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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1269
BY
RESOURCES
AND
ENVIRONMENT
COMMITTEE
AN
ACT
1
RELATING
TO
CLOUD
SEEDING;
AMENDING
SECTION
42
-
4301,
IDAHO
CODE,
TO
REVISE
2
PROVISIONS
REGARDING
CLOUD
SEEDING;
AMENDING
CHAPTER
43,
TITLE
42,
3
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
42
-
4302,
IDAHO
CODE,
TO
DE
-
4
FINE
TERMS;
AMENDING
CHAPTER
43,
TITLE
42,
IDAHO
CODE,
BY
THE
ADDITION
5
OF
A
NEW
SECTION
42
-
4303,
IDAHO
CODE,
TO
ESTABLISH
AUTHORIZATION
AND
6
REPORTING
REQUIREMENTS;
AMENDING
CHAPTER
43,
TITLE
42,
IDAHO
CODE,
BY
7
THE
ADDITION
OF
A
NEW
SECTION
42
-
4304,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
USE
8
OF
STATE
FUNDS
AND
LIABILITY;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
9
AN
EFFECTIVE
DATE.
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
amended
to
read
as
follows:
13
42
-
4301.
CLOUD
SEEDING
-
-
LEGISLATIVE
FINDINGS
.
(1)
The
legislature
14
finds
that:
15
(a)
Idaho's
economy
and
the
welfare
of
its
citizens
depend
upon
a
reli
-
16
able
and
sustainable
water
supply.
It
is
essential,
therefore,
that
the
17
state
continues
to
identify,
develop,
and
implement
projects
that
aug
-
18
ment
and
sustain
the
state's
water
resources.
19
(b)
The
cloud
seeding
program
developed
and
implemented
by
the
Idaho
20
water
resource
board,
in
cooperation
with
interested
stakeholders,
21
presents
a
unique
and
innovative
opportunity
to
augment
and
sustain
the
22
water
resources
of
the
state.
23
(c)
Augmenting
water
supplies
through
cloud
seeding
is
in
the
public
24
interest.
Public
benefits
of
cloud
seeding
include
drought
mitigation,
25
protection
of
water
rights,
protection
of
municipal
and
business
ac
-
26
tivities
dependent
on
water,
water
quality,
recreation,
and
fish
and
27
wildlife.
28
(d)
Data
accumulated
and
analysis
undertaken
since
the
initiation
of
29
the
cloud
seeding
program
demonstrates
that
cloud
seeding
has
resulted
30
in
an
annual
increase
in
the
water
supplies
in
the
basins
in
which
cloud
31
seeding
has
been
performed.
However,
additional
research
and
analy
-
32
sis
is
necessary
to
determine
the
precise
nature
and
extent
of
those
in
-
33
creases.
The
legislature
recommends
that
such
research
be
continued
as
34
the
cloud
seeding
program
progresses
and
that
annual
reports
on
such
re
-
35
search
be
provided
to
the
legislature.
36
(e)
(2)
The
legislature
recognizes
that
expansion
of
the
cloud
seeding
37
program
may
benefit
basins
throughout
the
state
that
experience
depleted
or
38
insufficient
water
supplies,
and
the
legislature
recommends
that
the
wa
-
39
ter
resource
board
complete
an
assessment
of
basins
and
work
with
affected
40
stakeholders
to
implement
the
cloud
seeding
program
in
basins
that
would
41
benefit
from
the
program.
42
2
(2)
As
used
in
this
chapter,
"cloud
seeding"
means
all
acts
undertaken
1
to
artificially
distribute
or
create
nuclei
in
cloud
masses
for
the
purposes
2
of
inducing
precipitation,
cloud
forms,
or
other
meteorological
parameters.
3
Cloud
seeding
for
the
suppression
of
fog
and
frost
prevention
measures
for
4
the
protection
of
orchards
and
crops
are
excluded
from
the
coverage
of
this
5
chapter.
6
(3)
The
water
resource
board
shall
authorize,
and
may
sponsor
or
de
-
7
velop,
local
or
statewide
cloud
seeding
programs
and
may
contract
any
indi
-
8
vidual
or
organization
for
consultation
and
assistance
in
developing
cloud
9
seeding
programs
or
in
furthering
research
related
to
cloud
seeding.
10
(4)
State
funds
may
be
used
or
expended
on
cloud
seeding
programs
only
1
1
in
basins
where
the
water
resource
board
finds
that
existing
water
supplies
12
are
not
sufficient
to
support
existing
water
rights,
water
quality,
recre
-
13
ation,
or
fish
and
wildlife
uses
dependent
on
those
water
supplies.
Water
14
generated
through
cloud
seeding
shall
be
distributed
in
accordance
with
the
15
prior
appropriation
doctrine.
16
(5)
The
act
of
cloud
seeding
pursuant
to
a
project
funded
in
whole
or
17
in
part
by
the
state
of
Idaho
or
authorized
by
the
state
water
resource
board
18
shall
not
be
the
basis
of
any
claim
of
liability,
including
but
not
limited
19
to
trespass
or
public
or
private
nuisance,
and
shall
not
require
any
state
or
20
local
permits.
21
(3)
Nothing
in
this
chapter
shall
be
construed
to
affect
any
permitting
22
or
reporting
requirements
that
may
exist
pursuant
to
federal
law
or
regula
-
23
tion.
24
SECTION
2.
That
Chapter
43,
Title
42,
Idaho
Code,
be,
and
the
same
is
25
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
26
ignated
as
Section
42
-
4302,
Idaho
Code,
and
to
read
as
follows:
27
42
-
4302.
