Idaho : 2025 Regular Session : BILL S1065
Amends, repeals, and adds to existing law to prohibit unauthorized weather modification activities and to provide penalties, enforcement, and exceptions.
Sponsor: Sen Agricultural Affairs Committee
Bill Details
WEATHER MODIFICATION -- Amends, repeals, and adds to existing law to prohibit unauthorized weather modification activities and to provide penalties, enforcement, and exceptions.
Bill summary (AI generated)
This bill represents a shift toward prohibition and criminal enforcement, distinguishing between approved cloud seeding and other forms of geoengineering.
• Laws Introduced:
â—¦ Prohibitions: It makes it unlawful for any person to engage in "weather modification" or "solar radiation management" (SRM) within Idaho unless explicitly exempt.
â—¦ Definitions: It legally defines "Solar radiation management" as activities intended to reflect sunlight, including stratospheric aerosol injection.
â—¦ Exemptions: It explicitly exempts cloud seeding operations that are authorized by the Idaho Water Resource Board.
• Laws Removed: It repeals the old Chapter 43, Title 22, which established "Weather Modification Districts," a taxing district structure that had fallen into disuse.
• Enforcement:
â—¦ Criminal Penalty: A violation of the ban is classified as a misdemeanor offense.
â—¦ Authority: It grants enforcement authority to all state law enforcement personnel, sheriffs, and city police officers.
History
The bill was filed in November 2024 and has gone through several key stages in the legislative process. It was introduced on February 6, 2025, and immediately read for the first time before being referred to the Joint Rules Committee for printing. Following this, it was officially printed and referred to the Resources and Environment Committee for further consideration. The bill remains active, and the next steps will involve discussions and potential votes within the Resources and Environment Committee. Further progress will depend on the committee's decision to advance the bill to the full legislature for a vote.
- Thu 06 Feb 2025 Introduced; read first time; referred to JR for Printing
- Fri 07 Feb 2025 Reported Printed; referred to Resources & Environment
Bill text (Transcribed)
Idaho : 2025 Regular Session : BILL S1065
Amends, repeals, and adds to existing law to prohibit unauthorized weather modification activities and to provide penalties, enforcement, and exceptions.
LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature
First Regular Session - 2025
IN THE SENATE
SENATE BILL NO. 1065
BY AGRICULTURAL AFFAIRS COMMITTEE
AN ACT
RELATING TO WEATHER MODIFICATION; AMENDING THE HEADING FOR CHAPTER 43, TITLE 22, IDAHO CODE; REPEALING SECTION 22-4301, IDAHO CODE, RELATING TO THE ESTABLISHMENT OF WEATHER MODIFICATION DISTRICTS; REPEALING SECTION 22-4302, IDAHO CODE, RELATING TO THE WEATHER MODIFICATION FUND; AMENDING CHAPTER 43, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-4301, IDAHO CODE, TO DEFINE TERMS; AMENDING CHAPTER 43, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-4302, IDAHO CODE, TO PROHIBIT UNAUTHORIZED WEATHER MODIFICATION AND SOLAR RADIATION MANAGEMENT AND TO PROVIDE FOR ENFORCEMENT; AMENDING CHAPTER 43, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-4303, IDAHO CODE, TO PROVIDE EXEMPTIONS; AMENDING SECTION 42-605, IDAHO CODE, TO REMOVE A REFERENCE TO WEATHER MODIFICATION; AMENDING SECTION 42-1805, IDAHO CODE, TO CLARIFY TERMS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. That the Heading for Chapter 43, Title 22, Idaho Code, be, and the same is hereby amended to read as follows:
CHAPTER 43
WEATHER MODIFICATION
SECTION 2. That Section 22-4301, Idaho Code, be, and the same is hereby repealed.
SECTION 3. That Section 22-4302, Idaho Code, be, and the same is hereby repealed.
