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SB1279 • 2026

weather modification; license; rules.

SB1279 - weather modification; license; rules.

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: David C. Farnsworth
Last action: 2026-02-10
Official status: Senate minority caucus
Effective date: Not listed

Plain English Breakdown

The official source material did not provide specific details on how public input influences licensing decisions.

Weather Modification Licensing Rules

This bill updates Arizona's rules for getting a license to do weather modification, including requirements for applications and oversight by environmental agencies.

What This Bill Does

Requires the Director of Water Resources to send application copies to the Department of Environmental Quality (ADEQ) when reviewing weather modification licenses.
Establishes that ADEQ must review chemicals used in weather modification operations before a license is issued.
Sets up public notice and comment periods for proposed weather modification projects.
Requires applicants to agree to modify their operations based on environmental quality requirements and monitor weather conditions.
Necessitates insurance or financial surety from licensees during the operation period.

Who It Names or Affects

People and organizations that want to conduct weather modification in Arizona need a license from the Department of Water Resources.

Terms To Know

Weather Modification: Activities like cloud seeding or hail suppression that aim to change weather patterns.
License: A permit required by law before someone can legally perform certain activities, in this case, weather modification.

Limits and Unknowns

The bill does not specify the exact fees for license applications beyond the initial $100 fee.
It is unclear how much public input will influence licensing decisions.
There are no details on what happens if a licensee violates the rules after getting a license.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SENATE - Natural Resources (Adopted)

Adopted

Plain English: Fifty-seventh Legislature Natural Resources Second Regular Session S.B.

Fifty-seventh Legislature Natural Resources Second Regular Session S.B.
1279 COMMITTEE ON NATURAL RESOURCES SENATE AMENDMENTS TO S.B.
1279 (Reference to printed bill) The bill as proposed to be amended is reprinted as follows: 1 Section 1.
Section 45-117, Arizona Revised Statutes, is amended to 2 read: 3 45-117.

This amendment summary is using official source text because generated interpretation was skipped for this run.

SENATE - Natural Resources (Proposed)

Proposed

Plain English: Fifty-seventh Legislature Natural Resources Second Regular Session S.B.

Fifty-seventh Legislature Natural Resources Second Regular Session S.B.
1279 PROPOSED SENATE AMENDMENTS TO S.B.
1279 (Reference to printed bill) The bill as proposed to be amended is reprinted as follows: 1 Section 1.
Section 45-117, Arizona Revised Statutes, is amended to 2 read: 3 45-117.

This amendment summary is using official source text because generated interpretation was skipped for this run.

Bill History

2026-02-10 Senate
Senate minority caucus
2026-02-10 Senate
Senate majority caucus
2026-01-26 Senate
Senate second read
2026-01-22 Senate
Senate Rules: PFC
2026-01-22 Senate
Senate Natural Resources: DPA
2026-01-22 Senate
Senate first read

Official Summary Text

SB1279 - 572R - Senate Fact Sheet

Assigned to
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PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1279

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, or is in the process of
approving, 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 information
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 to 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, excluding the initial application year in which the Director of
ADWR issues a public notice and 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 Director of ADWR alleging a weather modification violation.

31.

Requires the Director of
ADWR to review all petitions.

32.

Allows the Director of ADWR
to investigate any petition that the Director reasonably believes violates the
requirements related to weather modification.

33.

Allows
the Director of ADWR to:

a)

issue
a cease-and-desist order;

b)

assess
a civil penalty of up to
$1,000 for each violation but
not to exceed $10,000 in the aggregate
; or

c)

refer the matter to the Attorney General (AG) for enforcement.

34.

Requires the AG to file any weather
modification complaints in the superior court.

35.

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.

36.

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.

37.

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.

38.

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.

39.

Requires the Director of
ADEQ to individually note compliance for each proposed chemical, compound and
substance and each quantity.

40.

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.

41.

Requires the Director of
ADEQ to provide a representative to be present at any public meeting held.

42.

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.

43.

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.

44.

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.

45.

Repeals requirements
relating to weather control and cloud modification equipment licenses

46.

