Chapter 558 — Chapter 558
77 sections in this chapter.
ORS 558.010 Definitions for ORS 558.010 to 558.140. As used in ORS 558.010 to 558.140
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(1) “Department” means the State Department of Agriculture. (2) “Person” includes any public or private corporation. [1953 c.654 §1; 1955 c.61 §4]
ORS 558.020 Purpose of ORS 558.010 to 558.140. The purpose of ORS 558.010 to 558.140 is to promote the public health, safety and welfare by providing for the licensing, regulation and control of interference by artificial means with the natural precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. [1953 c.654 §2]
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[Repealed or reserved.]
ORS 558.030 Artificial weather modification prohibited without license. No person, without securing a license from the State Department of Agriculture, shall cause or attempt to cause by artificial means condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere, or shall prevent or attempt to prevent by artificial means the natural condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. [1953 c.654 §3]
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[Repealed or reserved.]
ORS 558.040 Application for license; fee. (1) Any person desiring to do any of the acts specified in ORS 558.030 shall file with the State Department of Agriculture an application for a license on a form to be supplied by the department for such purpose setting forth all of the following
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(a) The name and post-office address of the applicant. (b) The education, experience and qualifications of the applicant, or if the applicant is not an individual, the education, experience and qualifications of the persons who will be in control and in charge of the operation of…
ORS 558.050 Proof of financial responsibility. (1) No license shall be issued to any person until the person has filed with the State Department of Agriculture proof of ability to respond in damages for liability on account of accidents arising out of the weather modification operations to be conducted by the person in the amount of $100,000 because of bodily injury to or death of one person resulting from any one accident, and, subject to said limit for one person, in the amount of $300,000 because of bodily injury to or death of two or more persons resulting from any one accident, and in the amount of $300,000 because of injury to or destruction of property of others resulting from any one accident
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(2) Proof of financial responsibility may be given by filing with the department a certificate of insurance or a bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or a certificate evidencing deposit of money in the same manner and wi…
ORS 558.052 Requirements for bonds used to meet financial responsibility. A bond used to comply with financial responsibility requirements under ORS 558.050 must meet all of the following requirements
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(1) The bond must be in the amount required by ORS 558.050. (2) The bond must be approved by a judge of a court of record in this state. (3) The bond must contain a provision that it cannot be canceled except upon the giving of 10 days’ prior written notice to the State Departmen…
ORS 558.053 Judgment against principal on bond; action against surety; satisfaction. (1) If a judgment rendered against the principal on a bond described under ORS 558.052 is not settled within 60 days after it has become final, a judgment creditor, for the judgment creditor’s own use and benefit and at the judgment creditor’s sole expense, may bring an action against any surety on the bond. An action brought under this section must be brought in the name of the state. An action under this section may include any action or proceeding to foreclose any lien established upon the real property of a surety under ORS 558.052
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(2) For purposes of this section, a judgment is satisfied when any of the following occurs: (a) Payments in the amounts established by the payment schedule under ORS 558.050 have been credited upon any judgment or judgments rendered in excess of those amounts. (b) Judgments rende…
ORS 558.054 Deposit of cash or other security to meet financial responsibility; rules; use of deposit. (1) A person may satisfy the financial responsibility requirements of ORS 558.050 by depositing with the State Department of Agriculture the following
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(a) Cash; (b) Legally issued general obligations of the United States, the agencies and instrumentalities of the United States and the States of Oregon, Washington, Idaho and California; (c) Certificates of deposit or other similar instruments if the instruments are insured by th…
ORS 558.055 Hearing on application for license. Upon receipt of an application for a license, the State Department of Agriculture shall fix the time and place for a public hearing on the application. Such hearing shall be held in the county seat of any county in which the proposed operation will be conducted. The department shall notify the applicant of the time and place of hearing in sufficient time for the applicant to comply with the notice requirements of ORS 558.080 to 558.100. [1975 c.420 §3]
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[Repealed or reserved.]
ORS 558.060 Issuance of license; conditions; licensee’s authority; use of materials other than described in license; renewal; fee. (1) The State Department of Agriculture shall act within 30 days, but shall only issue the license upon finding that
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(a) The applicant is qualified to undertake the weather modification operation proposed in the application; (b) The production, management or conservation of water or energy resources or agricultural or forest crops could be benefited by the proposed weather modification operatio…
ORS 558.065 [1965 c.336 §2; repealed by 1967 c.225 §1 (558.066 enacted in lieu of 558.065)]
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[Repealed or reserved.]
ORS 558.066 Governmental entities conducting weather modification at airport; exemption. The State of Oregon or its agencies, counties, cities, public corporations or political subdivisions thereof or any person engaged by any of them for the purpose of removing or dispersing fog, or carrying out or performing any other weather modification at an airport owned or operated by the State of Oregon or its agencies, counties, cities, public corporations or political subdivisions thereof, are exempt from the provisions of ORS 558.010 to 558.140 in respect to such operations at such airport only. [1967 c.225 §2 (enacted in lieu of 558.065)]
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[Repealed or reserved.]