SECTION 4. That Chapter 43, Title 22, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 22-4301, Idaho Code, and to read as follows:
22-4301. DEFINITIONS. As used in this chapter:
(1) "Cloud seeding" means introducing particles or droplets into clouds with the goal of enhancing snowpack or rainfall, mitigating hail, or dispersing fog.
(2) "Solar radiation management" means the deliberate modification of the earth's radiative balance by reflecting and reducing sunlight, including but not limited to the injection of aerosols into the stratosphere.
(3) "Weather modification" means the deliberate alteration of atmospheric conditions to influence weather pattern, including but not limited to precipitation enhancement, fog dispersal, and hail suppression.
SECTION 5. That Chapter 43, Title 22, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 22-4302, Idaho Code, and to read as follows:
22-4302. PROHIBITION OF UNAUTHORIZED WEATHER MODIFICATION AND SOLAR RADIATION MANAGEMENT -- ENFORCEMENT.
(1) It is unlawful for any person to engage in weather modification or solar radiation management activities within the state of Idaho.
(2) A violation of this section is a misdemeanor offense. (3) All state law enforcement personnel, any sheriff or deputy sheriff in a county, and any police officer in a city shall have authority to enforce this chapter.
SECTION 6. That Chapter 43, Title 22, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 22-4303, Idaho Code, and to read as follows:
22-4303. EXEMPTIONS. Cloud seeding operations authorized by the Idaho water resource board under chapter 43, title 42, Idaho Code, are exempt from the provisions of this chapter.
SECTION 7. That Section 42-605, Idaho Code, be, and the same is hereby amended to read as follows:
42-605. DISTRICT MEETINGS -- WATERMASTER AND ASSISTANTS -- ELECTION -- REMOVAL -- OATH AND BOND -- ADVISORY COMMITTEE.
(1) There shall be held on the first Monday in March in each year, except as provided in subsection (2) of this section, a meeting of persons owning or having the use of a water right in the waters of the stream or water supply comprising such district that is assessed or proposed to be assessed by such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources.
(2) Such meeting shall be held at some place within the water district, or at some nearby location convenient to a majority of those entitled to vote thereat. The director of the department of water resources shall, at least twenty-one (21) days prior to the meeting date, send notification by regular mail to all persons, companies, corporations or other entities known by the director to hold rights that are assessed or proposed to be assessed by such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, of the time, date, location and purpose of the annual meeting. At any annual meeting, the water users may vote to waive the requirement for notice by mail and provide for notice to be given for future meetings by publication of the time, date, location and purpose of the meeting in a newspaper or newspapers in general circulation in the district or on the department of water resources website. Published notice in a newspaper or newspapers shall be made once per week for two (2) consecutive weeks with the second notice appearing at least fourteen (14) and not more than thirty (30) days prior to the meeting. Notice on the department of water resources website shall be posted at least twenty-one (21) days prior to the meeting date. At any annual meeting, the water users may vote to change the date for an nual meetings in subsequent years to any day, except Saturday and Sunday, between the second Monday of January and the fourth Tuesday of May. At an annual meeting, the water users may adopt resolutions to assure or improve the distribution of the waters of the district within state law and may provide that such resolutions shall continue from year to year.
(3) At the meeting of the water users of a district, there shall be elected a watermaster for such water district, who may be authorized to employ such other regular assistants as the water users shall deem necessary, and who, upon appointment by the director, shall be responsible for distribution of water within said water district. Notwithstanding any personnel classification assigned to the watermaster and assistants pursuant to the provisions of chapter 53, title 67, Idaho Code, the water users shall, prior to the election of such watermaster and approval of the employment of assistants, fix the compensation to be paid them during the time actually engaged in the performance of their duties.