Requires
ADWR and ADEQ, for the implementation of the requirements relating to weather
modification, to:

a)

initiate
rulemaking within 60 days of the general effective date; and

b)

adopt rules within six months of the general effective date.

47.

Applies the prescribed
requirements relating to weather modification on the effective date of the
rules adopted by ADEQ and ADWR.

48.

Contains a statement of
legislative intent.

49.

Makes technical and
conforming changes.

50.

Becomes effective on the
effective date.

Amendments
Adopted by Committee:

1.

Exempts
the licensee's annual newspaper notice requirement for the initial application
year in which the Director of ADWR issues a public notice.

2.

Transfers
the authority to handle the citizen complaints requirements from the AG to the
Director of ADWR.

3.

Authorizes
the Director of ADWR to issue a cease-and-desist order, assess a civil penalty
up to $1,000 for each violation but not to exceed $10,000 in the aggregate and
refer cases to the AG for enforcement.

4.

Requires
ADEQ and ADWR to initiate rulemaking, rather than adopt rules, within 60 days
of the general effective date and adopt rules to within six months of the
general effective date.

5.

Requires
the Director of ADWR to review all petitions.

6.

Adds,
to the outlined statement that an applicant must furnish during the license
application, the names and quantity of each chemical, compound and substance
that the licensee will release, and that ADEQ is in the process of approving.

7.

Makes
technical and conforming changes.

Senate
Action

NR����� 2/3/26� DPA��� 5-2-1

Prepared by Senate Research

February 5, 2026

SB/NRG/hk

Current Bill Text

Read the full stored bill text

SB1279 - 572R - I Ver

REFERENCE TITLE:
weather modification; license; rules.

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1279

Introduced by

Senator
Farnsworth

AN
ACT

amending sections 45-117, 45-1601,
45-1602 and 45-1603, Arizona Revised Statutes; amending title 45,
chapter 9, article 1, Arizona Revised Statutes, by adding sections 45-1603.01,
45-1603.02 and 45-1603.03; amending section 45-1604, Arizona
Revised Statutes; repealing section 45-1605, Arizona Revised Statutes;
amending sections 45-1606 and 45-1607, Arizona Revised Statutes; amending title
45, chapter 9, article 1, Arizona Revised Statutes, by adding section 45-1608;
amending title 49, chapter 1, article 1, Arizona Revised Statutes, by adding
section 49-119; RELATING to weather modification.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-117, Arizona Revised
Statutes, is amended to read:

START_STATUTE
45-117.

Water resources fund; purpose; monies held in trust

A. The water resources fund is established to be
maintained in perpetuity consisting of:

1. Except as provided in section 45-113,
subsection F, monies received pursuant to sections 45-113, 45-115,
45-116, 45-183, 45-273, 45-292, 45-411.01, 45-467,
45-476.01, 45-595, 45-612, 45-703, 45-871.01, 45-874.01,
45-1021, 45-1041, 45-1205
,

and
45-1603
and 45-1605
.

2. Monies appropriated by the legislature to the
water resources fund.

3. Gifts, grants and donations to the fund from any
public or private source.

4. Interest and other income received from investing
monies in the fund.

B. Monies in the fund are subject to legislative
appropriation.� Monies remaining in the fund at the end of the fiscal year
remain in the fund and are exempt from the provisions of section 35-190
relating to lapsing of appropriations.

C.
Except for monies collected
pursuant to section 45-1603,
monies in the fund shall be used
exclusively by the department of water resources to carry out the purposes of
this title and shall not be appropriated for any other purpose.�
Monies collected pursuant to section 45-1603 shall be distributed to
the department of water resources and the department of environmental quality
in proportion to each department's cost of reviewing a weather modification
license application.

D. The director shall administer the fund.� On
notice from the director, the state treasurer shall invest and divest the
monies in the fund as provided by section 35-313 and monies earned from
investment shall be credited to the fund.

