for the issuance of
permits as may be required by the rules and regulations of the board.
h. The applicant has furnished a bid bond in accordance with section 61-04.1-35.
i. The applicant has registered, with the North Dakota aeronautics commission, any
aircraft intended to be used in connection with the operation.
To carry out the objectives and purposes of this chapter, the board may condition and
limit permits as to primary target areas, time of the operation, materials, equipment,
and methods to be used in conducting the operation, emergency shutdown procedure,
emergency assistance, and such other operational requirements as may be
established by the board.
The board shall issue only one permit at a time for operations in any geographical area
if two or more operations conducted in such an area according to permit limitations
might adversely interfere with one another.
All permit fees collected by the board shall be paid into the general fund of the state
treasury.
61-04.1-17. Hearings.
The board shall give public notice, in the official county newspaper or newspapers in the
area of the state reasonably expected to be affected by operations conducted under a permit,
that it is considering an application for such permit, and, if objection to the issuance of the
permit is received by the board within twenty days, the board may hold a public hearing for the
purpose of obtaining information from the public concerning the effects of issuing the permit.
The board may also hold such hearings upon its own motion.
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61-04.1-18. Revocation, suspension, or modification of permit.
The board may suspend or revoke a permit if it appears that the permittee no longer has the
qualifications necessary for the issuance of an original permit or has violated any provision of
this chapter, or any of the rules adopted under it.
The board may revise the conditions and limits of a permit if:
1. The permittee is given notice and a reasonable opportunity for a hearing, to be held in
accordance with chapter 28-32.
2. It appears to the board that a modification of the conditions and limits of a permit is
necessary to protect the public's health, safety, welfare, or the environment.
If it appears to the board that an emergency situation exists or is impending which could
endanger the public's health, safety, welfare, or the environment, the board may, without prior
notice or hearing, immediately modify the conditions or limits of a permit, or order temporary
suspension of a permit. The issuance of such an order shall include notice of a hearing to be
held within ten days thereafter on the question of permanently modifying the conditions and
limits or continuing the suspension of the permit. Failure to comply with an order temporarily
suspending an operation or modifying the conditions and limits of a permit shall be grounds for
immediate revocation of the license and permit of the person controlling or engaged in the
operation.
61-04.1-19. 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:
1. Presentation to the board of proof of a prepaid noncancelable insurance policy against
such liability, in an amount approved by the board.
2. Filing with the board a corporate surety bond, cash, or negotiable securities in an
amount approved by the board.
61-04.1-20. Board may create operating districts - Representation of noncontracting
counties.
The board may place any county or geographical region for which a person contracts with
the state for weather modification operations in any operational district the board determines
necessary to best provide that county or geographical region with the benefits of weather
modification. In determining the boundaries of an operating district, the board shall consider the
patterns of crops within the state, climatic patterns, and the limitations of aircraft and other
technical equipment. The board may assign any county that has not created a weather
modification authority under this chapter to an operating district solely for the purpose of
representation on the operations committee of that district.
61-04.1-21. District operations advisory committees created - Duties.
1. There must be a district operations advisory committee in each operations district
created in accordance with section 61-04.1-20. Each committee must be composed of
one commissioner of the weather modification authority, if a weather modification
authority exists, from each county within the district; a representative of each person
contracting for a geographical region assigned to the district; and one member of the
board of county commissioners from each county assigned to the district. Each
advisory committee, upon majority vote, with the concurrence of the board, shall adopt
rules and bylaws necessary to govern that committee's procedures and meetings.
Each committee shall evaluate weather modification operations within that committee's
district and make recommendations and proposals to the board concerning these
operations.
2. The weather modification authority of any county authorized to contract for weather
modification operations under this chapter which is not assigned to an operations
district shall assume the functions of the district operations committee and may
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exercise the powers and duties assigned to the operations committees by this chapter
and by the rules of the board.
61-04.1-22. Weather modification authority may suspend operations.
Other provisions of this chapter notwithstanding, the weather modification authority in any
county authorized to contract for weather modification operations under this chapter may
suspend the county and state weather modification operation within that county.
61-04.1-22.1. Temporary weather modification authority.
The board of county commissioners of any county that has no weather modification
authority may create a temporary weather modification authority by setting a time and place for
a public hearing, publishing at least ten days before the hearing notice of the hearing in the
official newspaper of the county, and after the public hearing, approving establishment of the
authority by majority vote. Upon approval, the board of county commissioners shall designate a
water resource district to serve as the temporary weather modification authority. The designated
district has all the powers granted to a weather modification authority under sections 61-04.1-23
through 61-04.1-32.