(4) Voting shall be by majority vote of the water users present at the meeting unless one (1) or more water users requests voting using the procedure which follows in this subsection. In such case, the meeting chairman shall appoint a credentials committee to determine the number of votes each water user present is authorized to cast. If requested, each person present who owns or has the use for the ensuing season of any water right in the stream or water supply comprising such water district that is assessed or proposed to be assessed by such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, shall be entitled to a number of votes equal to the average annual dollar amount and any fraction thereof assessed for that person's qualifying water right for the previous five (5) years, or such lesser number of years as the right has been assessed. If a right has not previously been assessed, a person present who owns or has the use of the right for the ensuing season shall be entitled to a number of votes equal to the dollar amount and any fraction thereof that the right would have been assessed had it existed and been reasonably used when water was available under the priority of the right during the previous season. Absentee voting and voting by proxy are prohibited.
(5) At such meeting, the water users shall choose a meeting chairman and meeting secretary. The water users of any water district that collects or pays district expenses in accordance with section 42-613(3) or 42-619, Idaho Code, shall also elect a water district treasurer. Within five (5) business days after such meeting, the meeting chairman and meeting secretary shall forward a certified copy of the minutes of such meeting to the department of water resources. The meeting chairman, or the meeting secretary if the meeting chairman is not present, from the immediately preceding annual meeting shall call the meeting to order and preside over the election of officers for the meeting.
(6) At such meeting, the water users may choose an advisory committee to be composed of members selected as may be determined at the meeting, which committee shall serve as advisors to the director and the watermaster in matters pertaining to the distribution of water within the district. The advisory committee may be authorized to carry out policies as set forth in resolutions duly adopted by the water users at the annual meeting or at a special meeting. The advisory committee may also serve as the local committee to facilitate the rental of stored water if appointed by the water resource board for such purpose under the provisions of section 42-1765, Idaho Code.
(7) A corporation or a water delivery organization, including but not limited to a water company, an irrigation district, an irrigation company or a canal company, shall be considered a person for the purpose of this section and shall designate someone to cast its vote.
(8) Should said meeting not be held, or should said watermaster not be elected or the watermaster's compensation not be fixed as above provided, then the director is authorized to appoint a watermaster and fix the water master's compensation.
(9) The director may remove any watermaster whenever such watermaster fails to perform the watermaster's duty, upon complaint made to the director in writing, by one (1) person owning or having the right to the use of a water right that is assessed by such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, provided, that upon investigation the director, after a hearing with the other water users of said district, which shall be held in the district or at some location convenient to the wa20 ter users of the district, finds such charge to be true, and the director may appoint a successor for the unexpired term.
(10) Before entering upon the duties of the watermaster's office, said watermaster shall take and subscribe to an oath before some officer authorized by the laws of the state to administer oaths, to faithfully perform the duties of the watermaster's office, as provided in section 42-607, Idaho Code, and shall file that oath with the department of water resources. Upon appointment by the director, the actions taken by a watermaster in fulfillment of the duties of the office are covered by the state group surety bond as provided by sections 59-801 through 59-804, Idaho Code. A duly appointed watermaster that is reelected in consecutive years shall not be required to take and file additional oaths with the department of water resources for each consecutive year the watermaster is reelected. If a duly elected or appointed watermaster resigns, dies or is physically unable to perform the duties of the office during the remainder of the elected or appointed watermaster term of service, then the director is authorized to appoint a successor for the unexpired term as provided in paragraphs (a) and (b) of this subsec37 tion.
(a) If a water district advisory committee has been chosen as provided in subsection (6) of this section, the water district advisory committee shall meet to either nominate a successor watermaster or request a special meeting as provided in subsection (11) of this section to elect a new watermaster. Upon receipt of a nomination from a majority of the members of the water district advisory committee, the director is authorized to appoint the nominated successor watermaster for the unex45 pired term.
(b) If a water district advisory committee has not been chosen, the director of the department of water resources is authorized to appoint a temporary successor watermaster. The temporary appointment extends through the unexpired term unless a special meeting is requested as provided in subsection (11) of this section and water users elect a new watermaster.
