There is a newer version of the North Dakota Century Code
2009 North Dakota Code
61 Waters
61-04.1 Weather Modification
Download pdfresearch 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. Page No. 1 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 the form of rain, snow, hail, mist, or fog through cloud seeding,
electrification, or by other means to provide immediate practical benefits. 10. "Weather modification authority" means the governing body created by a board of
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, § 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. Page No. 2 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 board. Board members who are not
full-time salaried employees of this state are entitled to receive compensation of sixty-two dollars
and fifty cents per day 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. Page No. 3 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 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 Page No. 4 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 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. 2. 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. Page No. 5 (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 and pilots 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. 3. 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. 4. 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. 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 Page No. 6 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
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. Page No. 7 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. 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 Page No. 8 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. A commissioner of a weather modification authority shall receive no compensation for services, but shall be
entitled to the necessary expense, as defined in section 44-08-04, incurred in the discharge of
the commissioner's duties. Each commissioner 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 shall constitute a quorum for the purpose of conducting the business of the authority and exercising its powers and for all other
purposes. A majority of the commissioners shall constitute a quorum, but 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 Page No. 9 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. Tax may be certified by weather modification authority. The weather modification authority may certify annually to the board of county commissioners a tax of not to
exceed seven mills upon the taxable valuation of the property in the county for a weather
modification fund. If weather modification services are not provided to the entire county, the
weather modification authority may certify annually to the board of county commissioners a tax
for a weather modification fund of not to exceed seven mills upon the taxable valuation of the
property in the county designated to receive weather modification services. The tax shall be
levied by the board of county commissioners and may be levied in excess of the mill levy limit
fixed by law for taxes for general county purposes. The weather modification fund shall be used
only for weather modification activities in conjunction with the state of North Dakota. The tax
certified by the weather modification authority is limited to the period of existence of the weather
modification authority as provided for in this chapter. 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. 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 Page No. 10 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
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
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. 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. Page No. 11 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. 2. 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. 3. 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. 4. 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 Page No. 12 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. Page No. 13 Document Outline chapter 61-04.1 weather modification
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