Idaho : 2021 Regular Session : BILL H0266
Adds to existing law to provide for cloud seeding in Idaho.
Sponsor: Rep Resources and Conservation Committee
Bill Details
WATER -- Adds to existing law to provide for cloud seeding in Idaho.
Bill summary
This bill sets up Idaho's legal rules for cloud seeding by adding Chapter 43 to Title 42 (Water).
The legislature says cloud seeding benefits the public by increasing water supply, but calls for more research.
To clarify key terms, "cloud seeding" refers to any actions taken to artificially add particles to clouds to cause rain, form clouds, or change other weather conditions.
However, the chapter does not cover fog suppression or frost prevention methods used to protect orchards and crops.
The Idaho Water Resource Board is authorised to establish, operate, or support cloud seeding programs throughout the state or in local areas. The Board may run these programs directly or authorise others to do so on its behalf. Additionally, the Board has the authority to contract with individuals or groups for advice, technical assistance, or related research.
State money can be used only for cloud seeding when the Board finds that there is insufficient water for rights, quality, recreation, or wildlife.
As for allocation, any water produced by cloud seeding is allocated according to Idaho's prior appropriation rule, which means whoever claimed the water first has the right to use it first.
In matters of liability, the law protects state-funded or Board-approved projects from legal claims of trespass or nuisance.
Finally, cloud seeding projects approved by the state do not need any state or local permits.
History
H0266 moved efficiently through the Idaho Legislature in spring 2021. Introduced March 1, the bill cleared the House in one week, passing 54-14-2 on March 8 after receiving a do-pass recommendation from Resources & Conservation. The Senate held the bill in Resources & Environment for nine days before reporting it favourably on March 18, then let it sit on third reading for nearly three weeks before final passage on April 8 by a 30-4-1 vote.
Governor Brad Little signed the bill on April 16, 2021, and it became Session Law Chapter 256, effective July 1, 2021. The relatively strong margins in both chambers—despite some opposition—reflect broad support for formalising Idaho's existing cloud seeding operations with explicit statutory authorisation and liability protections.
- Mon 01 Mar 2021 Introduced, read first time, referred to JRA for Printing
- Tue 02 Mar 2021 Reported Printed and Referred to Resources & Conservation
- Thu 04 Mar 2021 Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
- Fri 05 Mar 2021 Read second time; Filed for Third Reading
- Mon 08 Mar 2021 Read Third Time in Full
- Mon 08 Mar 2021 Previously Read in Full -- PASSED 54-14-2
- Mon 08 Mar 2021 Title apvd
- Mon 08 Mar 2021 to Senate
- Tue 09 Mar 2021 Received from the House passed; filed for first reading
- Tue 09 Mar 2021 Introduced, read first time; referred to: Resources & Environment
- Thu 18 Mar 2021 Reported out of Committee with Do Pass Recommendation; Filed for second reading
- Fri 19 Mar 2021 Read second time; filed for Third Reading
- Thu 08 Apr 2021 Read third time in full -- PASSED 30-4-1
- Thu 08 Apr 2021 Title apvd
- Thu 08 Apr 2021 to House
- Fri 09 Apr 2021 Returned from Senate Passed; to JRA for Enrolling
- Fri 09 Apr 2021 Reported Enrolled; Signed by Speaker; Transmitted to Senate
- Mon 12 Apr 2021 Received from the House enrolled/signed by Speaker
- Mon 12 Apr 2021 Signed by President; returned to House
- Tue 13 Apr 2021 Returned Signed by the President; Ordered Transmitted to Governor
- Wed 14 Apr 2021 Delivered to Governor at 10:20 a.m. on April 13, 2021
- Mon 19 Apr 2021 Reported Signed by Governor on April 16, 2021 Session Law Chapter 256 Effective: 07/01/2021
Supplementary documents
STATEMENT OF PURPOSE
RS28717 / H0266
Cloud seeding has been done in various areas of Idaho for several years. This legislation states findings relating to cloud seeding in Idaho, defines cloud seeding and provides that the water resource board is responsible to authorize cloud seeding in Idaho and may participate in cloud seeding programs. The legislation further states that water generated through cloud seeding will be administered in accordance with the prior appropriation doctrine and limits liability for participation in certain cloud seeding projects. No state or local permits will be required for cloud seeding.