(11) The director shall call a special meeting of the water district upon receipt of a written request for such meeting from a majority of the members of the advisory committee for a district, a written request from water users representing thirty percent (30%) or more of the votes cast at the last regular annual meeting, a written request from the watermaster, or on the director's own motion if the director determines a meeting is necessary to address matters that cannot be delayed until the next regular annual meeting. Notice of the time, place and purpose of the special meeting shall be given by the director in the manner provided in subsection (2) of this section, provided however, that a special meeting notice shall be sent at least fourteen (14) days prior to the meeting date.
(12) The water users may, by resolution, authorize the watermaster to acquire, hold and dispose of such real and personal property, equipment and facilities in the name of the water district as necessary for the proper distribution of water, administration of the water district and enhancement of water supplies and shall provide that all such real and personal property shall remain in the custody of the watermaster and the watermaster's successor.
(13) The water users may, by resolution, authorize the watermaster to develop, coordinate or provide, through contract or by other means, for projects involving cloud seeding that are designed to increase the water supplies of the water district by enhancing natural precipitation and which conform to state water planning objectives.
SECTION 8. That Section 42-1805, Idaho Code, be, and the same is hereby amended to read as follows:
42-1805. ADDITIONAL DUTIES. In addition to other duties prescribed by law, the director of the department of water resources shall have the follow30 ing powers and duties:
(1) To represent the state in all matters pertaining to interstate and international water rights affecting Idaho water resources; and to cooperate with all agencies, now existing or hereafter to be formed, within the state or within other jurisdictions, in matters affecting the development of the water resources of this state.
(2) To prepare a present and continuing inventory of the water resources of this state, ascertain means and methods of conserving and augmenting these and determine as accurately as possible the most effective means by which these water resources may be applied for the benefit of the people of this state.
(3) To conduct surveys, tests, investigations, research, examina42 tions, studies, and estimates of cost relating to availability of unappro43 priated water, effective use of existing supply, conservation, storage, distribution and use of water.
(4) To prepare and compile information and data obtained and to make the same available to interested individuals or agencies.
(5) To cooperate with and coordinate activities with the director of the department of environmental quality as such activities relate to the functions of either or both departments concerning water quality. Such cooperation and coordination shall specifically require that:
(a) The director meet at least quarterly with the director of the department of environmental quality and his staff to discuss water quality programs. A copy of the minutes of such meeting shall be transmitted to the governor.
(b) The director transmit to the director of the department of environmental quality reports and information prepared by him pertaining to water quality programs and proposed rules pertaining to water quality programs.
(c) The director shall make available to the director of the department of environmental quality and the director of the department of environmental quality shall make available to the director all notices of hearings relating to the promulgation of rules relating to water quality, waste discharge permits, and stream channel alteration, as such directly affect water quality, and notices of any other hearings and meetings which relate to water quality.
(6) To perform administrative duties and such other functions as the board may, from time to time, assign to the director to enable the board to carry out its powers and duties.
(7) After notice, to suspend the issuance or further action on permits or applications as necessary to protect existing vested water rights or to ensure compliance with the provisions of chapter 2, title 42, Idaho Code, or to prevent violation of minimum flow provisions of the state water plan.
(8) To promulgate, adopt, modify, repeal and enforce rules implementing or effectuating the powers and duties of the department.
(9) To seek a preliminary or permanent injunction, or both, or a temporary restraining order restraining any person from violating or attempting to violate:
(a) Those provisions of law relating to all aspects of the appropriation of water, distribution of water, headgates and measuring devices;
or
(b) The administrative or judicial orders entered in accordance with the provisions of law.
(10) To develop, coordinate and provide, through contract or by other means, for projects involving cloud seeding that are designed to increase the water supplies of the state by enhancing natural precipitation and that conform to state water planning objectives. To accomplish these purposes, the director is authorized to accept and use funds acquired through legislative appropriation or by gift, grant, contribution or funding received from any private or public individual or entity. All funds accepted under this provision shall be transmitted to the state treasurer for deposit in the water administration account and shall be reserved and made available until expended as ordered by the director for cloud seeding purposes determined by the director to be beneficial.