ORS 558.070 [1953 c.654 §6; repealed by 1975 c.420 §12]
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[Repealed or reserved.]
ORS 558.080 Contents of hearing notice. The notice of hearing shall set forth all of the following
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(1) The name and post-office address of the applicant. (2) The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant. (3) The nature and object of the weather modification operation which appli…
ORS 558.090 Publication of notice of hearing. The applicant shall cause the notice of hearing to be published at least once a week for two consecutive weeks in a newspaper having a general circulation and published within the county wherein the proposed operation is to be conducted and in which the affected area is located, or if the proposed operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the proposed operation is to be conducted, then such notice shall be published in like manner in a newspaper having a general circulation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county. The date of last publication shall be not less than three nor more than 10 days prior to the date set for hearing. [1953 c.654 §8; 1975 c.420 §6]
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[Repealed or reserved.]
ORS 558.100 Proof of publication. Proof of publication shall be filed by the applicant with the State Department of Agriculture at the time of the hearing. Proof of publication shall be by copy of the notice as published, attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice. [1953 c.654 §9; 1975 c.420 §7]
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[Repealed or reserved.]
ORS 558.110 Records and reports of operations; public examination. (1) Each licensee shall keep and maintain a record of all operations conducted by the licensee pursuant to the license showing the method employed, the type of equipment, the type and composition of the materials used, the times and places of operation of the equipment, the name and post-office address of each person participating or assisting in the operation other than the licensee, the estimated precipitation for each licensed project, defining the gain or loss occurring from the operations, together with supporting data therefor, and such other information as may be required by the State Department of Agriculture, and shall report the same to the department at such times as it may require
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(2) The records of the department and the reports of all licensees shall be available for public examination. [1953 c.654 §10; 1975 c.420 §8]
ORS 558.120 Emergency licenses. Notwithstanding any provision of ORS 558.010 to 558.140 to the contrary, the State Department of Agriculture may grant a license permitting a weather modification operation without compliance by the licensee with the provisions of ORS 558.055 and 558.080 to 558.100, if the operation appears to the department to be necessary or desirable in aid of the extinguishment of fires, dispersal of fog, or other similar emergency. [1953 c.654 §11; 1975 c.420 §9]
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[Repealed or reserved.]
ORS 558.130 [1953 c.654 §12; repealed by 1975 c.420 §12]
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[Repealed or reserved.]
ORS 558.135 Revocation, suspension, refusal to issue or renew license; procedure. (1) Where the State Department of Agriculture proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183
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(2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183. [1975 c.420 §11]
ORS 558.140 Appropriation for administration and enforcement. All moneys received by the State Department of Agriculture under ORS 558.010 to 558.140, in addition to any other appropriation of funds available for the administration of ORS 558.010 to 558.140, hereby are continuously appropriated to the department for the purpose of defraying the costs and expenses incurred in the administration and enforcement of ORS 558.010 to 558.140. [1955 c.61 §3]
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WEATHER MODIFICATION DISTRICTS (General Provisions)
ORS 558.200 Definition of “county court.” As used in ORS 558.200 to 558.440, “county court” includes board of county commissioners. [1969 c.698 §1]
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[Repealed or reserved.]
ORS 558.203 Application of election laws. (1) ORS chapter 255 governs the following
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(a) The nomination and election of commissioners. (b) The conduct of district elections. (2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §314]
ORS 558.205 [1969 c.698 §35; 1975 c.647 §47; repealed by 1983 c.350 §331a]
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(Incorporation)
ORS 558.210 Incorporation for weather modification; limitations as to area. Any designated area within a county bordering the Columbia River and having a population of less than 21,000, according to the latest federal decennial census, or within two or more of such counties, may be incorporated as a weather modification district for the purpose of
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(1) Causing or attempting to cause by artificial means condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere; or (2) Preventing or attempting to prevent by artificial means the natural condensation or precipitation of rain, s…
ORS 558.215 [1969 c.698 §4; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 558.220 [1969 c.698 §17; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 558.225 [1969 c.698 §5; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 558.230 [1969 c.698 §6a; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 558.235 Treatment of forestlands as benefited property. Forestlands within a forest protection district as defined in ORS chapter 477, shall not be considered benefited property and shall not be included in a weather modification district unless the owner of the forestlands petitions the county court having jurisdiction of the formation proceedings to have the lands of the owner included. [1969 c.698 §6; 1971 c.727 §173]
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[Repealed or reserved.]