E. Any fee, assessment or other levy that is
authorized by law or administrative rule and that is collected and deposited in
the water resources fund shall be held in trust.� The monies in the fund may be
used only for the purposes prescribed by statute and shall not be appropriated
or transferred by the legislature to fund the general operations of this state
or to otherwise meet the obligations of the general fund of this state.� This
subsection does not apply to any taxes or other levies that are imposed
pursuant to title 42 or 43.
END_STATUTE

Sec. 2.
Heading change

The chapter heading of title 45,
chapter 9, Arizona Revised Statutes, is changed from "WEATHER CONTROL AND
CLOUD MODIFICATION" to "WEATHER MODIFICATION".

Sec. 3. Section 45-1601, Arizona Revised Statutes, is amended to read:

START_STATUTE
45-1601.

License required

A
person
,

A
corporation,
other than the United States and
its administrative agencies
or
the

a
political subdivision or agency of this
state
shall
,
without having first received a license from the director of water resources,
shall not
conduct any weather
control or cloud

modification operations or attempt artificially to
produce
rainfall

augment precipitation, perform hail suppression
or disperse fog in this state.

END_STATUTE

Sec. 4. Section 45-1602, Arizona Revised
Statutes, is amended to read:

START_STATUTE
45-1602.

Application for weather modification license; conditions; rules

a.
Any
individual or corporation who
A person or a POLITICAL
subdivision or agency of this state

that
proposes
to operate weather
control or cloud
modification projects
or
that
attempts to artificially
induce
rainfall shall,
augment precipitation, PERFORM hail
suppression or disperse fog,
before engaging in any such operation,
make application

shall apply
to the
director for a license to engage in the particular weather
control
or cloud
modification operation contemplated.

B. On receipt of any administratively
complete APPLICATION, the director shall transmit a copy of the APPLICATION to
the Department of environmental quality.

C. The director shall issue a weather
modification license within one hundred twenty days if the director determines
that both of the following apply:

1. The PROPOSED OPERATION will not
cause flooding, damage property or harm wildlife.

2. The
proposed operation will use chemicals, compounds OR substances that have been
reviewed and approved by the department of environmental quality pursuant to
section 49-119 and the director of the department of environmental
quality has issued a statement that affirms its review of the application and
the proposed use and quantity of the chemicals, compounds or substances.

D. On
receipt of the notice from the department of environmental quality pursuant to
section 49-119, the department of the department of water resources shall
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.

E. Within
thirty days after providing notice and the opening of public comment, the
director shall hold at least one public meeting in the likely affected area.

F. the director may condition a
weather modification license on the applicant agreeing in writing to modify the
weather modification operation consistent with the requirements of the
department of environmental QUALITY.

G. the director shall condition a
weather modification 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 adopted pursuant to section 45-1603.02.

H. All licensees shall maintain
insurance or evidence of financial surety for the duration of any weather
modification operation. The evidence of financial surety may be
satisfied by a contractor indemnifying the licensee.� The director shall 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.
END_STATUTE

Sec. 5. Section 45-1603, Arizona Revised
Statutes, is amended to read:

START_STATUTE
45-1603.

Application fee; statement accompanying application

A. At the time of applying for the license, the
applicant shall pay to the director a fee of
one hundred dollars,
$100
and shall file an application in the form prescribed by
the director and furnish a statement showing:

1. The name
, contact information

and address of the applicant
and the contractor that the
applicant may use for the operation
.

2. 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 of each.

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,
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.

2. The position job titles and job
descriptions of the key persons who are responsible for the weather
modification operation.

3. The

methods of operation the licensee will use and the description of the
aircraft,
equipment,
ground and meteorological services
to be
utilized
used and the operating
technique
.

4.
Names of the contracting parties within the state

Details of the operation
, including:

(a) The area to be served.

(b) The months
and estimated hours
in
which operations will be conducted.

(
d
) The type of
weather modification proposed, including whether the operation will augment
precipitation, PERFORM hail suppression or disperse fog.

(
e
) The
estimated volume of water in acre-feet that the licensee expects to
create or induce and the estimation methodology.

(
f
) The names
and quantity of each chemical, compound and substance that the licensee will
release and that the department of ENVIRONMENTAL QUALITY has approved the
quantity and chemical, compound or substance for the proposed use pursuant to
section 49-119.

5. the potential watersheds, rivers,
streams and floodplains that may be affected by the operation.