(11) To develop and implement a plan for data gathering to determine any effect of the cloud seeding efforts in which the department is involved.
(12) To receive, file, record, or retain documents of record on media other than paper.
SECTION 9. 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.
STATEMENT OF PURPOSE
RS32239C1 / S1065
This bill prohibits unauthorized weather modification and solar radiation management activities in Idaho to
protect the state’s environment and public health. Weather modification, including cloud seeding and solar
radiation management, could have significant negative impacts on agriculture, water supplies, and public
welfare if left unregulated. The bill ensures that only authorized projects, such as those by the Idaho Water
Resource Board, are allowed, providing oversight to mitigate risks associated with unauthorized weather
manipulation. Additionally, the bill removes an unused taxing district related to weather modification that has not been utilized since the 1970s, eliminating unnecessary bureaucratic structures.
FISCAL NOTE
This bill does not require any additional funding or resources from the State's General Fund, as it utilizes existing personnel and resources for enforcement and oversight.
Amends, repeals, and adds to existing law to prohibit unauthorized weather modification activities and to provide penalties, enforcement, and exceptions.
LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature
First Regular Session - 2025
IN THE SENATE
SENATE BILL NO. 1065
BY AGRICULTURAL AFFAIRS COMMITTEE
AN ACT
RELATING TO WEATHER MODIFICATION; AMENDING THE HEADING FOR CHAPTER 43, TITLE 22, IDAHO CODE; REPEALING SECTION 22-4301, IDAHO CODE, RELATING TO THE ESTABLISHMENT OF WEATHER MODIFICATION DISTRICTS; REPEALING SECTION 22-4302, IDAHO CODE, RELATING TO THE WEATHER MODIFICATION FUND; AMENDING CHAPTER 43, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-4301, IDAHO CODE, TO DEFINE TERMS; AMENDING CHAPTER 43, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-4302, IDAHO CODE, TO PROHIBIT UNAUTHORIZED WEATHER MODIFICATION AND SOLAR RADIATION MANAGEMENT AND TO PROVIDE FOR ENFORCEMENT; AMENDING CHAPTER 43, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-4303, IDAHO CODE, TO PROVIDE EXEMPTIONS; AMENDING SECTION 42-605, IDAHO CODE, TO REMOVE A REFERENCE TO WEATHER MODIFICATION; AMENDING SECTION 42-1805, IDAHO CODE, TO CLARIFY TERMS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. That the Heading for Chapter 43, Title 22, Idaho Code, be, and the same is hereby amended to read as follows:
CHAPTER 43
WEATHER MODIFICATION
SECTION 2. That Section 22-4301, Idaho Code, be, and the same is hereby repealed.
SECTION 3. That Section 22-4302, Idaho Code, be, and the same is hereby repealed.
SECTION 4. That Chapter 43, Title 22, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 22-4301, Idaho Code, and to read as follows:
22-4301. DEFINITIONS. As used in this chapter:
(1) "Cloud seeding" means introducing particles or droplets into clouds with the goal of enhancing snowpack or rainfall, mitigating hail, or dispersing fog.
(2) "Solar radiation management" means the deliberate modification of the earth's radiative balance by reflecting and reducing sunlight, including but not limited to the injection of aerosols into the stratosphere.
(3) "Weather modification" means the deliberate alteration of atmospheric conditions to influence weather pattern, including but not limited to precipitation enhancement, fog dispersal, and hail suppression.
SECTION 5. That Chapter 43, Title 22, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 22-4302, Idaho Code, and to read as follows:
22-4302. PROHIBITION OF UNAUTHORIZED WEATHER MODIFICATION AND SOLAR RADIATION MANAGEMENT -- ENFORCEMENT.
(1) It is unlawful for any person to engage in weather modification or solar radiation management activities within the state of Idaho.
