Idaho : 2025 Regular Session : BILL S1064
Amends and adds to existing law to revise provisions regarding cloud seeding.
Sponsor: Sen Agricultural Affairs Committee
Bill Details
CLOUD SEEDING -- Amends and adds to existing law to revise provisions regarding cloud seeding.
GeoLawWatch Bill Summary
This bill sets up clear rules for transparency and reporting for cloud seeding operations in Idaho.
To ensure consistency, all cloud seeding programs in Idaho—state-led or private—must get approval from the Idaho Water Resource Board and adhere to uniform authorisation and reporting requirements.
The Board will oversee these programs and issue annual reports including: operational data, environmental impact, public engagement, and measures of effectiveness.
- Operational data includes dates, locations, methods, and a map of generator sites.
- Scientific data covers the environmental impacts of cloud seeding.
- Records show public engagement, notifications, consultations, and feedback.
- Effectiveness is measured by outcomes such as increased snowpack or reservoir levels.
Operators must submit monthly reports within 45 days of the start of each operational period, detailing locations, generators, flight paths, operational dates and times, suspensions, materials used, and methods.
To increase transparency, the Board must post annual reports on its website and present them at public meetings to keep the public informed.
Additionally, the bill updates the legislative findings. It revises previous language stating that cloud seeding "is" in the public interest and "has resulted" in more water, changing it to say instead that it "may be" in the public interest and "may result" in increases.
These rules exclude cloud seeding intended to protect orchards and crops, such as activities to enhance rainfall, reduce hail, reduce fog, or reduce frost. This exemption exists because such agricultural activities are essential and require regulations tailored to their specific needs and time-sensitivity, which differ from broader cloud seeding operations.
The bill also retains the liability shield. State-approved cloud seeding operations are protected from trespass, nuisance, and similar liability claims and do not require state or local permits.
Finally, the bill specifies that there are no criminal penalties. It does not establish enforcement mechanisms or penalties for noncompliance with reporting requirements.
History
S1064 has travelled an unusually tortuous path through the Idaho Senate, undergoing two separate rounds of floor amendments via the "14th Order" procedure before passing 34-0-1 on March 20, 2025. The 14th Order is Idaho's mechanism for amending bills on the Senate floor rather than in committee; the bill was sent there twice (February 26 and March 12), each time emerging from the Committee of the Whole "without recommendation, as amended"—a neutral procedural posture indicating the full Senate made changes without the committee expressing a view on passage.
The title line "As Amended, As Amended" reflects this double-amendment history. After clearing the Senate, the bill was sent to the House on March 20 and referred to Resources & Conservation, where it currently sits. The session's crossover deadline, March 3, has passed. Still, Idaho allows bills receiving a chamber vote before crossover to continue advancing, whether the House acts before the April 4 adjournment target remains to be seen—particularly given the companion bills (S1065 and S1167) addressing related weather modification topics.
- Thu 06 Feb 2025 Introduced; read first time; referred to JR for Printing
- Fri 07 Feb 2025 Reported Printed; referred to Resources & Environment
- Wed 26 Feb 2025 Reported out of committee; to 14th Order for amendment
- Fri 07 Mar 2025 Placed in the Committee of the Whole
- Fri 07 Mar 2025 Reported out without recommendation, as amended
- Fri 07 Mar 2025 Amendments ordered printed; referred for engrossment
- Fri 07 Mar 2025 Amendments reported printed
- Fri 07 Mar 2025 Reported engrossed, filed for first reading, as amended
- Fri 07 Mar 2025 Read first time as amended, filed for Second Reading
- Mon 10 Mar 2025 Read second time as amended, filed for Third reading
- Tue 11 Mar 2025 Retained on calendar
- Wed 12 Mar 2025 Referred to 14th Order for amendment
- Tue 18 Mar 2025 Placed in the Committee of the Whole
- Tue 18 Mar 2025 Reported out without recommendation, as amended
- Tue 18 Mar 2025 Amendments ordered printed; referred for engrossment
- Tue 18 Mar 2025 Amendments reported printed
- Tue 18 Mar 2025 Reported engrossed, filed for first reading, as amended
- Tue 18 Mar 2025 Read first time as amended, filed for Second Reading
- Wed 19 Mar 2025 Read second time as amended, filed for Third reading
- Thu 20 Mar 2025 Read third time in full as amended -- PASSED 34-0-1
- Thu 20 Mar 2025 Title apvd
- Thu 20 Mar 2025 to House
- Thu 20 Mar 2025 Received from the Senate, Filed for First Reading
- Thu 20 Mar 2025 Read First Time, Referred to Resources & Conservation
Consolidated Bill Text
Sixty-eighth Legislature
First Regular Session - 2025
IN THE SENATE
SENATE BILL NO. 1064, As Amended, As Amended
BY AGRICULTURAL AFFAIRS COMMITTEE
AN ACT
RELATING TO CLOUD SEEDING; AMENDING SECTION 42-4301, IDAHO CODE, TO REVISE PROVISIONS REGARDING CLOUD SEEDING; AMENDING CHAPTER 43, TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-4302, IDAHO CODE, TO DEFINE TERMS; AMENDING CHAPTER 43, TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-4303, IDAHO CODE, TO PROVIDE FOR AUTHORIZATION AND REPORTING REQUIREMENTS AND TO PROVIDE AN EXCEPTION; AMENDING CHAPTER 43, TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-4304, IDAHO CODE, TO PROVIDE FOR THE USE OF STATE FUNDS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. That Section 42-4301, Idaho Code, be, and the same is hereby amended to read as follows:
42-4301. CLOUD SEEDING -- LEGISLATIVE FINDINGS.
