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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
669
BY
CAYLER
AN
ACT
1
RELATING
TO
CLOUD
SEEDING;
REPEALING
SECTION
42
-
4301,
IDAHO
CODE,
RELATING
2
TO
CLOUD
SEEDING;
AMENDING
CHAPTER
43,
TITLE
42,
IDAHO
CODE,
BY
THE
AD
-
3
DITION
OF
A
NEW
SECTION
42
-
4301,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
RE
-
4
GARDING
CLOUD
SEEDING;
AMENDING
SECTION
42
-
605,
IDAHO
CODE,
TO
REMOVE
A
5
REFERENCE
TO
CLOUD
SEEDING
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
6
SECTION
42
-
1805,
IDAHO
CODE,
TO
REMOVE
REFERENCES
TO
CLOUD
SEEDING
AND
7
WEATHER
MODIFICATION
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
REPEALING
SEC
-
8
TION
46
-
1015,
IDAHO
CODE,
RELATING
TO
WEATHER
MODIFICATION;
AND
DECLAR
-
9
ING
AN
EMERGENCY.
10
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
1
1
SECTION
1.
That
Section
42
-
4301
,
Idaho
Code,
be,
and
the
same
is
hereby
12
repealed.
13
SECTION
2.
That
Chapter
43,
Title
42,
Idaho
Code,
be,
and
the
same
is
14
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
15
ignated
as
Section
42
-
4301,
Idaho
Code,
and
to
read
as
follows:
16
42
-
4301.
CLOUD
SEEDING.
(1)
The
legislature
finds
that:
17
(a)
Idaho's
economy
and
the
welfare
of
its
citizens
depend
on
a
reliable
18
and
clean
water
supply;
19
(b)
Data
accumulated
and
analysis
undertaken
since
the
initiation
of
20
the
cloud
seeding
program
demonstrates
that
cloud
seeding
lacks
prov
-
21
able
outcomes.
In
2024,
the
government
accountability
office
found,
22
"when
uncertainty
was
considered
in
estimates
of
cloud
seeding
effec
-
23
tiveness,
the
estimated
effect
was
not
distinguishable
from
zero
with
24
a
high
degree
of
statistical
confidence
(e.g.,
with
95
percent
confi
-
25
dence)";
and
26
(c)
Cloud
seeding,
weather
modification,
and
other
forms
of
geo
-
en
-
27
gineering
violate
the
Idaho
constitution,
section
1,
article
I,
which
28
provides
for
the
inalienable
rights
of
man,
and
that
all
men
are
by
na
-
29
ture
free
and
equal,
and
have
certain
inalienable
rights,
among
which
30
are
enjoying
and
defending
life
and
liberty,
acquiring,
possessing
and
31
protecting
property,
and
pursuing
happiness
and
securing
safety.
32
(2)
All
cloud
seeding
programs
along
with
all
other
weather
modifi
-
33
cation
activities
are
hereby
prohibited
and
banned
from
occurring
in
the
34
state
of
Idaho.
Any
and
all
aerial
or
ground
-
based
cloud
seeding
projects
35
or
programs
or
any
other
form
of
weather
modification
shall
be
ceased
indef
-
36
initely.
37
(3)
Any
person,
including
any
public
or
private
entity,
who
conducts
38
cloud
seeding
or
attempts
a
weather
modification
activity
in
violation
of
39
the
provisions
of
this
section
shall
be
guilty
of
a
felony
punishable
by
five
40
2
(5)
years
in
prison
and
a
one
-
hundred
-
thousand
-
dollar
($100,000)
fine
per
1
violation.
2
SECTION
3.
That
Section
42
-
605,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
42
-
605.
DISTRICT
MEETINGS
-
-
WATERMASTER
AND
ASSISTANTS
-
-
ELECTION
5
-
-
REMOVAL
-
-
OATH
AND
BOND
-
-
ADVISORY
COMMITTEE.
(1)
There
shall
be
held
6
on
the
first
Monday
in
March
in
each
year,
except
as
provided
in
subsection
7
(2)
of
this
section,
a
meeting
of
persons
owning
or
having
the
use
of
a
water
8
right
in
the
waters
of
the
stream
or
water
supply
comprising
such
district
9
that
is
assessed
or
proposed
to
be
assessed
by
such
district,
which
right
has
10
been
adjudicated
or
decreed
by
the
court
or
is
represented
by
valid
permit
or
1
1
license
issued
by
the
department
of
water
resources.
12
(2)
Such
meeting
shall
be
held
at
some
a
place
within
the
water
dis
-
13
trict,
or
at
some
a
nearby
location
convenient
to
a
majority
of
those
en
-
14
titled
to
vote
thereat.