A temporary weather modification authority created under this section may conduct weather
modification operations within the county for up to four years from the date of the creation of the
temporary authority. To continue operating beyond the four-year period, the temporary authority
must be made permanent in accordance with sections 61-04.1-23 through 61-04.1-32.
61-04.1-23. Weather modification authority created by petition.
A weather modification authority shall be created by resolution and five commissioners
appointed thereto for ten-year terms of office, by the board of county commissioners. A board of
county commissioners shall not adopt a resolution creating an authority until it has received a
valid petition signed by at least fifty-one percent of the qualified electors of a county, as
determined by the vote cast for the office of governor at the last preceding general election. The
board of county commissioners shall appoint five residents of the county as weather
modification authority commissioners from those names set forth in the petition and designated
by the petitioners to be appointed weather modification authority commissioners. In the event
any one of the five candidates named in the petition to be appointed weather modification
authority commissioner is unable or refuses for any reason to accept appointment as
commissioner, or is disqualified by not meeting residence requirements, as a qualified elector in
the county, the board of county commissioners shall name its own appointee for a ten-year term
of office in place of any disqualified candidate selected by the petitioners. If any weather
modification authority commissioner submits a resignation in writing to the board of county
commissioners or becomes unable or disqualified for any reason, after accepting office, the
board of county commissioners shall name its appointee as a commissioner to the weather
modification authority. All vacancies occurring otherwise than by expiration of term of office shall
be filled for the unexpired term.
Any weather modification authority created pursuant to this section shall expire ten years
after the date of the initial appointment of the commissioners thereto. Any unexpended funds
remaining in the name of the weather modification authority, after all proper bills and expenses
have been paid, shall be transferred into the county general fund by the officers of the weather
modification authority on or before the ten-year termination date provided by this section.
However, all unexpended funds remaining in the name of the weather modification authority,
after all proper bills and expenses have been paid, shall remain in the name of the weather
modification authority if the board of county commissioners of such county by resolution creates
a weather modification authority and all its powers in accordance with section 61-04.1-27.
Nothing in this section shall prevent continuation or reinstatement of a weather modification
authority, provided the authority is renewed for another ten years by petition of the qualified
electors in the same manner as the initial weather modification authority was created by petition
of qualified electors as provided for in this chapter.
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In the event more than one petition is filed with the board of county commissioners on or
about the same time, the petition with the highest percentage of the qualified electors of the
county voting for the office of governor at the last preceding general election shall be selected
by the board of county commissioners. However, the petition with the highest percentage must
have the signatures of at least forty percent of the qualified electors in the county and the sum
total of all qualified electors signing all petitions filed must equal at least sixty percent of the
qualified electors in the county. In no case shall the name of the same qualified elector appear
on two or more petitions, but in such event, the name shall be stricken from both petitions.
61-04.1-24. Petition contents.
The petition for the creation of a weather modification authority and for appointment of
commissioners shall contain:
1. A title with the heading: "Petition for Creation of (insert name of county) Weather
Modification Authority".
2. The following paragraph: We, the undersigned qualified electors of (name of county),
state of North Dakota, by this initiated petition request that the (name of county) board
of county commissioners of said county create by resolution a (name of county)
weather modification authority and appoint the following five qualified electors of the
county to a ten-year term of office as commissioners for the (name of county) weather
modification authority:
(Here insert the name and address of each proposed commissioner for the (name
of county) weather modification authority.)
3. The following paragraph: We, the undersigned qualified electors of the (name of
county), state of North Dakota, are notified hereby that the creation of the (name of
county) weather modification authority and the appointment of its commissioners by
the (name of county) board of county commissioners will grant unto the authority by
law the power to certify to the board of county commissioners a mill levy tax not to
exceed seven mills upon the taxable valuation of property in said county for a weather
modification fund, which tax may be levied in excess of the mill levy limit fixed by law
for taxes for general county purposes and that such fund shall be used for weather
modification activities in conjunction with the state of North Dakota. We, the
undersigned, understand that the authority requested in this petition expires ten years
after the creation of the weather modification authority, except that the board of county
commissioners may by resolution create a weather modification authority and all its
powers, including the power to certify a tax levy as provided by section 61-04.1-26, for
five-year periods in accordance with section 61-04.1-27.
