Title 85, Title 85

A person violating any provision of this chapter is guilty of a misdemeanor, and a continuing violation is punishable as a separate offense for each day during which it occurs.

A person may not engage in activities for weather modification and control except under and in accordance with a license and a permit issued by the department authorizing the activities.

(1) The department shall review all applications for weather modification activities. The department shall prepare a report and an environmental impact statement pursuant to Title 75, chapter 1, part 2. The report must contain information relative to all of the criteria applicabl…

The license to engage in activities for weather modification and control must be issued, in accordance with procedures and subject to conditions the department may by rule establish to effectuate the provisions of this chapter, to applicants who demonstrate competence in the fiel…

The license shall be issued for a period to expire at the end of the calendar year in which it is issued and, if the licensee possesses the qualifications necessary for the issuance of a new license, shall upon application be renewed at the expiration of the period.

A license shall be issued or renewed only upon the payment to the department of $100 for the license or renewal.

(1) The permits must be issued in accordance with procedures and subject to conditions that the department may by rule establish to effectuate this chapter. (2) Within 30 days after completion of the report required under 85-3-202, the department shall hold a hearing under Title …

(1) Separate permits must be issued for each operation. (2) If a permit is issued, the holder of the permit shall confine activities to the time and area limits set forth in the notice of intention, unless modified by the department. The permittee's activities must conform to any…

Before undertaking any weather modification and control activities, the applicant for a permit shall file with the department a notice of intention.

The notice of intention shall set forth at least the following: (1) the name and address of the applicant; (2) the nature, purpose, and objective of the intended operation and the person or organization on whose behalf it is to be conducted; (3) the area in which and the approxim…

(1) The department shall have the notice of intention, or that portion thereof including the items specified in 85-3-209, published at least once a week for 2 consecutive weeks in a newspaper having a general circulation and published within any county in which the operation is t…

Proof of financial responsibility may be furnished by an applicant by showing, to the satisfaction of the department, the applicant's ability to respond in damages for liability that might reasonably be attached to or result from the applicant's weather modification and control a…

The fee to be paid by each applicant for a permit must be equivalent to 1% of the estimated cost of the operation, the estimated cost to be computed by the department from the evidence available to it. The fee is due and payable to the department as of the date of issuance of the…

All license and permit fees and fines collected under this chapter, other than those collected in a justice's court, shall be deposited in the state special revenue fund for use by the department in the administration of this chapter or as appropriated by the legislature.

After notice to the licensee and a reasonable opportunity for a hearing, the department may modify, suspend, revoke, or refuse to renew any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary, if it appears that the licensee h…

A licensee shall keep and maintain a record of all operations conducted by the licensee under the license and each permit, showing: (1) the method employed; (2) type of equipment used; (3) kinds and amounts of material used; (4) times and places of operation of the equipment; (5)…

The department shall require written reports, in a manner as it provides, of each operation for which a permit is issued. The department shall also require reports from any organization that is exempt from license and permit requirements as provided in 85-3-202.

The records and reports in the custody of the department shall be open for public examination.

As used in this part, the following definitions apply: (1) "Authority" means a county weather modification authority established pursuant to 85-3-411 or 85-3-413 through 85-3-415. (2) "Commissioner" means a county weather modification authority commissioner appointed pursuant to …

(1) Upon receipt of a valid petition signed by at least 51% of the qualified electors of a county, as determined by the vote cast for the office of governor at the preceding general election, a board of county commissioners may by resolution create a weather modification authorit…

(1) The petition for the creation of a weather modification authority and for appointment of commissioners must contain: (a) a title with the heading "Petition for Creation of (insert name of county) Weather Modification Authority"; (b) the following paragraph: We, the undersigne…

When a petition signed by not less than 20% 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 presen…

(1) When an authority is about to expire, the board of county commissioners 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 85-3-422, for an additional 5-year period if th…

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, the boa…

When a petition signed by not less than 20% 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 an authority created pursuant to 85-3-413 or 85-3-414 is p…

(1) After 51% of the qualified electors of a county, as determined by the vote cast for the office of governor at the last preceding gubernatorial election, petition the board of county commissioners of their county to recall the commissioners of an authority created pursuant to …

(1) A commissioner may not receive compensation for the commissioner's services. Certificates of appointment must be filed with the county clerk and recorder. (2) The powers of each authority are vested in its commissioners. A majority of the commissioners constitutes a quorum fo…

(1) The authority may certify annually to the board of county commissioners a tax on the taxable value of all taxable property in the county for a weather modification fund. Subject to 15-10-420, the tax may be levied by the board of county commissioners. The weather modification…

If an emergency condition requiring prompt expenditure occurs immediately after an authority has been created by resolution of the board of county commissioners and after certification of a mill levy by the authority, the county commissioners may appropriate, from money not other…

(1) After receiving a petition requesting an operation to increase precipitation, initiate precipitation, or suppress hail and bearing the signatures of at least 50 registered electors of the county, the commissioners of an authority shall, within 15 days after receiving the peti…