The
director
of
the
department
of
water
resources
15
shall,
at
least
twenty
-
one
(21)
days
prior
to
the
meeting
date,
send
noti
-
16
fication
by
regular
mail
to
all
persons,
companies,
corporations
,
or
other
17
entities
known
by
the
director
to
hold
rights
that
are
assessed
or
proposed
18
to
be
assessed
by
such
district,
which
right
has
been
adjudicated
or
decreed
19
by
the
court
or
is
represented
by
valid
permit
or
license
issued
by
the
de
-
20
partment
of
water
resources,
of
the
time,
date,
location
,
and
purpose
of
the
21
annual
meeting.
At
any
annual
meeting,
the
water
users
may
vote
to
waive
the
22
requirement
for
notice
by
mail
and
provide
for
notice
to
be
given
for
future
23
meetings
by
publication
of
the
time,
date,
location
,
and
purpose
of
the
meet
-
24
ing
in
a
newspaper
or
newspapers
in
general
circulation
in
the
district
or
on
25
the
department
of
water
resources
website.
Published
notice
in
a
newspaper
26
or
newspapers
shall
be
made
once
per
week
for
two
(2)
consecutive
weeks
with
27
the
second
notice
appearing
at
least
fourteen
(14)
and
not
more
than
thirty
28
(30)
days
prior
to
the
meeting.
Notice
on
the
department
of
water
resources
29
website
shall
be
posted
at
least
twenty
-
one
(21)
days
prior
to
the
meeting
30
date.
At
any
annual
meeting,
the
water
users
may
vote
to
change
the
date
for
31
annual
meetings
in
subsequent
years
to
any
day,
except
Saturday
and
Sunday,
32
between
the
second
Monday
of
January
and
the
fourth
Tuesday
of
May.
At
an
an
-
33
nual
meeting,
the
water
users
may
adopt
resolutions
to
assure
or
improve
the
34
distribution
of
the
waters
of
the
district
within
state
law
and
may
provide
35
that
such
resolutions
shall
continue
from
year
to
year.
36
(3)
At
the
meeting
of
the
water
users
of
a
district,
there
shall
be
37
elected
a
watermaster
for
such
water
district
,
who
may
be
authorized
to
em
-
38
ploy
such
other
regular
assistants
as
the
water
users
shall
deem
necessary
,
39
and
who,
upon
appointment
by
the
director,
shall
be
responsible
for
distri
-
40
bution
of
water
within
said
water
district.
Notwithstanding
any
personnel
41
classification
assigned
to
the
watermaster
and
assistants
pursuant
to
the
42
provisions
of
chapter
53,
title
67,
Idaho
Code,
the
water
users
shall,
prior
43
to
the
election
of
such
watermaster
and
approval
of
the
employment
of
as
-
44
sistants,
fix
the
compensation
to
be
paid
to
them
during
the
time
actually
45
engaged
in
the
performance
of
their
duties.
46
(4)
Voting
shall
be
by
majority
vote
of
the
water
users
present
at
the
47
meeting
unless
one
(1)
or
more
water
users
requests
voting
using
the
proce
-
48
dure
which
that
follows
in
this
subsection.
In
such
case,
the
meeting
chair
-
49
3
man
shall
appoint
a
credentials
committee
to
determine
the
number
of
votes
1
each
water
user
present
is
authorized
to
cast.
If
requested,
each
person
2
present
who
owns
or
has
the
use
for
the
ensuing
season
of
any
water
right
in
3
the
stream
or
water
supply
comprising
such
water
district
that
is
assessed
or
4
proposed
to
be
assessed
by
such
district,
which
right
has
been
adjudicated
5
or
decreed
by
the
court
or
is
represented
by
valid
permit
or
license
issued
6
by
the
department
of
water
resources,
shall
be
entitled
to
a
number
of
votes
7
equal
to
the
average
annual
dollar
amount
and
any
fraction
thereof
assessed
8
for
that
person's
qualifying
water
right
for
the
previous
five
(5)
years,
or
9
such
lesser
number
of
years
as
the
right
has
been
assessed.
If
a
right
has
10
not
previously
been
assessed,
a
person
present
who
owns
or
has
the
use
of
the
1
1
right
for
the
ensuing
season
shall
be
entitled
to
a
number
of
votes
equal
to
12
the
dollar
amount
and
any
fraction
thereof
that
the
right
would
have
been
as
-
13
sessed
had
it
existed
and
been
reasonably
used
when
water
was
available
under
14
the
priority
of
the
right
during
the
previous
season.
