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 544.240, inclusive.

NRS 544.240 Penalties.

_________

RESEARCH

NRS 544.010 Shorttitle. NRS544.010 to 544.060, inclusive, maybe cited as the Weather Modification Research Law.

(Added to NRS by 1961, 668)

NRS 544.020 Definitions. As used in NRS 544.010to 544.060, inclusive, unless thecontext otherwise requires:

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 544.030 StateDepartment of Conservation and Natural Resources authorized to conduct researchprograms. The Department may conduct weathermodification research programs.

(Added to NRS by 1961, 668)

NRS 544.040 Countyfinancial participation in research; conditions. Inareas where weather modification research is to be carried on, the countiesinvolved may give such financial assistance as the Director and the board ofcounty commissioners shall determine, but such financial assistance shallaggregate for the counties involved an amount not less than 25 percent of theamount paid by the State for such program.

(Added to NRS by 1961, 668)

NRS 544.050 Agreementsbetween counties and State Department of Conservation and Natural Resources;term of agreements. Counties in cooperatingwith the Director in conducting any weather modification program in fulfillmentof the purposes of NRS 544.010 to 544.060, inclusive, are authorized to enterinto 5-year agreements with the Director.

(Added to NRS by 1961, 669; A 1975, 576)

NRS 544.060 Useof facilities and technical resources of Desert Research Institute of Nevada System of Higher Education. In carrying out thepurposes of NRS 544.010 to 544.060, inclusive, the Director shallutilize to the fullest possible extent the facilities and technical resourcesof the Desert Research Institute of the Nevada System of Higher Education.

(Added to NRS by 1961, 669; A 1969, 1443; 1993, 413)

REGULATION OF OPERATIONS

NRS 544.070 Definitions. As used in NRS 544.070to 544.240, inclusive, unless thecontext requires otherwise:

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; 1999, 520, 542)

NRS 544.080 Powersof the Director of the State Department of Conservation and Natural Resources. In the performance of his functions the Director may, inaddition to any other acts authorized by law:

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 NRS 544.070 to 544.240, inclusive, or any regulations ororders issued thereunder.

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 NRS 544.070 to 544.240, inclusive.

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 544.090 Promotionof research and development. The Directorshall exercise his powers in such manner as to promote the continued conduct ofresearch and development activities in the fields specified below by private orpublic institutions or persons and to assist in the acquisition of an expandingfund of theoretical and practical knowledge in such fields. To this end theDirector may conduct, and make arrangements including contracts and agreementsfor the conduct of, research and development activities relating to:

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)

NRS 544.100 Hearings:Record of proceedings; subpoenas. In the caseof hearings held pursuant to NRS 544.220,the Director shall, and in other cases may, cause a record of all proceedingsto be taken and filed with the Director, together with his findings andconclusions. For any hearing, the Director or a representative designated byhim may issue, in the name of the Director, subpoenas requiring any person toappear and testify or to appear and produce documents at any designated place.

(Added to NRS by 1961, 693; A 1981, 89)

NRS 544.110 Acceptanceof gifts and grants. The Director may, subjectto any limitations otherwise imposed by law, receive and accept for and in thename of the State any money which may be offered or become available fromfederal grants or appropriations, private gifts, donations or bequests, or fromany other source, and may expend the money, unless its use is restricted andsubject to any limitations otherwise provided by law, for the administration ofNRS 544.070 to 544.240, inclusive, and for theencouragement of research and development by a state or public or privateagency, either by direct grant, by contract or other cooperative means.

(Added to NRS by 1961, 693; A 1979, 118)

NRS 544.120 Licenseand permit required for activities for modification and control of weather. Except as provided in NRS544.130, no person shall engage in activities for weather modification andcontrol except under and in accordance with a license and a permit issued bythe Director authorizing such activities.

(Added to NRS by 1961, 693)

NRS 544.130 Exemptions. The Director, to the extent he deems practical, shallprovide by regulation for exempting from the license, permit and liability requirementsof NRS 544.070 to 544.240, inclusive:

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 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.]

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 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 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.]

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 NRS 425.560.

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 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 supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] The applicationof a natural person who applies for the issuance of a license to engage inactivities for weather modification and control must include the socialsecurity number of the applicant.

(Added to NRS by 1997, 2090)

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.]

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 Qualifications of licensees; issuanceand renewal of licenses; fee. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreational licensesfor child support arrearages and for noncompliance with certain processesrelating to paternity or child support proceedings.]