(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 may be in the public interest. Public benefits of cloud seeding include drought mitigation, protection of water rights, protection of municipal and busi27 ness 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 may result 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.
(2) 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.
SECTION 2. That Chapter 43, Title 42, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 42-4302, Idaho Code, and to read as follows:
42-4302. DEFINITIONS. As used in this chapter:
(1) "Board" means the Idaho water resource board.
(2) "Cloud seeding" means introducing particles or droplets into clouds with the goal of enhancing snowpack or rainfall, mitigating hail, preventing frost, or dispersing fog.
(3) "Crops" shall have the same meaning as provided in section 6-202, Idaho Code.
(4) "Orchard" means a place where fruit is grown for commercial purposes under accepted industry, university agricultural extension service, and regulatory guidelines.
SECTION 3. That Chapter 43, Title 42, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 42-4303, Idaho Code, and to read as follows:
42-4303. AUTHORIZATION AND REPORTING REQUIREMENTS.
(1) The 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.
(2) The board shall compile and publish an annual report detailing:
(a) Operational data, including specific dates, locations, and methods used for cloud seeding operations conducted during the reporting period as well as a map with generator coordinates;
(b) The science as it relates to environmental impacts associated with cloud seeding activities;
(c) Public engagement efforts, including documentation of public notifications, consultations, and feedback received regarding cloud seed5 ing operations; and
(d) Effectiveness metric analysis of outcomes achieved, such as in7 creases in snowpack or water reservoir levels due to cloud seeding.
(3) The annual report shall be made publicly accessible through the board's official website and presented during public meetings of the board to ensure transparency and community involvement.
(4) Within forty-five (45) calendar days of the beginning of each operational period, each operator shall submit a cloud seeding monthly report on operations to the board. This report shall include general locations, ground generators, flight paths, dates and times of cloud seeding, any sus15 pension periods, type and amount of materials used, and methods of operation.
(5) Any individual, organization, or entity that independently conducts cloud seeding operations within the state of Idaho shall adhere to the same authorization, reporting, and operational requirements as those established for state-sponsored cloud seeding programs.
(6) Cloud seeding to enhance rainfall, mitigate hail, disperse fog, or prevent frost for the sole purpose of protecting orchards and crops is excluded from the provisions of this chapter.
SECTION 4. That Chapter 43, Title 42, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 42-4304, Idaho Code, and to read as follows:
42-4304. USE OF STATE FUNDS.
(1) State funds may be used or expended on cloud seeding programs only in basins where the 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.
(2) The act of cloud seeding pursuant to a project funded in whole or in part by the state of Idaho or authorized by the 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.
SECTION 5. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after July 1, 2025
Supplementary documents
STATEMENT OF PURPOSE
RS32229C1 / S1064
This bill adds definitions and seeks to enhance transparency and accountability in Idaho's cloud seeding operations by requiring the Idaho Water Resource Board (IWRB) to publish annual reports detailing: Operational date, Environmental Impact, Public Engagement, Effectiveness Metrics and practices.
By requiring these disclosures, this bill aims to ensure that cloud seeding operations are conducted responsibly, with due consideration for general impacts, public involvement, and legislative oversight.
FISCAL NOTE
This bill does not require any additional funding or resources from the State's General Fund. The Idaho Water Resource Board (IWRB) is already responsible for overseeing cloud seeding operations and maintaining related records.
Contact:
Senator Tammy Nichols
(208) 332-1000
Representative Joe Alfieri
(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: 02/06/2025, 10:29 AM