Absentee
voting
and
15
voting
by
proxy
are
prohibited.
16
(5)
At
such
meeting,
the
water
users
shall
choose
a
meeting
chairman
and
17
meeting
secretary.
The
water
users
of
any
water
district
that
collects
or
18
pays
district
expenses
in
accordance
with
section
42
-
613(3)
or
42
-
619,
Idaho
19
Code,
shall
also
elect
a
water
district
treasurer.
Within
five
(5)
business
20
days
after
such
meeting,
the
meeting
chairman
and
meeting
secretary
shall
21
forward
a
certified
copy
of
the
minutes
of
such
meeting
to
the
department
of
22
water
resources.
The
meeting
chairman,
or
the
meeting
secretary
if
the
meet
-
23
ing
chairman
is
not
present,
from
the
immediately
preceding
annual
meeting
24
shall
call
the
meeting
to
order
and
preside
over
the
election
of
officers
for
25
the
meeting.
26
(6)
At
such
meeting,
the
water
users
may
choose
an
advisory
committee
27
to
be
composed
of
members
selected
as
may
be
determined
at
the
meeting,
which
28
committee
shall
serve
as
advisors
to
the
director
and
the
watermaster
in
mat
-
29
ters
pertaining
to
the
distribution
of
water
within
the
district.
The
advi
-
30
sory
committee
may
be
authorized
to
carry
out
policies
as
set
forth
in
reso
-
31
lutions
duly
adopted
by
the
water
users
at
the
annual
meeting
or
at
a
special
32
meeting.
The
advisory
committee
may
also
serve
as
the
local
committee
to
fa
-
33
cilitate
the
rental
of
stored
water
if
appointed
by
the
water
resource
board
34
for
such
purpose
under
pursuant
to
the
provisions
of
section
42
-
1765,
Idaho
35
Code.
36
(7)
A
corporation
or
a
water
delivery
organization,
including
but
not
37
limited
to
a
water
company,
an
irrigation
district,
an
irrigation
company
,
38
or
a
canal
company,
shall
be
considered
a
person
for
the
purpose
of
this
sec
-
39
tion
and
shall
designate
someone
to
cast
its
vote.
40
(8)
Should
said
meeting
not
be
held,
or
should
said
watermaster
not
be
41
elected
or
the
watermaster's
compensation
not
be
fixed
as
above
provided
in
42
this
section
,
then
the
director
is
authorized
to
appoint
a
watermaster
and
43
fix
the
watermaster's
compensation.
44
(9)
The
director
may
remove
any
watermaster
whenever
such
watermaster
45
fails
to
perform
the
watermaster's
duty,
upon
complaint
made
to
the
director
46
in
writing,
by
one
(1)
person
owning
or
having
the
right
to
the
use
of
a
wa
-
47
ter
right
that
is
assessed
by
such
district,
which
right
has
been
adjudicated
48
or
decreed
by
the
court
or
is
represented
by
valid
permit
or
license
issued
49
by
the
department
of
water
resources,
provided,
that
upon
investigation
,
the
50
4
director,
after
a
hearing
with
the
other
water
users
of
said
district,
which
1
shall
be
held
in
the
district
or
at
some
a
location
convenient
to
the
water
2
users
of
the
district,
finds
such
charge
to
be
true,
and
the
director
may
ap
-
3
point
a
successor
for
the
unexpired
term.
4
(10)
Before
entering
upon
undertaking
the
duties
of
the
watermaster's
5
office,
said
watermaster
shall
take
and
subscribe
to
an
oath
before
some
an
6
officer
authorized
by
the
laws
of
the
state
to
administer
oaths
,
to
faith
-
7
fully
perform
the
duties
of
the
watermaster's
office,
as
provided
in
section
8
42
-
607,
Idaho
Code,
and
shall
file
that
oath
with
the
department
of
water
re
-
9
sources.
Upon
appointment
by
the
director,
the
actions
taken
by
a
watermas
-
10
ter
in
fulfillment
of
the
duties
of
the
office
are
covered
by
the
state
group
1
1
surety
bond
as
provided
by
sections
59
-
801
through
59
-
804,
Idaho
Code.
A
12
duly
appointed
watermaster
that
who
is
reelected
in
consecutive
years
shall
13
not
be
required
to
take
and
file
additional
oaths
with
the
department
of
wa
-
14
ter
resources
for
each
consecutive
year
the
watermaster
is
reelected.
