Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 73. Table of Contents]
73-15-3 Cloud seeding to increase precipitation - Control of Division of Water Resources - Powers and authority of division - "Cloud seeding" and "cloud-seeding project" defined.
The state of Utah through the Division of Water Resources
shall be the only entity, private or public, that shall have
authority to authorize cloud-seeding research, evaluation,
or implementation projects to alter precipitation, cloud
forms, or meteorological parameters within the state of Utah,
except cloud seeding for the suppression of fog; and frost
prevention measures for the protection of orchards and crops
are excluded from the coverage of this act. The Division
of Water Resources shall authorize and may sponsor or develop
local or state-wide cloud-seeding projects that conform to
over-all state water planning objectives and are determined
to be feasible by the Division of Water Resources. The Division
of Water Resources may contract with the Utah water research
laboratory or any other individual or organization for consultation
and/or assistance in developing cloud-seeding projects or
in furthering necessary research of cloud seeding or other
factors that may be affected by cloud-seeding activities.
Cloud seeding as used in this act shall be construed to mean
all acts undertaken to artificially distribute or create
nuclei in cloud masses for the purposes of altering precipitation,
cloud forms, or other meteorological parameters. A cloud-seeding
project as used in this act shall be a planned project to
evaluate meteorological conditions, perform cloud seeding,
and evaluate results.
1979
73-15-4 Water from cloud seeding part of natural water supply - Notice of intent prior to cloud-seeding project.
All water derived as a result of cloud seeding shall be
considered a part of the natural water supply of the basin
in the same sense as if no cloud seeding operations had been
conducted, and any water so derived shall not be subject
to new appropriations but shall be administered and distributed
to users on the stream system in accordance with existing
water rights. A notice of intent shall be filed with the
Division of Water Rights prior to the commencement of a cloud-seeding
project.
1979
73-15-5 Transfer of records and data to division - Establishment of reporting and recordkeeping procedures.
All records and data collected by the department of meteorology
of the state school of mines and mineral industries of the
University of Utah since March 14, 1953, shall be transferred
to the Division of Water Resources, there to be a permanent
record. The Division of Water Resources shall establish forms
and/or criteria for reporting data and record keeping and
cause that a permanent record is kept of all pertinent data
related to cloud-seeding projects, cloud-seeding research
projects, or research related to other factors that may be
affected by cloud-seeding activities.
1999
73-15-6 Cloud-seeding contractors - Registration.
Any individual or organization that would like to become
a cloud-seeding contractor in the state of Utah shall register
with the Division of Water Resources. As a part of the registration
the applicant shall meet qualifications established by the
Division of Water Resources and submit proof of financial
responsibility in order to give reasonable assurance of protection
to the public in the event it should be established that
damages were caused to third parties as a result of negligence
in carrying out a cloud-seeding project.
1973
73-15-7 Precipitation caused by authorized project not presumed to constitute trespass or nuisance.
The mere dissemination of materials and substances into
the atmosphere or causing precipitation pursuant to an authorized
cloud-seeding project shall not give rise to any presumption
that such use of the atmosphere or lands constitutes trespass
or involves an actionable or enjoinable public or private
nuisance.
1973
73-15-8 Cloud seeding in Utah to target area in adjoining state.
Cloud seeding in Utah to target an area in an adjoining
state is prohibited except upon full compliance of the laws
of the target area state the same as if the cloud-seeding
operation took place in the target area state, as well as
the other provisions of this act.
1973