6. THe projected weather forecast or
weather pattern for the operation period and the SOURCE of the projected
forecast or pattern.

7. Evidence of FINANCIAL surety or
INSURANCE for the duration of the license time frame.

B. The director shall deposit, pursuant to sections
35-146 and 35-147, all fees received under this section in the
water resources fund established by section 45-117.
END_STATUTE

Sec. 6. Title 45, chapter 9, article 1, Arizona
Revised Statutes, is amended by adding sections 45-1603.01, 45-1603.02
and 45-1603.03, to read:

START_STATUTE
45-1603.01.

Weather modification license; duration; renewal; effective date
of license; definition

A. a license issued pursuant to this
article shall remain valid for one year from the date of issuance.

B. Before expiration of the license,
a licensee may submit a renewal application on a form prescribed by the
director. The director shall take action on any administratively
complete renewal application within thirty days after receipt. 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.

c. The director shall approve a
renewal application if all of the following CONDITIONS are met:

1. there is no material change in the
licensee's operation.

2. The licensee has complied with all
reporting and notice requirements prescribed in section 45-1604.

3. The licensee has not been
convicted of a violation of this article pursuant to section 45-1607.

4. The licensee has and maintains
sufficient financial surety or insurance pursuant to section 45-1602.

d. If there is a material change in
the LICENSEE's operation, the licensee shall SUBMIT a new application as
prescribed in section 45-1602.

E. For
the purposes of this section, "MATERIAL change":

1. includes
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.

2. Does not include 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.
END_STATUTE

START_STATUTE
45-1603.02.

Rules; license; suspension; criteria

A. to protect the public health and
safety and to mitigate any potential impacts to affected FLOODPLAINS,
WATERSHEDS and property owners, the director shall adopt rules that ESTABLISH CRITERIA
for suspending weather MODIFICATION operations. The director shall
base the CRITERIA on industry guidelines, suspension criteria in other western
states and feedback from stakeholders that is collected during the rulemaking
process.

b. A person may not conduct or
attempt weather modification when suspension CRITERIA are in effect.

c. BEfore the director prepares or
submits any notice to adopt or amend any rules adopted pursuant to this
section, the director shall issue a public notice and hold at least one public
meeting to seek feedback from members of the public and interested
stakeholders.
END_STATUTE

START_STATUTE
45-1603.03.

Online license database

A. The director shall maintain a
searchable database of all licenses and license applications on the
department's website. The database shall include the following:

1. the name of the operation,
applicant or licensee.

2. The application or license number.

3. The operation date range.

4. the location and the likely
affected area of the project.

5. The purpose of the operation,
including whether the purpose is to augment precipitation, perform hail
suppression or disperse fog.

6. The ANTICIPATED volume of water in
acre-feet that the operation will produce.

7. A downloadable link of the
application or license and all accompanying documentation, including all
documents and approvals that are submitted or received from the department of
environmental quality pursuant to section 49-119.

B. The director shall update the
database each time the director receives or takes any action on an application
or license that is submitted or issued pursuant to this article.
END_STATUTE

Sec. 7. Section 45-1604, Arizona Revised Statutes, is amended to read:

START_STATUTE
45-1604.

Notice of planned operation; reports required from licensees;
failure to file; revocation of license

a. Before
the start of each annual season that a licensee plans to conduct a weather
modification operation, each licensee shall issue a notice in a newspaper of
general circulation in the affected area that contains all of the following:

1. A brief description of the planned
operation area and the likely affected area.

2. a BRIEF description of the
potential months and estimated hours of operation.

3. a BRIEF statement indicating that
the department of water resources and the department of environmental quality
have approved the operation.

4. the name and contact information
of the licensee's primary point of contact.

5. the contact information of the
department of water resources.

6. the name and contact information
of the department of environmental quality.

b.
Each licensee
shall,
Within ninety days after conclusion of any weather
control
or cloud
modification project,
each licensee shall
file
with the director a final evaluation of the project. Each six months
during the operation of any project
which

that

has not been completed each licensee shall file a report evaluating the
operations for the preceding six months in the project.

c. All reports shall include the
following:

1. The total number of cloud seeding
hours.

2. The total estimated volume in acre-feet
of water produced.

3. The name and volume of all
chemicals, compounds and substances the licensee used.

D. The director of THE department of
water resources shall forward all reports to the director of the department of environmental
quality.