If
a
15
duly
elected
or
appointed
watermaster
resigns,
dies
,
or
is
physically
un
-
16
able
to
perform
the
duties
of
the
office
during
the
remainder
of
the
elected
17
or
appointed
watermaster
term
of
service,
then
the
director
is
authorized
to
18
appoint
a
successor
for
the
unexpired
term
as
provided
in
paragraphs
(a)
and
19
(b)
of
this
subsection.
20
(a)
If
a
water
district
advisory
committee
has
been
chosen
as
provided
21
in
subsection
(6)
of
this
section,
the
water
district
advisory
commit
-
22
tee
shall
meet
to
either
nominate
a
successor
watermaster
or
request
a
23
special
meeting
as
provided
in
subsection
(11)
of
this
section
to
elect
24
a
new
watermaster.
Upon
receipt
of
a
nomination
from
a
majority
of
the
25
members
of
the
water
district
advisory
committee,
the
director
is
au
-
26
thorized
to
appoint
the
nominated
successor
watermaster
for
the
unex
-
27
pired
term.
28
(b)
If
a
water
district
advisory
committee
has
not
been
chosen,
the
29
director
of
the
department
of
water
resources
is
authorized
to
appoint
30
a
temporary
successor
watermaster.
The
temporary
appointment
extends
31
through
the
unexpired
term
unless
a
special
meeting
is
requested
as
32
provided
in
subsection
(11)
of
this
section
and
water
users
elect
a
new
33
watermaster.
34
(11)
The
director
shall
call
a
special
meeting
of
the
water
district
35
upon
receipt
of
a
written
request
for
such
meeting
from
a
majority
of
the
mem
-
36
bers
of
the
advisory
committee
for
a
district,
a
written
request
from
water
37
users
representing
thirty
percent
(30%)
or
more
of
the
votes
cast
at
the
last
38
regular
annual
meeting,
a
written
request
from
the
watermaster,
or
on
the
39
director's
own
motion
if
the
director
determines
a
meeting
is
necessary
to
40
address
matters
that
cannot
be
delayed
until
the
next
regular
annual
meet
-
41
ing.
Notice
of
the
time,
place
,
and
purpose
of
the
special
meeting
shall
be
42
given
by
the
director
in
the
manner
provided
in
subsection
(2)
of
this
sec
-
43
tion,
provided
however,
that
a
special
meeting
notice
shall
be
sent
at
least
44
fourteen
(14)
days
prior
to
the
meeting
date.
45
(12)
The
water
users
may,
by
resolution,
authorize
the
watermaster
to
46
acquire,
hold
,
and
dispose
of
such
real
and
personal
property,
equipment
,
47
and
facilities
in
the
name
of
the
water
district
as
necessary
for
the
proper
48
distribution
of
water,
administration
of
the
water
district
,
and
enhance
-
49
ment
of
water
supplies
and
shall
provide
that
all
such
real
and
personal
50
5
property
shall
remain
in
the
custody
of
the
watermaster
and
the
watermas
-
1
ter's
successor.
2
(13)
The
water
users
may,
by
resolution,
authorize
the
watermaster
to
3
develop,
coordinate
or
provide,
through
contract
or
by
other
means,
for
4
weather
modification
projects
involving
cloud
seeding
that
are
designed
to
5
increase
the
water
supplies
of
the
water
district
by
enhancing
natural
pre
-
6
cipitation
and
which
conform
to
state
water
planning
objectives.
7
SECTION
4.
That
Section
42
-
1805,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
42
-
1805.
ADDITIONAL
DUTIES.
In
addition
to
other
duties
prescribed
by
10
law,
the
director
of
the
department
of
water
resources
shall
have
the
follow
-
1
1
ing
powers
and
duties:
12
(1)
To
represent
the
state
in
all
matters
pertaining
to
interstate
and
13
international
water
rights
affecting
Idaho
water
resources;
and
to
cooper
-
14
ate
with
all
agencies,
now
existing
or
hereafter
to
be
formed,
within
the
15
state
or
within
other
jurisdictions,
in
matters
affecting
the
development
of
16
the
water
resources
of
this
state.
17
(2)
To
prepare
a
present
and
continuing
inventory
of
the
water
re
-
18
sources
of
this
state,
ascertain
means
and
methods
of
conserving
and
19
augmenting
these
and
determine
as
accurately
as
possible
the
most
effective
20
means
by
which
these
water
resources
may
be
applied
for
the
benefit
of
the
21
people
of
this
state.
22
(3)
To
conduct
surveys,
tests,
investigations,
research,
examina
-
23
tions,
studies,
and
estimates
of
cost
relating
to
availability
of
unappro
-
24
priated
water,
effective
use
of
existing
supply,
conservation,
storage,
25
distribution
,
and
use
of
water.
