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Last modified
7/29/2009 10:02:54 PM
Creation date
10/12/2006 2:30:31 AM
Metadata
Fields
Template:
Water Supply Protection
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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<br />. <br /> <br />. <br /> <br />6ta~dardB of proficie~cy, to set bounds to the activities ~er~itted. to require <br />proof of q\l81ifications fro," those '"ho .wo\.il<1. take \.ill the 0~cu'1ations ~nd to require <br />thooe enga&ed to hold }icens~s. All this hBS co~e aJout t~rough organization and <br />sui t~ble legislation b~sed. upon established scientific facts 2nd. evolved, over a <br />coasiderable period of time. In the present alfiorphous state of kno>lledge in the <br />field of >Feather cOlitrol it might be as~dng too much of the most learned jurist to <br />req'~ire that he establish rules of organization and ccnd1.:ct for this ne"1 profession. <br /> <br />Another instance of nor.-liability is found in the right of nrivate ~arties or govern- <br />ffie~tal ~~its to defead themselves from natural elements evc~ tho'~h' the defensive <br />measures caused in,j1.:ry to on.ers. A precedent ci ted is the right of a landholder to <br />protect his holding from flood even tho~h su~h action diverts the water to another's <br />lan~ and causes damage. A ?arty ~cting in this ~anner is absolved from liability if <br />his mee.sures are purely defensive such as building levees to confine the ~ater to a <br />1.:sual channel as it passes his land. The doctrine holds that other lando"ners have <br />b,.'th the right aI!d the res~onsi bili ty to take necessary and la>lful steps to protect <br />their own property. In ap~lYing this doctrine to weather ~odifications, the obvious <br />question arises as to >mat lengths >lo1.:1d be permissible to private and r,ublic parties <br />ani agencies in protecting the.nselves agaiast storms, if their meesures led to in- <br />jurious action of the >leather elsewhere. It see~s that the protective action in <br />these cases would require measures that are not merely defonsive but tend to become <br />of a oositive aggressive nature. Furthermore, other parties appear not to he.ve the <br />natural ,?rotective measureS at hand against this ne"1 development as "'as the case <br />during the evolution of the present legal doctrines. <br /> <br />The doctrine of riparian rigbts also is claimed to be applicable in this field. <br />Under this doctrine as evolved in the ccmmon law the holder of lend is entitled to <br />the ase h,ithout interference of >Iater in any stream contigu~us to his land. provided <br />the use made is beneficial and does not e~croach upon the similar rights of other <br />land holders. ~he right does not disappear because of disuse or failure from the <br />beginning of title to invoke the right. ~herefore the possessor of the right is <br />entitled at a~ time. regarcless of past use, to the fullest possible beneficial <br />utilization of the natural flo>r of water, subject only to similar rigtts of others <br />and to limiting statutes enacted by the state. This is based upon the presumption <br />that title '.,as acauired in expectation of right to all these 2.dvanta.ges. Then. it <br />is argued. thGse rights ~ust root be im~aired by diminution of the natural stream <br />flow bec~use of artificial restriction of rainfall. <br /> <br />Same authorities go a step farther e.nil claim thet the doctrine cen be exteno.ed now <br />to cover rainfall itself, merely substituting the natural precipitation upon the <br />land for the natural flow of the stream adjacent to the land. This view has stand- <br />~ ing in the constitutional end st~tutory enactments of various states >rhich follow <br />SS the riDarian doctrir.e. In Article ll~, Section 3 of the CaliforI!ia Constitution, <br />l provisions respecting the conservation of water reso'J.rces are so broadly inclusive <br />~that rainfall seems definitely within their scope. It should be mention here that <br />only a small number of states 'oase Nater la", u,on the riparian theoI'"J' They are, <br />unless very recent changes he.ve occurred, California end l1ashington on the Pacific <br />Coast and a solio. tier of plains states consisting of the Dakotas. Nebraska, Kansas, <br />Oklahoma and Texas. The mountain states ".hich are the ",ost arid of al1. follow the <br />so-called Colorado doctrine of appropriation. <br /> <br />Fully es imoortant as the rights and liabilities of ?rivate parties are the powers <br />and liabilities of governrr.entel agencies. These can be discussed briefly under <br />three headings. First, constitutionality of public water statues has been uoheld <br />consistently by the courts. Unde~ these statutes water has been declared th~ prop- <br />erty of the public which >TaS authorized to determine ?nd regulate its use. It - . <br />certainly is not far-fetched to cla.!m that a netura.l extension of these cauld Dermit <br />a state to declare weather modification a public function. Host authorities s~em <br /> <br />- 9 - <br />
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