4. A heading: "Committee for Petitioners", followed by this statement: The following
qualified electors of (name of county), state of North Dakota, are authorized to
represent and act for us, and shall constitute the "Committee for the Petitioners" in the
matter of this petition and all acts subsequent thereto.
5. Petition details: All signatures to such petition shall be numbered and dated by month,
day, and year. The name shall be written with residence address and post-office
address, including the county of residence followed by state of North Dakota.
6. An affidavit to be attached to each petition and sworn to under oath before a notary
public by the person circulating each petition attesting to the fact that the person
circulated the petition and that each of the signatures to said petition is the genuine
signature of the person whose name it purports to be, and that each such person is a
qualified elector in the county in which the petition was circulated.
7. The petition must state the mills to be levied by the county for the purposes of this
chapter.
61-04.1-25. Commissioners - Compensation - Meetings - Officers.
The appointing authority shall establish the rate of compensation for commissioners of a
weather modification authority and actual expenses incurred by commissioners may be
reimbursed at the official reimbursement rates of the appointing authority. Each commissioner
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shall hold office until a successor has been appointed and has qualified. The certificates of
appointment shall be filed with the weather modification authority.
The powers of each weather modification authority shall be vested in the commissioners
thereof. A majority of the commissioners of an authority constitutes a quorum for the purpose of
conducting the business of the authority and exercising its powers and for all other purposes.
Although a majority of the commissioners constitutes a quorum, action may not be taken by the
authority except by an affirmative vote of not less than a majority of all the commissioners.
A chairman, vice chairman, and treasurer shall be elected from among the commissioners.
A weather modification authority may employ an executive director, secretary, technical experts,
and such other officers, agents, and employees, permanent and temporary, as it may require,
and shall determine their qualifications, duties, and compensation. For such legal services as it
may require, an authority may call upon the state's attorney of the county. An authority may
delegate to one or more of its agents or employees such powers or duties as it may deem
proper.
Minutes shall be kept by the secretary of official meetings and shall include all official
business such as contracts authorized and all authorizations for payment of weather
modification authority funds to persons, organizations, companies, corporations, and limited
liability companies. All disbursements shall be approved by a majority of all the commissioners
of an authority. Disbursements authorized by the authority for the payment of employee salaries,
bills, contracts, services, fees, expenses, and all other obligations shall be made by check
signed by the chairman and the treasurer of the authority. Official policies shall also be entered
into the minutes. An annual report shall be compiled with complete disclosure of funds
expended for contracts, services, fees, salaries, and all other reimbursements, a copy of which
shall be filed with the county auditor. The annual report shall be presented at a public meeting
called for such purpose.
61-04.1-26. (Effective for taxable years beginning before January 1, 2016) Funding for
support of weather modification authority.
The weather modification authority may request annually that the board of county
commissioners provide funding from revenues derived from its general fund levy for support of
the authority and to provide weather modification services. The funding under this section
approved by the board of county commissioners must be deposited in the weather modification
fund and shall be used only for weather modification activities in conjunction with the state of
North Dakota.
(Effective for taxable years beginning after December 31, 2015) Funding for support
of weather modification authority - Financial report. The weather modification authority may
request annually that the board of county commissioners provide funding from revenues derived
from its general fund levy for support of the authority and to provide weather modification
services. In the year for which the levy is sought, the weather modification authority seeking
approval of a property tax levy under this chapter must file with the county auditor, at a time and
in a format prescribed by the county auditor, a financial report for the preceding calendar year
showing the ending balances of each fund held by the authority during that year. The funding
under this section approved by the board of county commissioners must be deposited in the
weather modification fund and shall be used only for weather modification activities in
conjunction with the state of North Dakota.
61-04.1-27. Creation of weather modification authority and its powers by resolution.
When a weather modification authority is about to expire, the board of county
commissioners of any such county may by resolution authorize the creation of such weather
modification authority and all its powers, including the power to certify a tax levy as provided by
section 61-04.1-26, for additional five-year periods; provided, the resolution authorizing the
creation of such weather modification authority is adopted by the board of county
commissioners before the expiration date prescribed in the preceding resolution for its
termination. Upon passing such resolution for the creation of the authority, the board of county
commissioners shall appoint five weather modification authority commissioners to five-year
terms of office, subsequently filling vacancies in the manner prescribed by section 61-04.1-23.