E. The
failure to file
such reports
any report

or
to provide the notice prescribed in this section
constitutes grounds for
immediate revocation of the license.
END_STATUTE

Sec. 8.
Repeal

����� Section 45-1605,
Arizona Revised Statutes, is repealed.

Sec. 9. Section 45-1606, Arizona Revised
Statutes, is amended to read:

START_STATUTE
45-1606.

Exception

Nothing in
This article
shall
be construed to

does not
prohibit the use and
operation of equipment and supplies designed for the purpose of weather
control or cloud
modification
that are
owned
by the owner, lessee or licensee of real property
and that are

used for agricultural purposes on the property for his exclusive benefit.
END_STATUTE

Sec. 10. Section 45-1607, Arizona Revised
Statutes, is amended to read:

START_STATUTE
45-1607.

Violations; classification; enforcement

a.
Any

A
person
conducting

that
conducts
weather
control or cloud
modification
operations without first having procured a license as provided by this article,

or
who knowingly makes a false statement in the
application for license,
or who knowingly fails to file any
report or evaluation required by this article, or
who
knowingly

conducts any weather control
or cloud
modification
operation
when suspension criteria are in effect, when the
person should have known suspension criteria are in effect, or
after revocation
of
his or its
the person's
license
,
or who violates any other provision of this article
, including the use of any chemical, compound or substance in an
amount greater than authorized by the person's license
, is guilty of a
class 3 misdemeanor.

B. Any resident of this state may
submit a petition to the attorney general alleging a violation of this
section. The attorney general shall investigate all petitions. The
attorney general shall file any complaints pursuant to this section in the
superior court.

c. in addition to any other
applicable penalties, the court shall award the prevailing party INJUNCTIVE
relief, reasonable attorney fees and any other relief the court finds
necessary.
END_STATUTE

Sec. 11. Title 45, chapter 9, article 1,
Arizona Revised Statutes, is amended by adding section 45-1608, to read:

START_STATUTE
45-1608.

Immunity from liability

The department, the director and this state,
including the department of environmental quality, are not liable for any
damages, claims or causes of action that result from a license issued pursuant
to this article or section 49-119.
END_STATUTE

Sec. 12. Title 49, chapter 1, article 1,
Arizona Revised Statutes, is amended by adding section 49-119, to read:

START_STATUTE
49-119.

Weather modification; rules; application review

A. The director shall 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. The
director shall 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.

B. Within thirty days after receiving
a weather modification license application pursuant to title 45, chapter 9, the
director shall:

1. Review the application and
determine whether the proposed chemicals, compounds and substances and the
proposed quantity of each comply with rules adopted pursuant to this section.

2. Transmit to the director of the
department of water resources a written notice that the department of
environment quality 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 rules adopted pursuant to this
section. The director of the department of environmental quality
shall individually note compliance for each proposed chemical, compound and
substance and each quantity.

C. The director may condition the
determination made pursuant to subsection b, paragraph 2 of this section on the
applicant agreeing to modify the proposed chemical, compound or substance or
the quantity consistent with the guidelines of the department.

d. The director shall provide a
REPRESENTATIVE to be present at any public meeting held pursuant to section 45-1603.02.

E. Before the director files a notice
with the secretary of state to adopt rules or modify rules pursuant to this
section, the director shall issue a public notice, hold a public meeting and
seek feedback from the public and interested stakeholders.
END_STATUTE

Sec. 13.
Rulemaking

Within sixty days after the effective
date of this act, the department of water resources and the department of
environmental quality shall adopt rules to implement this act.

Sec. 14.
Legislative intent

It is the intent of the legislature
that the online license database the department of water resources maintains
pursuant to section 45-1603.03, Arizona Revised Statutes, as added by
this act, be similar to the national oceanic and atmospheric administration
weather modification database.

Sec. 15.
Applicability

This act applies from and after the
effective date of updated rules that are adopted by the department of
environmental quality and the department of water resources pursuant to this
act.