(2) A violation of this section is a misdemeanor offense. (3) All state law enforcement personnel, any sheriff or deputy sheriff in a county, and any police officer in a city shall have authority to enforce this chapter.
SECTION 6. That Chapter 43, Title 22, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 22-4303, Idaho Code, and to read as follows:
22-4303. EXEMPTIONS. Cloud seeding operations authorized by the Idaho water resource board under chapter 43, title 42, Idaho Code, are exempt from the provisions of this chapter.
SECTION 7. That Section 42-605, Idaho Code, be, and the same is hereby amended to read as follows:
42-605. DISTRICT MEETINGS -- WATERMASTER AND ASSISTANTS -- ELECTION -- REMOVAL -- OATH AND BOND -- ADVISORY COMMITTEE.
(1) There shall be held on the first Monday in March in each year, except as provided in subsection (2) of this section, a meeting of persons owning or having the use of a water right in the waters of the stream or water supply comprising such district that is assessed or proposed to be assessed by such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources.
(2) Such meeting shall be held at some place within the water district, or at some nearby location convenient to a majority of those entitled to vote thereat. The director of the department of water resources shall, at least twenty-one (21) days prior to the meeting date, send notification by regular mail to all persons, companies, corporations or other entities known by the director to hold rights that are assessed or proposed to be assessed by such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, of the time, date, location and purpose of the annual meeting. At any annual meeting, the water users may vote to waive the requirement for notice by mail and provide for notice to be given for future meetings by publication of the time, date, location and purpose of the meeting in a newspaper or newspapers in general circulation in the district or on the department of water resources website. Published notice in a newspaper or newspapers shall be made once per week for two (2) consecutive weeks with the second notice appearing at least fourteen (14) and not more than thirty (30) days prior to the meeting. Notice on the department of water resources website shall be posted at least twenty-one (21) days prior to the meeting date. At any annual meeting, the water users may vote to change the date for an nual meetings in subsequent years to any day, except Saturday and Sunday, between the second Monday of January and the fourth Tuesday of May. At an annual meeting, the water users may adopt resolutions to assure or improve the distribution of the waters of the district within state law and may provide that such resolutions shall continue from year to year.
(3) At the meeting of the water users of a district, there shall be elected a watermaster for such water district, who may be authorized to employ such other regular assistants as the water users shall deem necessary, and who, upon appointment by the director, shall be responsible for distribution of water within said water district. Notwithstanding any personnel classification assigned to the watermaster and assistants pursuant to the provisions of chapter 53, title 67, Idaho Code, the water users shall, prior to the election of such watermaster and approval of the employment of assistants, fix the compensation to be paid them during the time actually engaged in the performance of their duties.
(4) Voting shall be by majority vote of the water users present at the meeting unless one (1) or more water users requests voting using the procedure which follows in this subsection. In such case, the meeting chairman shall appoint a credentials committee to determine the number of votes each water user present is authorized to cast. If requested, each person present who owns or has the use for the ensuing season of any water right in the stream or water supply comprising such water district that is assessed or proposed to be assessed by such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, shall be entitled to a number of votes equal to the average annual dollar amount and any fraction thereof assessed for that person's qualifying water right for the previous five (5) years, or such lesser number of years as the right has been assessed. If a right has not previously been assessed, a person present who owns or has the use of the right for the ensuing season shall be entitled to a number of votes equal to the dollar amount and any fraction thereof that the right would have been assessed had it existed and been reasonably used when water was available under the priority of the right during the previous season. Absentee voting and voting by proxy are prohibited.
(5) At such meeting, the water users shall choose a meeting chairman and meeting secretary. The water users of any water district that collects or pays district expenses in accordance with section 42-613(3) or 42-619, Idaho Code, shall also elect a water district treasurer. Within five (5) business days after such meeting, the meeting chairman and meeting secretary shall forward a certified copy of the minutes of such meeting to the department of water resources. The meeting chairman, or the meeting secretary if the meeting chairman is not present, from the immediately preceding annual meeting shall call the meeting to order and preside over the election of officers for the meeting.
