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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
weather modification; license; rules
Purpose
Prescribes requirements relating to the application, fees and issuance of weather modification licenses (license). Requires the Director of the Arizona Department of Water Resources (ADWR) on receipt of an administratively complete application to transmit a copy of the application to the Arizona Department of Environmental Quality (ADEQ) and grants ADEQ oversight over the chemicals, compounds or substances that may be used in a weather modification operation. Establishes a license database.
Background
Current statute prohibits any person or public or private corporation, other than the federal or state government or their agencies, from conducting weather control or cloud modification operations or attempting to artificially produce rainfall without first obtaining a license from ADWR. At the time of applying for the license, the applicant must pay a $100 fee and file an application in the form prescribed by the Director of ADWR. An application for a license to conduct such operations must include: 1) the name and address of the applicant; 2) the names of the operating personnel; 3) the scientific qualifications of all operating or supervising personnel; 4) a statement of all other contracts completed or in process of completion at the time the application is made; 5) the methods of operation the licensee will use and the description of the aircraft, ground and meteorological services to be utilized; and 6) the names of the contracting parties within Arizona (A.R.S. §§ 45-1601 and 45-1603).
Any person conducting weather control or cloud modification operations without first having procured a license, or who knowingly makes a false statement in the application for license, or who knowingly fails to file any statutorily required report or evaluation, or who conducts any weather control or cloud modification operation after revocation of their license, or who violates any other statutory requirement is guilty of a class 3 misdemeanor (A.R.S. Title 45, Chapter 9). A class three misdemeanor has a maximum prison sentence of 30 days and a maximum fine of $500 (A.R.S. §§ 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires monies collected from the license fee to be distributed to the ADWR and ADEQ in proportion to each department's cost of reviewing a license application.
2. Prohibits a political subdivision or agency of Arizona from conducting any weather modification operations or attempting artificially to augment precipitation, perform hail suppression or disperse fog in Arizona without having first received a license from the Director of ADWR.
3. Requires the Director of ADWR, on receipt of any administratively complete application, to transmit a copy of the application to ADEQ.
4. Requires the Director of ADWR, within 120 days, to issue a license if the Director determines that:
a) the proposed operation will not cause flooding, damage property or harm wildlife; and
b) the proposed operation will use chemicals, compounds or substances that have been reviewed and approved by ADEQ and the Director of ADEQ has issued a statement that affirms its review of the application and the proposed use and quantity of the chemicals, compounds or substances.
5. Requires ADWR, on receipt of the notice from ADEQ, to provide written notice of the proposed operation to the general public that resides or owns property in the proposed operation area and accept public comment on the proposed operation.
6. Requires the Director of ADWR to hold at least one public meeting in the likely affected area within 30 days after providing the outlined notice and the opening of public comment.
7. Requires the Director of ADWR to condition a license on the applicant agreeing in writing to modify the weather modification operation consistent with the requirements of ADEQ.
8. Requires the Director of ADWR to condition a license on the applicant agreeing in writing to be responsible for actively monitoring the weather conditions and pattern before the operation begins and maintaining familiarity with the license suspension criteria.
9. Requires all licensees, for the duration of any weather modification operation, to maintain insurance or evidence of financial surety
10. Allows the evidence of financial surety to be satisfied by a contractor indemnifying the licensee.
11. Requires the Director of ADWR to adopt rules to establish a formula for the necessary insurance or financial surety that is needed to protect the public and cover any potential losses from weather modification operations.
12. Removes, from the license application process, the requirement to furnish a statement showing:
a) the names of the operating personnel, and if unincorporated, all individuals connected with the organization, or if a corporation, the names of each of the officers and directors thereof, together with the address;
b) the scientific qualifications of all operating or supervising personnel; and
c) a statement of all other contracts completed or in process of completion at the time the application is made, giving the names and addresses of the persons to whom the services were furnished and the areas in which such operations have been or are being conducted.
13. Adds to the outlined statement that an applicant, at the time of applying for the license, must furnish:
a) the name, contact information and address of the applicant and the potential contractor of the applicant;
b) the position job titles and job descriptions of the key persons who are responsible for the weather modification operation;
c) the description of the equipment;
d) details of the operation, including:
i. the estimated hours in which operations will be conducted;
ii. the type of weather modification proposed, including whether the operation will augment precipitation, perform hail suppression or disperse fog;
iii. the estimated volume of water in acre-feet that the licensee expects to create or induce and the estimation methodology; and
iv. the names and quantity of each chemical, compound and substance that the Licensee will release, and that ADEQ has approved the quantity and chemical, compound or substance for the proposed use;
e) the potential watersheds, rivers, streams and floodplains that may be affected by the operation;
f) the projected weather forecast or weather pattern for the operation period and the source of the projected forecast or pattern; and
g) evidence of financial surety or insurance for the duration of the license time frame.
14. Requires a license to remain valid for one year from the date of issuance.
15. Allows a licensee, before expiration of the license, to submit a renewal application on a form prescribed by the Director of ADWR.
16. Requires the Director of ADWR to act on any administratively complete renewal application within 30 days after receipt.
17. Stipulates that any license renewal that is approved before the expiration date of the original license or a renewed license remains in effect from the original date of issuance to the end of the renewal period.