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The board of county commissioners may remove any weather modification commissioner from
office whenever it appears, by competent evidence and after hearing, that the commissioner
has been guilty of misconduct, malfeasance, crime in office, neglect of duty in office, or of
habitual drunkenness or gross incompetency.
61-04.1-28. Procedure for abolishment of weather modification authority and all its
powers by recall initiated petition.
After fifty-one percent of the qualified electors of a county, as determined by the vote cast
for the office of governor at the last preceding gubernatorial election, shall petition the board of
county commissioners of their county to recall the commissioners of a weather modification
authority as created by section 61-04.1-23 and to abolish the county weather modification
authority, the board of county commissioners shall adopt a resolution recalling all
commissioners of such weather modification authority and abolishing their appointed offices and
the weather modification authority, until such time as a weather modification authority is created
by petition in accordance with section 61-04.1-23. Before adopting such a resolution, the county
commissioners must find that the petition meets the requirements as to the number of qualified
electors as required in this chapter. If the board of county commissioners adopts a resolution
recalling all commissioners of a weather modification authority and abolishing the authority, all
unexpended funds remaining in the name of the authority, after all proper bills and expenses
have been paid, shall be transferred to the county general fund by the weather modification
authority commissioners on the effective date of the resolution. In the event there are
outstanding valid bills unpaid after that date, the board of county commissioners is hereby
authorized to pay such obligations from moneys in the county general fund. A recall petition
shall have a title with the heading: "Recall Petition for the Abolishment of (insert name of county)
Weather Modification Authority". The recall petition shall incorporate a paragraph stating its
purpose in clear language and shall comply with all requirements prescribed in subsections 4, 5,
and 6 of section 61-04.1-24, relating to petition contents, committee for petitioners, petition
details, affidavits, and persons circulating such petitions.
61-04.1-29. Creation of weather modification authority by election.
When a petition signed by not less than twenty percent of the qualified electors of the
county, as determined by the vote cast for the office of governor at the last preceding
gubernatorial election, requesting an election upon the establishment of a weather modification
authority is presented to the board of county commissioners, not later than forty-five days prior
to the next countywide election, the board of county commissioners shall submit the question to
the qualified electors of the county at the next countywide election. Upon approval by a majority
of the votes cast on the question, the board of county commissioners shall, by resolution,
establish a weather modification authority as described in section 61-04.1-23 with all powers set
out in this chapter, including the power to certify a tax levy as provided by section 61-04.1-26.
61-04.1-30. Abolishment of weather modification authority by election.
When a petition signed by not less than twenty percent of the qualified electors of the
county, as determined by the vote cast for governor in the last preceding gubernatorial election,
requesting an election upon the abolishment of a weather modification authority as created in
sections 61-04.1-27 and 61-04.1-29 is presented to the board of county commissioners, not
later than sixty days prior to the next countywide election, the board of county commissioners
shall submit the question to the qualified electors of the county at the next countywide election.
Upon approval by a majority of the votes cast on the question, the board of county
commissioners shall abolish the weather modification authority as of December thirty-first
following the election. All unexpended funds remaining in the name of the weather modification
authority, after all proper bills and expenses have been paid, shall be deposited in the general
fund of the county.
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61-04.1-31. Creation of weather modification authority by vote after resolution of
county commissioners.
The board of county commissioners of any county may, by resolution after a public hearing,
submit the question of the creation of a weather modification authority to the electors of the
county at the next countywide election. Upon approval by a majority of the votes cast on the
question, the board of county commissioners shall pass a resolution creating a weather
modification authority, as described in section 61-04.1-23. Such an authority shall have all
powers provided by this chapter, including the authority to levy a tax as provided by section
61-04.1-26.
61-04.1-32. County budget may be waived for first appropriation - Conditions.
The provisions of chapter 11-23 shall not apply to appropriations made under the provisions
of this chapter. However, immediately after a weather modification authority has been created
by resolution of the board of county commissioners, and after certification of a mill levy by the
weather modification authority, and only for the initial or first appropriation for the authority, the
board of county commissioners may appropriate from moneys, not otherwise appropriated, in
the general fund, such moneys as are necessary for carrying out the provisions of this chapter.
However, the appropriation shall not exceed an amount equal to what funds would be raised by
a seven-mill levy upon the taxable valuation of the property in the county.
61-04.1-33. Bids required - When.