(6) At such meeting, the water users may choose an advisory committee to be composed of members selected as may be determined at the meeting, which committee shall serve as advisors to the director and the watermaster in matters pertaining to the distribution of water within the district. The advisory committee may be authorized to carry out policies as set forth in resolutions duly adopted by the water users at the annual meeting or at a special meeting. The advisory committee may also serve as the local committee to facilitate the rental of stored water if appointed by the water resource board for such purpose under the provisions of section 42-1765, Idaho Code.
(7) A corporation or a water delivery organization, including but not limited to a water company, an irrigation district, an irrigation company or a canal company, shall be considered a person for the purpose of this section and shall designate someone to cast its vote.
(8) Should said meeting not be held, or should said watermaster not be elected or the watermaster's compensation not be fixed as above provided, then the director is authorized to appoint a watermaster and fix the water master's compensation.
(9) The director may remove any watermaster whenever such watermaster fails to perform the watermaster's duty, upon complaint made to the director in writing, by one (1) person owning or having the right to the use of a water right that is assessed by such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, provided, that upon investigation the director, after a hearing with the other water users of said district, which shall be held in the district or at some location convenient to the wa20 ter users of the district, finds such charge to be true, and the director may appoint a successor for the unexpired term.
(10) Before entering upon the duties of the watermaster's office, said watermaster shall take and subscribe to an oath before some officer authorized by the laws of the state to administer oaths, to faithfully perform the duties of the watermaster's office, as provided in section 42-607, Idaho Code, and shall file that oath with the department of water resources. Upon appointment by the director, the actions taken by a watermaster in fulfillment of the duties of the office are covered by the state group surety bond as provided by sections 59-801 through 59-804, Idaho Code. A duly appointed watermaster that is reelected in consecutive years shall not be required to take and file additional oaths with the department of water resources for each consecutive year the watermaster is reelected. If a duly elected or appointed watermaster resigns, dies or is physically unable to perform the duties of the office during the remainder of the elected or appointed watermaster term of service, then the director is authorized to appoint a successor for the unexpired term as provided in paragraphs (a) and (b) of this subsec37 tion.
(a) If a water district advisory committee has been chosen as provided in subsection (6) of this section, the water district advisory committee shall meet to either nominate a successor watermaster or request a special meeting as provided in subsection (11) of this section to elect a new watermaster. Upon receipt of a nomination from a majority of the members of the water district advisory committee, the director is authorized to appoint the nominated successor watermaster for the unex45 pired term.
(b) If a water district advisory committee has not been chosen, the director of the department of water resources is authorized to appoint a temporary successor watermaster. The temporary appointment extends through the unexpired term unless a special meeting is requested as provided in subsection (11) of this section and water users elect a new watermaster.
(11) The director shall call a special meeting of the water district upon receipt of a written request for such meeting from a majority of the members of the advisory committee for a district, a written request from water users representing thirty percent (30%) or more of the votes cast at the last regular annual meeting, a written request from the watermaster, or on the director's own motion if the director determines a meeting is necessary to address matters that cannot be delayed until the next regular annual meeting. Notice of the time, place and purpose of the special meeting shall be given by the director in the manner provided in subsection (2) of this section, provided however, that a special meeting notice shall be sent at least fourteen (14) days prior to the meeting date.
(12) The water users may, by resolution, authorize the watermaster to acquire, hold and dispose of such real and personal property, equipment and facilities in the name of the water district as necessary for the proper distribution of water, administration of the water district and enhancement of water supplies and shall provide that all such real and personal property shall remain in the custody of the watermaster and the watermaster's successor.
(13) The water users may, by resolution, authorize the watermaster to develop, coordinate or provide, through contract or by other means, for projects involving cloud seeding that are designed to increase the water supplies of the water district by enhancing natural precipitation and which conform to state water planning objectives.
