Board Meeting Memorandum 09/08/2003 ‎(B)‎

• Board Meeting Date: 9/8/2003
• Description: Non Reimbursable Investments Weather Modification Program Demonstration Projects
• Board Meetings - Doc Type: Meeting

64 JOURNAL OF WEATHER MODIFICATION VOLUME 33
Committee, comprised of water users and (S) Trespass: The mere dissemination of
government agencies having stewardship over water materials and substances into the atmosphere or
resources. The other was the Technical Advisory causing precipitation pursuant to an authorized cloud
Committee, composed of meteorologists, statisticians seeding project shall not give rise to any presumption
and scientists with expertise relating to program that such use of the atmosphere or lands constitutes
design, evaluation and research. Both committees trespass or involves and actionable or enjoyable
functioned until 1983 and provided valuable input to public or private nuisance.
the Division of Water Resources. Some cloud
seeding research and evaluation began with state (6) Interstate Activities: Cloud seeding in Utah
funding at Utah State University in the late 1 970s. to target an area in an adjoining stale is prohibited
The NOAA/Utah Cooperative Research Program was except upon full compliance of the Laws of the target
in the planning stage in the late 1970s, and funding area state,as well as the provisions of this act.
began in 1981.
(7) Exemptions: Cloud seeding for the
The state experienced an economic downturn in suppression of fog at airports and frost prevention
the early 1980s. State funding for cloud seeding was measures for the protection of orchards and crops are
greatly reduced and the summer project did not excluded from the act.
survive. The winter programs continued with
eventually a much larger portion of the funding from Based on the 1973 Cloud Seeding Act, the
the local sponsors. These nine years--1973 through Division of Water Resources promulgated rules and
1981--were the heydays for cloud seeding in Utah. regulations relating to cloud seeding in Utah. A
license and permit are required for cloud seeding in
3. 1973 CLOUD SEEDING ACT Utah as well as proof of financial responsibility.
Reporting of cloud seeding activities to NOAA as
The following is a summary of the 1973 Utah required by federal law is also required by the
Cloud Seeding Act: Division of Water Resources.
• (1) Authority: The state of Utah through the 4. STATE FUNDING
Division of Water Resources shall be the only entity,
private or public, that shall have authority to The 1973 Cloud Seeding Act authorized the
authorize, sponsor, and/or develop cloud seeding Division of Water Resources to sponsor and/or
projects within the state of Utah. cost-share in cloud seeding projects. The legislature
for water year 1976 provided funding for wintertime
(2) Ownership of Water: All water derived as a projects and a summertime project at about 70
result of cloud seeding shall be considered as a part percent cost sharing by the state. This level of
of Utah's basic water supply the same as all natural funding continued through 1981.
precipitation water supplies have been heretofore,
and all statutory provisions that apply to water from Because of the state's economic downturn in the
natural precipitation shall also apply to water derived early 1980s,the legislature only provided funding for
from cloud seeding. the winter projects in 1982 and 1983. Without state
funding,the summer project ended in 1981.
(3) Record Keeping: Repealed the 1953 law on
record-keeping and required the Division of Water An extremely wet period occurred statewide in
Resources to establish criteria for reporting data and the spring of 1983 and continued into 1984. No
record-keeping. cloud seeding activities occurred in water year 1984.
The wet conditions continued over most of the state
(4) Rules and Regulations: Any individual or except in extreme Southern Utah (Washington
organization that would like to become a cloud County). The only cloud seeding operation for 1985
seeding contractor in the state of Utah shall register through 1987 was in Washington County, There was
with the Division of Water Resources. As a part of no state funding for cloud seeding in 1987 because
the registration, the applicant shall meet the state was constructing the West Desert Pumping
qualifications established by the Division of Water Project to pump water from the Great Salt Lake to
Resources and submit proof of financial reduce flood damage.
responsibility.
The wet period ended in 1987 and the entire state
• entered into its most critical 10-year dry period. By