Weather Control and Cloud Modification (Arizona Revised Statutes: Title 45 Waters; Chapter 9)

1 ARIZONA REVISED STATUTES Title 45 - Waters Chapter 9 – Weather Control and Cloud Modification Article 1 - In General 45-1601. License required No person or corporation, other than the United States and its administrative agencies or the state shall, without having first received a license from the director of water resources, conduct any weather control or cloud modification operations or attempt artificially to produce rainfall. 45-1602. Application for license Any individual or corporation who proposes to operate weather control or cloud modification projects or attempts to artificially induce rainfall shall, before engaging in any such operation, make application to the director for a license to engage in the particular weather control or cloud modification operation contemplated. 45-1603. Application fee; statement accompanying application A. At the time of applying for the license, the applicant shall pay to the director a fee of one hundred dollars, and shall file an application in the form prescribed by the director and furnish a statement showing: 1. The name and address of the applicant. 2. The names of the operating personnel, and if unincorporated all individuals connected with the organization, or if a corporation the names of each of the officers and directors thereof, together with the address of each. 3. The scientific qualifications of all operating or supervising personnel. 4. A statement of all other contracts completed or in process of completion at the time the application is made, giving the names and addresses of the persons to whom the services were furnished and the areas in which such operations have been or are being conducted. 5. Methods of operation the licensee will use and the description of the aircraft, ground and meteorological services to be utilized. 6. Names of the contracting parties within the state, including: (a) The area to be served. (b) The months in which operations will be conducted. (c) The dates when evaluations will be submitted. B. The director shall deposit, pursuant to sections 35-146 and 35-147, all fees received under this section in the water resources fund established by section 45-117. 45-1604. Reports required from licensees; failure to file; revocation of license Each licensee shall, within ninety days after conclusion of any weather control or cloud modification project, file with the director a final evaluation of the project. Each six months during the operation of any project which has not been completed each licensee shall file a report evaluating the operations for the preceding six months in the project. Failure to file such reports constitutes grounds for immediate revocation of the license. 45-1605. Equipment license; fee; application; reports required; revocation of license A. Any individual or corporation engaging in manufacturing, selling or offering for sale, leasing or offering to lease, licensing or offering to license equipment and supplies designed for weather control or cloud modification shall, before engaging in such manufacture, sale or offering for sale, procure a license from the director. The license shall be issued upon payment of a license fee of ten dollars and the filing of an application which shall show: 1. The name and address of the applicant. 2 2. The full description of the type and design of the equipment and supplies manufactured and sold by the applicant. 3. The operating technique of the equipment or supplies. B. Within sixty days after issuance of an equipment license and semiannually thereafter, the licensee shall file with the director a copy of all advertising material used in selling or offering for sale, leasing or offering for lease, licensing or offering for license the equipment and supplies manufactured or sold by it. C. The holder of a license shall within ten days after each sale of equipment or supplies report to the director, in writing, the exact character and quantity of equipment or supplies sold, the date of the sale and the persons to whom the sale was made. D. Failure to file a copy of advertising material or reports required in this section constitutes grounds for immediate revocation of the equipment license. E. The director shall deposit, pursuant to sections 35-146 and 35-147, all fees received under this section in the water resources fund established by section 45-117. 45-1606. Exception Nothing in this article shall be construed to prohibit the use and operation of equipment and supplies designed for the purpose of weather control or cloud modification owned by the owner, lessee or licensee of real property used for agricultural purposes on the property for his exclusive benefit. 45-1607. Violations; classification Any person conducting weather control or cloud modification operations without first having procured a license as provided by this article, or who knowingly makes a false statement in the application for license, or who knowingly fails to file any report or evaluation required by this article, or who conducts any weather control or cloud modification operation after revocation of his or its license, or who violates any other provision of this article, is guilty of a class 3 misdemeanor.