26
(4)
To
prepare
and
compile
information
and
data
obtained
and
to
make
the
27
same
available
to
interested
individuals
or
agencies.
28
(5)
To
cooperate
with
and
coordinate
activities
with
the
director
of
29
the
department
of
environmental
quality
as
such
activities
relate
to
the
30
functions
of
either
or
both
departments
concerning
water
quality.
Such
co
-
31
operation
and
coordination
shall
specifically
require
that:
32
(a)
The
director
meet
at
least
quarterly
with
the
director
of
the
de
-
33
partment
of
environmental
quality
and
his
staff
to
discuss
water
qual
-
34
ity
programs.
A
copy
of
the
minutes
of
such
meeting
shall
be
transmitted
35
to
the
governor.
36
(b)
The
director
transmit
to
the
director
of
the
department
of
envi
-
37
ronmental
quality
reports
and
information
prepared
by
him
pertaining
to
38
water
quality
programs
and
proposed
rules
pertaining
to
water
quality
39
programs.
40
(c)
The
director
shall
make
available
to
the
director
of
the
department
41
of
environmental
quality
and
the
director
of
the
department
of
envi
-
42
ronmental
quality
shall
make
available
to
the
director
all
notices
of
43
hearings
relating
to
the
promulgation
of
rules
relating
to
water
qual
-
44
ity,
waste
discharge
permits,
and
stream
channel
alteration,
as
such
45
directly
affect
water
quality,
and
notices
of
any
other
hearings
and
46
meetings
which
that
relate
to
water
quality.
47
6
(6)
To
perform
administrative
duties
and
such
other
functions
as
the
1
board
may,
from
time
to
time,
assign
to
the
director
to
enable
the
board
to
2
carry
out
its
powers
and
duties.
3
(7)
After
notice,
to
suspend
the
issuance
or
further
action
on
permits
4
or
applications,
including
permits
or
applications
for
domestic
purposes
or
5
uses
as
defined
in
section
42
-
111,
Idaho
Code,
required
pursuant
to
section
6
42
-
227,
Idaho
Code,
as
necessary
to
protect
existing
vested
water
rights
or
7
to
ensure
compliance
with
the
provisions
of
chapter
2,
title
42,
Idaho
Code,
8
or
to
prevent
violation
of
minimum
flow
provisions
of
the
state
water
plan.
9
(8)
To
promulgate,
adopt,
modify,
repeal
,
and
enforce
rules
implement
-
10
ing
or
effectuating
the
powers
and
duties
of
the
department.
1
1
(9)
To
seek
a
preliminary
or
permanent
injunction,
or
both,
or
a
tempo
-
12
rary
restraining
order
restraining
any
person
from
violating
or
attempting
13
to
violate:
14
(a)
Those
provisions
of
law
relating
to
all
aspects
of
the
appropria
-
15
tion
of
water,
distribution
of
water,
headgates
,
and
measuring
devices;
16
or
17
(b)
The
administrative
or
judicial
orders
entered
in
accordance
with
18
the
provisions
of
law.
19
(10)
To
develop,
coordinate
and
provide,
through
contract
or
by
other
20
means,
for
weather
modification
projects
involving
cloud
seeding
that
are
21
designed
to
increase
the
water
supplies
of
the
state
by
enhancing
natural
22
precipitation
and
that
conform
to
state
water
planning
objectives.
To
ac
-
23
complish
these
purposes,
the
director
is
authorized
to
accept
and
use
funds
24
acquired
through
legislative
appropriation
or
by
gift,
grant,
contribution
25
or
funding
received
from
any
private
or
public
individual
or
entity.
All
26
funds
accepted
under
this
provision
shall
be
transmitted
to
the
state
trea
-
27
surer
for
deposit
in
the
water
administration
account
and
shall
be
reserved
28
and
made
available
until
expended
as
ordered
by
the
director
for
weather
mod
-
29
ification
purposes
determined
by
the
director
to
be
beneficial.
30
(11)
To
develop
and
implement
a
plan
for
data
gathering
to
determine
any
31
effect
of
the
weather
modification
efforts
in
which
the
department
is
in
-
32
volved.
33
(12)
(10)
To
receive,
file,
record,
or
retain
documents
of
record
on
me
-
34
dia
other
than
paper.
35
SECTION
5.
That
Section
46
-
1015
,
Idaho
Code,
be,
and
the
same
is
hereby
36
repealed.
37
SECTION
6.
An
emergency
existing
therefor,
which
emergency
is
hereby
38
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
39
passage
and
approval.
40