ORS 558.240 [1969 c.698 §20; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 558.245 [1969 c.698 §7; 1971 c.727 §175; repealed by 1983 c.350 §331a]
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[Repealed or reserved.]
ORS 558.250 [1969 c.698 §8; repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 558.255 [1969 c.698 §9; 1971 c.647 §125; repealed by 1983 c.350 §331a]
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[Repealed or reserved.]
ORS 558.260 [1969 c.698 §§10,11,12,16; repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 558.265 [1969 c.698 §13; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 558.270 [1969 c.698 §14; repealed by 1983 c.350 §331a]
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[Repealed or reserved.]
ORS 558.275 [1969 c.698 §15; repealed by 1971 c.727 §203]
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(Powers of District)
ORS 558.300 General powers of district. After the date of formation, a district shall make all contracts, hold and receive and dispose of real and personal property within and without its described boundaries and do all other acts and things which may be requisite, necessary or convenient in carrying out the objects of the district or exercising the powers conferred upon it as in ORS 558.200 to 558.440 set out and expressed, sue and be sued, plead and be impleaded in all actions and suits or other proceedings brought by or against it. [1969 c.698 §18; 1971 c.727 §177]
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[Repealed or reserved.]
ORS 558.310 Limitation on right to own or operate equipment. No weather modification district shall own or operate airplanes, chemicals or other equipment or appliances for weather modification activities, but must when conducting weather modification activities hire a person licensed under the provisions of ORS 558.010 to 558.140. [1969 c.698 §60]
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[Repealed or reserved.]
ORS 558.315 Rules. Any weather modification district may adopt and promulgate rules and regulations concerning the use of the property of the district. [1969 c.698 §27]
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[Repealed or reserved.]
ORS 558.320 Duty to carry liability insurance. A weather modification district shall obtain not later than the 60th day after the date of the election forming such district and before beginning any weather modification activities liability insurance coverage of not less than $500,000 bodily injury and $500,000 property damage, to reimburse persons for damages arising from weather modification activities. [1969 c.698 §61]
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[Repealed or reserved.]
ORS 558.325 Cooperative agreements between districts. Weather modification districts organized under ORS 558.200 to 558.440 may enter into cooperative agreements with each other providing for the joint use or control of facilities for weather modification. [1969 c.698 §28]
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[Repealed or reserved.]
ORS 558.330 [1969 c.698 §40; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 558.340 Tax assessment, levy and collection; boundary change. (1) The district may assess, levy and collect taxes each year not to exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within the limits of the district, computed in accordance with ORS 308.207. The proceeds of the tax shall be applied by it in carrying out the objects and purposes of ORS 558.210, 558.235, 558.300 and 558.345 and for the purpose of financing the employees’ retirement system
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(2) Any such taxes needed shall be levied in each year and returned to the county officer whose duty it is to extend the tax roll by the time required by law for city taxes to be levied and returned. (3) All taxes levied by the district shall become payable at the same time and b…
ORS 558.345 Disposal of taxes levied when organization declared invalid. When an attempt has been made to organize a district under the provisions of ORS 558.200 to 558.440 and subsequently by a judgment of a court it has been declared that the organization is invalid, but prior to such judgment the invalid organization has levied taxes, the funds derived from the levy shall be disposed of as follows
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(1) If the area embraced in the invalid organization is embraced in a subsequently created organization composed of unincorporated or incorporated territory, or combinations thereof, for the purpose of weather modification, the custodian of the taxes collected for the invalid org…
ORS 558.350 Employees’ retirement system. (1) A weather modification district organized under ORS 558.200 to 558.440 may establish an employees’ retirement system. The commissioners may enter into agreements necessary to establish the system and carry out the plan and may agree to modifications of such agreements from time to time
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(2) The retirement plan may provide for retirement benefits measured on the basis of services rendered or to be rendered by an employee, either before or after the date on which such employee first becomes a member of the retirement plan. The retirement plan may provide for a min…
ORS 558.355 Budget for retirement system. The district may budget and provide for payment into the fund of the retirement plan an amount sufficient
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(1) To provide on an actuarial reserve basis the amortized level premium cost of the retirement benefits which, under the provision of the retirement system, are to be provided by the district to its employees who attain the retirement age or retire in accordance with the terms o…
ORS 558.360 Employee contribution. The district may collect, as a contribution from any employee, that percentage of the salary received by the employee which is necessary to fund on an actuarial reserve basis the cost of retirement benefits which the employee is required to provide pursuant to the provisions of a retirement plan. [1969 c.698 §58]
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[Repealed or reserved.]
ORS 558.365 Limitation on membership. Nothing in ORS 558.200 to 558.440 authorizes the district to budget, provide for payments or collect contributions to fund retirement benefits for an individual who is not in the employment of the district at the time of the creation of a membership status under a retirement plan. [1969 c.698 §59]
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(Board of Commissioners)