R653-5-2. General Provisions

(1) Authority: The State of Utah, through the Division, is the only entity, private or public, that may authorize, sponsor, or develop cloud seeding research, evaluation, or implementation projects to alter precipitation, cloud forms, or meteorological parameters within the State of Utah.

(2) Ownership of Water: All water derived as a result of cloud seeding shall be considered as a part of Utah's basic water supply the same as all natural precipitation water supplies have been heretofore, and all statutory provisions that apply to water from natural precipitation shall also apply to water derived from cloud seeding.

(3) Notice to State Engineer: The Director shall, by written communication, notify the Director of the Utah Division of Water Rights of cloud seeding permits within 45 days of issuance.

(4) Consultation and Assistance: The Division may contract with the Utah Water Research Laboratory, or any other individual or organization, for consultation 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.

(5) State and County Cooperation: The Division shall encourage, cooperate, and work with individual counties, multi-county districts for planning and development, and groups of counties in the development of cloud seeding projects and issuance of permits.

(6) Statewide or Area-wide Cloud Seeding Project: The Division reserves the right to develop statewide or area-wide cloud seeding programs where it may contract directly with licensed contractors to increase precipitation. The Division may also work with individual counties, multi-county districts for planning and development, organizations or groups of counties, or private organizations, to develop Statewide or area-wide cloud seeding projects.

(7) Liability:

(a) Trespass - 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 use of the atmosphere or lands constitutes trespass or involves an actionable or enjoinable public or private nuisance.

(b) Immunity - Nothing in these Rules shall be construed to impose or accept any liability or responsibility on the part of the State of Utah or any of its agencies, or any State officials or State employees or cloud seeding authorities, for any weather modification activities of any person or licensed contractor as defined in these Rules as provided in Title 63, Chapter 30.

(8) Suspension and Waiver of Rules - The Division may suspend or waive any provision of this rule on a case-by-case basis and by a writen memo signed by the Director. A suspension or waiver may be granted, in whole or in part, upon a showing of good cause relating to conditions of compliance or application procedures; or when, in the discretion of the Director the particular facts or circumstances render suspension or waiver appropriate.