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 544.150 Conditionsfor issuance of permits. The Director shallissue permits in accordance with such procedures and subject to such conditionsas he may by regulation establish to effectuate the provisions of NRS 544.070 to 544.240, inclusive, only:

1. If the applicant is licensed pursuant to NRS 544.070 to 544.240, inclusive.

2. If a sufficient notice of intention is publishedand proof of publication is filed as required by NRS 544.180.

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 NRS 544.200.

(Added to NRS by 1961, 694)

NRS 544.160 Separatepermit required for each operation; notice of intention; conditions andmodification of permit. A separate permit shallbe issued for each operation. Prior to undertaking any weather modification andcontrol activities the licensee shall file with the Director and also cause tobe published a notice of intention. The licensee, if a permit is issued, shallconfine his activities for the permitted operation substantially within thetime and area limits set forth in the notice of intention, unless modified bythe Director, and his activities shall also substantially conform to anyconditions imposed by the Director upon the issuance of the permit or to theterms of the permit as modified after issuance.

(Added to NRS by 1961, 694)

NRS 544.170 Noticeof intention: Contents. The notice ofintention shall set forth at least all the following:

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 544.180 Noticeof intention: Publication; filing of proof of publication.

1. The applicant shall cause the notice of intention,or that portion thereof including the items specified in NRS 544.170, to be published at least oncea week for 3 consecutive weeks in a newspaper having a general circulation andpublished within any county in which the operation is to be conducted and inwhich the affected area is located, or, if the operation is to be conducted inmore than one county or if the affected area is located in more than one countyor is located in a county other than the one in which the operation is to beconducted, then in a newspaper having a general circulation and publishedwithin each of such counties. In case there is no newspaper published withinthe appropriate county, publication shall be made in a newspaper having ageneral circulation within the county.

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)

NRS 544.190 Proofof financial responsibility. Proof offinancial responsibility may be furnished by an applicant by his showing, tothe satisfaction of the Director, his ability to respond in damages forliability which might reasonably be attached to or result from his weathermodification and control activities in connection with the operation for whichhe seeks a permit; but the applicant need not show ability to respond indamages for liability resulting from precipitation caused by weathermodification experiments.

(Added to NRS by 1961, 695; A 1967, 159)

NRS 544.200 Feesfor permits. The fee to be paid by eachapplicant for a permit shall be equivalent to 1 1/2 percent of the estimatedcost of such operation, such cost to be estimated by the Director from theevidence available to him. The fee is due and payable to the Director as of thedate of the issuance of the permit, but if the applicant is able to give to theDirector satisfactory security for the payment of the balance, he may bepermitted to commence the operation, and a permit may be issued therefor, uponthe payment of not less than 50 percent of the fee. The balance due shall bepaid within 3 months from the date of the termination of the operation as prescribedin the permit. Failure to pay a permit fee as required is grounds for suspensionor revocation of the license of the delinquent permit holder and grounds forrefusal to renew his license or to issue any further permits to such person.

(Added to NRS by 1961, 695)

NRS 544.210 Recordsand reports of licensees and exempt organizations.

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 NRS 544.070 to 544.240, inclusive, covering each operationfor which a permit is issued. The Director shall also require written reportsfrom such organizations as are exempt from the license, permit and liabilityprovisions of NRS 544.130.

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 544.220 Suspensionor revocation of license or permit: Grounds; modification of terms.

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 NRS 544.070 to 544.240, inclusive. Such suspension orrevocation shall occur only after notice to the licensee and a reasonableopportunity granted such licensee to be heard respecting the grounds for theproposed suspension or revocation. The Director may refuse to renew the licenseof, or to issue another permit to, any applicant who has failed to comply withany provisions of NRS 544.070 to 544.240, inclusive.

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 544.230 Constructionof NRS544.070 to 544.240, inclusive. Nothing in NRS 544.070to 544.240, inclusive, shall beconstrued to impose or accept any liability or responsibility on the part ofthe State or any state officials or employees for any weather modification andcontrol activities of any private person or group, or to affect in any way anycontractual, tortious or other legal rights, duties or liabilities between anyprivate persons or groups.

(Added to NRS by 1961, 696)

NRS 544.240 Penalties. Any person violating any of the provisions of NRS 544.070 to 544.240, inclusive, or any lawfulregulation or order issued pursuant thereto shall be guilty of a misdemeanorand a continuing violation is punishable as a separate offense for each dayduring which it occurs.

(Added to NRS by 1961, 696)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.