DEFINITIONS.
As
used
in
this
chapter:
28
(1)
"Board"
means
the
Idaho
water
resource
board.
29
(2)
"Cloud
seeding"
means
all
acts
undertaken
to
artificially
distrib
-
30
ute
or
create
nuclei
in
cloud
masses
for
the
purposes
of
inducing
precipi
-
31
tation,
cloud
forms,
or
other
meteorological
parameters.
Cloud
seeding
for
32
the
suppression
of
fog
and
frost
prevention
measures
for
the
protection
of
33
orchards
and
crops
are
excluded
from
the
coverage
of
this
chapter.
34
(3)
"Methods
used
for
cloud
seeding"
means
methods
to
distribute
or
35
create
nuclei
in
cloud
masses,
including
ground
generators,
airplanes,
36
drones,
or
other
application
methods.
37
(4)
"Operational
period"
means
the
dates
during
which
cloud
seeding
38
activities
are
authorized
and
conducted
within
a
defined
basin
or
project
39
area,
as
approved
by
the
board,
typically
October
1
through
April
30.
40
SECTION
3.
That
Chapter
43,
Title
42,
Idaho
Code,
be,
and
the
same
is
41
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
42
ignated
as
Section
42
-
4303,
Idaho
Code,
and
to
read
as
follows:
43
42
-
4303.
AUTHORIZATION
AND
REPORTING
REQUIREMENTS.
(1)
The
board
44
shall
authorize,
and
may
sponsor
or
develop,
local
or
statewide
cloud
seed
-
45
ing
programs.
The
board
may
contract
any
individual
or
organization
for
46
3
consultation
and
assistance
in
developing
cloud
seeding
programs
or
in
fur
-
1
thering
research
related
to
cloud
seeding.
2
(2)
The
board
shall
conduct
public
meetings,
in
accordance
with
chapter
3
2,
title
74,
Idaho
Code,
when
discussing
or
acting
on
cloud
seeding
programs
4
in
Idaho.
Such
meetings
shall
include
an
opportunity
for
written
and
oral
5
public
comment.
6
(3)
The
board
shall
compile
and
publish
an
annual
report
detailing:
7
(a)
Operational
data,
including
dates,
locations,
and
methods
used
for
8
cloud
seeding
operations
conducted
during
the
reporting
period;
9
(b)
The
state
of
the
science,
including
Idaho
-
specific
analysis,
as
10
it
relates
to
water,
soil,
or
air
quality,
and
other
environmental
im
-
1
1
pacts,
including
cumulative
impacts,
associated
with
cloud
seeding
ac
-
12
tivities;
13
(c)
Public
meetings
related
to
cloud
seeding
and
associated
documen
-
14
tation,
including
public
comments
or
other
feedback
received
regarding
15
cloud
seeding
operations;
and
16
(d)
The
effectiveness
of
outcomes
achieved,
such
as
increases
in
snow
-
17
pack
due
to
cloud
seeding.
18
(4)
During
the
operational
period,
each
operator
shall
submit
a
monthly
19
report
on
cloud
seeding
operations
to
the
board.
The
report
shall
include:
20
(a)
Locations
of
ground
generators;
21
(b)
Flight
paths;
22
(c)
Amount
and
type
of
cloud
seeding
activities
that
occurred;
23
(d)
Amount
and
type
of
seeding
materials
used;
24
(e)
Any
suspension
periods;
and
25
(f)
Methods
of
operation.
26
(5)
Any
individual,
organization,
or
entity
that
independently
con
-
27
ducts
cloud
seeding
operations
within
the
state
of
Idaho
shall
adhere
to
the
28
requirements
and
conditions
of
the
authorization
issued
by
the
board.
29
(6)
Water
generated
through
cloud
seeding
shall
be
distributed
in
ac
-
30
cordance
with
the
prior
appropriation
doctrine.
31
(7)
Cloud
seeding
conducted
to
enhance
rainfall,
mitigate
hail,
dis
-
32
perse
fog,
or
prevent
frost
is
excluded
from
the
provisions
of
this
chapter.
33
(8)
Failure
to
comply
with
the
reporting
or
disclosure
requirements,
34
as
provided
by
this
chapter,
shall
result
in
suspension
of
authorization
for
35
cloud
seeding
activities
until
compliance
is
achieved,
as
determined
by
the
36
board.
37
SECTION
4.
That
Chapter
43,
Title
42,
Idaho
Code,
be,
and
the
same
is
38
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
39
ignated
as
Section
42
-
4304,
Idaho
Code,
and
to
read
as
follows:
40
42
-
4304.
USE
OF
STATE
FUNDS
-
-
LIABILITY.
(1)
State
funds
may
be
used
41
or
expended
on
cloud
seeding
programs
only
in
basins
where
the
board
finds
42
that
existing
water
supplies
are
not
sufficient
to
support
existing
water
43
rights,
water
quality,
recreation,
or
fish
and
wildlife
uses
dependent
on
44
those
water
supplies.
45
(2)
The
act
of
cloud
seeding
pursuant
to
a
project
funded
in
whole
or
in
46
part
by
the
state
of
Idaho
or
authorized
by
the
board
shall:
47
4
(a)
Not
be
the
basis
of
any
claim
of
liability,
including
trespass
or
1
public
or
private
nuisance,
except
when
such
claims
arise
from
acts
of
2
gross
negligence
or
willful
misconduct;
and
3
(b)
Not
require
any
state
or
local
permits.
4
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
5
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
6
July
1,
2026.
7