Whenever the board shall undertake to contract with any licensed controller in an amount in
excess of ten thousand dollars in any one year, the board shall advertise for proposals for such
weather modification activities and, in its proceedings with respect to bids therefor, shall
substantially follow the manner and form required by the laws of this state for the purchase of
supplies by the office of management and budget. The board shall enter into no contract or
agreement for weather modification services except with a controller, holding the permit as
required by this chapter, except for the purpose of gathering technical information, and making
studies or surveys.
61-04.1-34. Performance bond, cash, or negotiable securities required.
Before the board shall contract with any controller, it shall require the controller to furnish a
surety bond or cash or negotiable securities for the faithful performance of the contract in such
amount as determined by the board, conditioned that the licensee and the licensee's agents will
in all respects faithfully perform all weather modification contracts undertaken with the board
and will comply with all provisions of this chapter and the contract entered into by the board and
the licensee.
61-04.1-35. Bid bond, cash, or negotiable securities required.
All bids submitted to the board for operations conducted under this chapter shall be
accompanied by a separate envelope containing a bidder's bond or cash or negotiable
securities in a sum equal to five percent of the full amount of the bid, executed by the bidder as
principal or by a surety company authorized to do business in this state as a guarantee that the
bidder will enter into the contract if it is awarded to the bidder.
61-04.1-36. State immunity.
Nothing in this chapter shall be construed to impose or accept any liability or responsibility
on the part of this state or any of its agencies, or any state officials or state employees or
weather modification authorities for any injury caused by weather modification operations by any
person or licensed controller as defined in this chapter.
61-04.1-37. Liability of controller.
1. An operation conducted under the license and permit requirements of this chapter is
not an ultrahazardous or abnormally dangerous activity which makes the permittee
subject to liability without fault.
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2.
3.
4.
Dissemination of materials and substances into the atmosphere by a permittee acting
within the conditions and limits of the permittee's permit shall not constitute trespass.
Except as provided in this section and in section 61-04.1-36, nothing in this chapter
shall prevent any person adversely affected by a weather modification operation from
recovering damages resulting from negligent or intentionally harmful conduct by a
permittee.
The fact that a person holds a license or was issued a permit under this chapter, or
that the person has complied with the rules adopted by the board pursuant to this
chapter, is not admissible as a defense in any legal action which may be brought
against the person.
61-04.1-38. Board may receive and expend funds.
The board may receive and accept in the name of the state any funds that are offered or
become available from any federal grant or appropriation, private gift, donation, or bequest,
county funds, or funds from any other source except license and permit fees, and to expend
these funds for the expense of administering this chapter, and, with the exception of county
funds and funds from any other person contracting with the board for weather modification
operations, for the encouragement of research and development in weather modification by any
private person, the North Dakota state university, the university of North Dakota, or any other
appropriate state, county, or public agency in this state by direct grant, contract, or other means.
All federal grants, federal appropriations, private gifts, donations, or bequests, county funds,
or funds from any other source except license and permit fees, received by the board must be
paid over to the state treasurer, who shall credit this amount to a special fund in the state
treasury known as the state weather modification fund. All proceeds deposited by the state
treasurer in the state weather modification fund are appropriated to the board and, if expended,
must be disbursed by warrant-check prepared by the office of management and budget upon
vouchers submitted by the board and must be used for the purpose of paying for the expense of
administration of this chapter and, with the exception of county funds or funds from any other
person contracting with the board for weather modification operations, for the encouragement of
research and development in weather modification by any private person, the North Dakota
state university, the university of North Dakota, or any other appropriate state, county, or public
agency by direct grant, contract, or other means.
61-04.1-39. Payment for weather modification - State to provide funds.
Any weather modification authority or person that contracted with the board for weather
modification operations under this chapter shall appropriate to the state weather modification
fund the amount determined by the board to be necessary to provide that weather modification
authority or person with weather modification operations. The board may expend, from the state
weather modification fund, the funds the board deems necessary to provide a contracting
weather modification authority or person with weather modification operations.
61-04.1-40. State water commission - Compensation - Expenses.
Each member of the North Dakota state water commission shall receive the same
compensation paid for other commission duties, for each day actually and necessarily engaged
in the performance of official duties in connection with the administration of this chapter.
Commission members and employees shall be reimbursed for actual and necessary expenses
incurred in carrying out their official duties in the same manner and at the same rates as
provided by law for state employees.
61-04.1-41. Penalty.
Any person contracting for or conducting any weather modification activity without being
licensed in accordance with the provisions of this chapter, or otherwise violating the provisions
of this chapter, shall be guilty of a class B misdemeanor.
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