FISCAL NOTE
There is no fiscal cost associated with this legislation. State funds are appropriated separately to the Secondary Aquifer Planning, Management and Implementation Fund for cloud seeding activities.
Contact:
Representative Marc Gibbs
(208) 332-1000
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative process, including judicial review (Joint Rule 18).
Bill SOP/FN INTRODUCED: 03/01/2021, 2:33 PM
Bill text
Sixty-sixth Legislature
First Regular Session - 2021
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 266
BY RESOURCES AND CONSERVATION COMMITTEE
AN ACT
RELATING TO WATER; AMENDING TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 43, TITLE 42, IDAHO CODE, TO PROVIDE FOR CLOUD SEEDING, TO PROVIDE EGISLATIVE FINDINGS, TO DEFINE A TERM AND TO PROVIDE EXCEPTIONS, TO PROVIDE FOR PROGRAMS AND CONTRACTING, TO PROVIDE FOR THE USE OF STATE FUNDS, TO PROVIDE FOR DISTRIBUTION OF WATER GENERATED THROUGH CLOUD SEEDING, TO PROHIBIT CERTAIN CLAIMS OF LIABILITY, AND TO PROVIDE THAT CERTAIN PERMITS SHALL NOT BE REQUIRED.
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. That Title 42, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 43, Title 42, Idaho Code, and to read as follows:
CHAPTER 43
CLOUD SEEDING
42-4301. CLOUD SEEDING. (1) The legislature finds that:
(a) Idaho's economy and the welfare of its citizens depend upon a reliable and sustainable water supply. It is essential, therefore, that the state continues to identify, develop, and implement projects that augment and sustain the state's water resources.
(b) The cloud seeding program developed and implemented by the Idaho water resource board, in cooperation with interested stakeholders, presents a unique and innovative opportunity to augment and sustain the water resources of the state.
(c) Augmenting water supplies through cloud seeding is in the public interest. Public benefits of cloud seeding include drought mitigation, protection of water rights, protection of municipal and business activities dependent on water, water quality, recreation, and fish and wildlife.
(d) Data accumulated and analysis undertaken since the initiation of the cloud seeding program demonstrates that cloud seeding has resulted in an annual increase in the water supplies in the basins in which cloud seeding has been performed. However, additional research and analysis is necessary to determine the precise nature and extent of those increases. The legislature recommends that such research be continued as the cloud seeding program progresses and that annual reports on such research be provided to the legislature.
(e) The legislature recognizes that expansion of the cloud seeding program may benefit basins throughout the state that experience depleted or insufficient water supplies, and the legislature recommends that the water resource board complete an assessment of basins and work with affected stakeholders to implement the cloud seeding program in basins that would benefit from the program.
(2) As used in this chapter, "cloud seeding" means all acts undertaken to artificially distribute or create nuclei in cloud masses for the purposes of inducing precipitation, cloud forms, or other meteorological parameters. 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 chapter.
(3) The water resource board shall authorize, and may sponsor or develop, local or statewide cloud seeding programs and may contract any individual or organization for consultation and assistance in developing cloud seeding programs or in furthering research related to cloud seeding.
(4) State funds may be used or expended on cloud seeding programs only in basins where the water resource board finds that existing water supplies are not sufficient to support existing water rights, water quality, recreation, or fish and wildlife uses dependent on those water supplies. Water generated through cloud seeding shall be distributed in accordance with the prior appropriation doctrine.
(5) The act of cloud seeding pursuant to a project funded in whole or in part by the state of Idaho or authorized by the state water resource board shall not be the basis of any claim of liability, including but not limited to trespass or public or private nuisance, and shall not require any state or local permits.