SECTION 8. That Section 42-1805, Idaho Code, be, and the same is hereby amended to read as follows:
42-1805. ADDITIONAL DUTIES. In addition to other duties prescribed by law, the director of the department of water resources shall have the follow30 ing powers and duties:
(1) To represent the state in all matters pertaining to interstate and international water rights affecting Idaho water resources; and to cooperate with all agencies, now existing or hereafter to be formed, within the state or within other jurisdictions, in matters affecting the development of the water resources of this state.
(2) To prepare a present and continuing inventory of the water resources of this state, ascertain means and methods of conserving and augmenting these and determine as accurately as possible the most effective means by which these water resources may be applied for the benefit of the people of this state.
(3) To conduct surveys, tests, investigations, research, examina42 tions, studies, and estimates of cost relating to availability of unappro43 priated water, effective use of existing supply, conservation, storage, distribution and use of water.
(4) To prepare and compile information and data obtained and to make the same available to interested individuals or agencies.
(5) To cooperate with and coordinate activities with the director of the department of environmental quality as such activities relate to the functions of either or both departments concerning water quality. Such cooperation and coordination shall specifically require that:
(a) The director meet at least quarterly with the director of the department of environmental quality and his staff to discuss water quality programs. A copy of the minutes of such meeting shall be transmitted to the governor.
(b) The director transmit to the director of the department of environmental quality reports and information prepared by him pertaining to water quality programs and proposed rules pertaining to water quality programs.
(c) The director shall make available to the director of the department of environmental quality and the director of the department of environmental quality shall make available to the director all notices of hearings relating to the promulgation of rules relating to water quality, waste discharge permits, and stream channel alteration, as such directly affect water quality, and notices of any other hearings and meetings which relate to water quality.
(6) To perform administrative duties and such other functions as the board may, from time to time, assign to the director to enable the board to carry out its powers and duties.
(7) After notice, to suspend the issuance or further action on permits or applications as necessary to protect existing vested water rights or to ensure compliance with the provisions of chapter 2, title 42, Idaho Code, or to prevent violation of minimum flow provisions of the state water plan.
(8) To promulgate, adopt, modify, repeal and enforce rules implementing or effectuating the powers and duties of the department.
(9) To seek a preliminary or permanent injunction, or both, or a temporary restraining order restraining any person from violating or attempting to violate:
(a) Those provisions of law relating to all aspects of the appropriation of water, distribution of water, headgates and measuring devices;
or
(b) The administrative or judicial orders entered in accordance with the provisions of law.
(10) To develop, coordinate and provide, through contract or by other means, for projects involving cloud seeding that are designed to increase the water supplies of the state by enhancing natural precipitation and that conform to state water planning objectives. To accomplish these purposes, the director is authorized to accept and use funds acquired through legislative appropriation or by gift, grant, contribution or funding received from any private or public individual or entity. All funds accepted under this provision shall be transmitted to the state treasurer for deposit in the water administration account and shall be reserved and made available until expended as ordered by the director for cloud seeding purposes determined by the director to be beneficial.
(11) To develop and implement a plan for data gathering to determine any effect of the cloud seeding efforts in which the department is involved.
(12) To receive, file, record, or retain documents of record on media other than paper.
SECTION 9. 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.
STATEMENT OF PURPOSE
RS32239C1 / S1065
This bill prohibits unauthorized weather modification and solar radiation management activities in Idaho to
protect the state’s environment and public health. Weather modification, including cloud seeding and solar
radiation management, could have significant negative impacts on agriculture, water supplies, and public
welfare if left unregulated. The bill ensures that only authorized projects, such as those by the Idaho Water
Resource Board, are allowed, providing oversight to mitigate risks associated with unauthorized weather
manipulation. Additionally, the bill removes an unused taxing district related to weather modification that has not been utilized since the 1970s, eliminating unnecessary bureaucratic structures.
FISCAL NOTE
This bill does not require any additional funding or resources from the State's General Fund, as it utilizes existing personnel and resources for enforcement and oversight.