18. Requires the Director of ADWR to approve a renewal application if:
a) there is no material change in the licensee's operation;
b) the licensee has complied with all reporting and notice requirements;
c) the licensee has not been convicted of a weather modification violation; and
d) the licensee has and maintains sufficient financial surety or insurance.
19. Requires the licensee to submit a new application if there is a material change in the licensee's operation.
20. Requires the Director of ADWR to adopt rules that establish criteria for suspending weather modification operations.
21. Requires the Director of ADWR to base the criteria on industry guidelines, suspension criteria in other western states and feedback from stakeholders that is collected during the rulemaking process.
22. Prohibits a person from conducting or attempting weather modification when suspension criteria are in effect.
23. Requires the Director of ADWR to issue a public notice and hold at least one public meeting to seek feedback from members of the public and interested stakeholders before the Director prepares or submits any notice to adopt or amend any rules.
24. Requires the Director of ADWR t0 maintain a searchable database of all licenses and license applications on the ADWRs website that includes:
a) the name of the operation, applicant or licensee;
b) the application or license number;
c) the operation date range;
d) the location and the likely affected area of the project;
e) the purpose of the operation, including whether the purpose is to augment precipitation, perform hail suppression or disperse fog;
f) the anticipated volume of water in acre-feet that the operation will produce; and
g) a downloadable link of the application or license and all accompanying documentation, including all documents and approvals that are submitted or received from ADEQ.
25. Requires the Director of ADWR to update the database each time the Director receives or takes any action on an application or license that is submitted or issued.
26. Requires each licensee, before the start of each annual season that a licensee plans to conduct a weather modification operation, to issue a notice in a newspaper of general circulation in the affected area that contains:
a) a brief description of the planned operation area and the likely affected area;
b) a brief description of the potential months and estimated hours of operation;
c) a brief statement indicating that ADWR and ADEQ have approved the operation;
d) the name and contact information of the licensee's primary point of contact;
e) the contact information of ADWR; and
f) the name and contact information of ADEQ.
27. Requires all licensee reports to include:
a) the total number of cloud seeding hours;
b) the total estimated volume in acre-feet of water produced; and
c) the name and volume of all chemicals, compounds and substances the licensee used.
28. Requires the Director of ADWR to forward all licensee reports to the Director of ADEQ.
29. Deems a person who knowingly conducts any weather modification operation without first having procured a license when suspension criteria are in effect, when the person should have known suspension criteria are in effect, or who violates any of the weather modification requirements, including the use of any chemical, compound or substance in an amount greater than authorized by the person's license, guilty of a class 3 misdemeanor
30. Allows any Arizona resident to submit a petition to the Attorney General (AG) alleging a weather modification violation.
31. Requires the AG to investigate all petitions.
32. Requires the AG to file any weather modification complaints in the superior court.
33. Requires the court to award the prevailing party injunctive relief, reasonable attorney fees and any other relief the court finds necessary in addition to any other applicable penalties.
34. Requires the Director of ADEQ to adopt rules to create a list of approved chemicals, compounds and substances and the maximum quantity of each chemical, compound and substance that a person may use to conduct weather modification operations or to attempt artificially to augment precipitation, perform hail suppression or disperse fog.
35. Requires the Director of ADEQ to base the list on industry guidelines, the maximum quantity of each chemical, compound and substance that are authorized in other western states and the potential effects of the chemicals, compounds and substances on persons, wildlife and the environment.
36. Requires the Director of ADEQ, within 30 days of receiving a license application to:
a) review the application and determine whether the proposed chemicals, compounds and substances and the proposed quantity of each, comply with the prescribed rules; and
b) transmit to the Director of ADWR a written notice that ADEQ has reviewed the application and that the proposed chemicals, compounds and substances and the proposed quantity of each complies or fails to comply with the prescribed rules.
37. Requires the Director of ADEQ to individually note compliance for each proposed chemical, compound and substance and each quantity.
38. Allows the Director of ADEQ to condition the determination of compliance with prescribed rules on the applicant agreeing modify the proposed chemical, compound or substance or the quantity consistent with the guidelines of ADEQ.
39. Requires the Director of ADEQ to provide a representative to be present at any public meeting held.
40. Requires the Director of ADEQ to issue a public notice, hold a public meeting and seek feedback from the public and interested stakeholders before filing a notice with the Secretary of State to adopt or modify rules.
41. Immunizes ADWR, the Director of ADWR, ADEQ and the State of Arizona from any damages, claims or causes of action that result from an issued license.
42. Defines material change as a change in the proposed chemical compounds or substances that will be used in the planned operation or a substantial increase in the per event amount of chemicals, compounds or substances that will be used in the planned operation and excluding a change in the months, number of months or estimated hours of operation if the changes occur within the same operation season as the original license.
43. Repeals requirements relating to weather control and cloud modification equipment licenses
44. Requires ADWR and ADEQ to adopt rules for the implementation of the requirements relating to weather modification within 60 days of the general effective date
45. Applies the prescribed requirements relating to weather modification on the effective date of the rules adopted by ADEQ and ADWR.
46. Contains a statement of legislative intent.
47. Makes technical and conforming changes.
48. Becomes effective on the effective date.
Prepared by Senate Research
January 30, 2026
SB/NRG/hk