WSP07672

• File Number: 8040.980
• Description: Section D General Studies-Weather Modification
• State: CA
• Date: 2/7/1951
• Author: CAChamberofCommerce
• Title: Scientific Economic and Legal Aspects of Weather Modification
• Water Supply Pro - Doc Type: Report/Study

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That \-Iould pose difficult ~roblems in actuarial principles and in determination of
liability. As weather that is dP-lWging to one crop may be beneficial to another,
l~rge scale control of climatic conditions might necessitate a controlled pattern
of agriculture with entire sections given over to certain tyres of activity.

Because of the hazards that naturally accom?8.U7 the power,to modify climate,
o'1inions have been voiced as to the need for regulation varying all the w"'" from
tem~erate suggestions to hysterical demands. In the succeeding paragraphs will be
given briefly the important highlights which have appeared recently in discussions
alo~g this line. These as is usual in matters of reEUlation cover the entire range
of )olitice.l philosophy from laissez faire to socialization. "Ie find a vi'e>Tpoint
to the effect that legislation now will discourage initiative in eX?erimentation,
while at the same time there is an ouposite opinion that further experimentation
should be prohibited until legal problems have been solved.

An article recently appearing in the Harvard La\-l School Record expresses the opin-
ion that any legislation pt this time is pror.~turo pnd insists that the courts
should be'left free to allow the common law to establish new rules as the need
arises. Analyses have been made by a number of recognized authorities of the ap-
plicability of existing law. Unquestionably, precedents exist in support of claims
for damages against any private party who injures either the pronerty or person of
another as a result of "reather modification activi ties. Courts could classify
rain-making activities as extra-hazardous as has been done in the case of the use of
explosives, operations of oil "'ell facilities and many others. :Jameges then could
be gr~nted to a plaintiff even if the defendant could show that he had operated in
a ,!rudent manner >Tith no negligence whatever att"ching to his activities.

The <;enere.l view of the courts is the.t any hazB.rd.ous enterprise, hO\.rever, valuable
to society as a >Thole. must pay its way and be responsible for any damages caused
by its activities. This is often expressed by the legal maxim "so use your own as
not to injure others' property" and is embodied in the California Civil Code. This
do~trine has imposed strict liabilit;', for instance, for any injury cau.ed by the
escape of anything kept upon one's land >Thich of a IlPt'~re to a.o mischief in case it
escapes. It ,.rould not be a far fetched interpretation that a rainmaker should be
responsible for da~age caused by the escape of elements created by himself from the
property of himself or his clients. Other doctrines ,./hich it is held might 'oe ap-
plicable are those against trespass and nuisance. One definition of nuisance in
the Celifornia. Civil Code is that it is "an obstruction to the free use of uroperty,
so as to interfere ,rith the comfortable enjoYr:lent of life or property."

::? It has repeatedly been upheld that it is e. "netural r1E;ht" of a la,,ful holder of
~ land to have the use of the land in na.tural condition vol thout interference in aI'-Y
If') of the natural elements. That is not to say that oHnership of land carries >ri th it
~ the o"'nership of the air above it ana. the moisture in the air. That theory has been
~ut to rest by the invention of the airplane. However it is considered ~easonable
for the land holder to demand that there be no interference with the natural fall of
rain or snO>f upon his holding. Then any modification of ..reather ',lithout his permis-
sion >lhich interfered '<ith the natural fall should give him cause for demanding
com~ensation for injur'J suffered thereby, even thoU&h there >fe.s no intent to do harm.

It has been 90inted out that certain conditions might nullify rights to compensations
for injury suffered beceuse of attem?ts at climate control. If parties engaged in
the orofession of weather modification are accepted as being engaged in a usual and
useful Occu:9ation, they ,'ould not be liable for damoges as long as their a.ctivities
were strictly >Tithin the bounds of their occupations, and >rere exercised with reason-
able p~udence and skill. However, in regard to such businesses or professions -
practice of medicine might be cited as an example - it is customary to establish

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