History: L. 1974, ch. 321, § 1; July 1.
(a) "Authority" means the Kansas water authority;
(b) "Director" means the director of the Kansas water office.
(c) "Naturally" means arising from a phenomenon of nature.
(d) "Operational program" means weather modification activity conducted to increase rainfall or suppress hail damage whether such activity is conducted not-for-profit, for profit or purely for research.
(e) "Person" means and includes a natural person, a partnership, an organization, a corporation, a municipality and any department or agency of the state.
(f) "Research and development operation" or "research and development project" means an operation which is conducted solely to advance scientific and technical knowledge.
(g) "Weather modification activity" means any operation or experimental process which has as its objective inducing change, by artificial means, in the composition, behavior, or dynamics of clouds and the atmosphere.
History: L. 1974, ch. 321, § 2; L. 1986, ch. 397, § 1; L. 1995, ch. 138, § 1; July 1.
History: L. 1974, ch. 321, § 3; L. 1995, ch. 138, § 2; July 1.
History: L. 1974, ch. 321, § 4; Repealed, L. 1984, ch. 1, § 5; July 1.
(b) At the direction of the authority, the director may issue a permit for each specific weather modification project or program, which may be comprised of one or more weather modification activities. Every such permit shall describe:
(1) The geographic area within which such activities are to be carried out;
(2) the geographic area to be affected; and
(3) the duration of the weather modification activities of the project or program, which period may be noncontinuous but which may not have a total duration exceeding one calendar year from the day of its issuance.
The director shall issue a permit only after it has been established that the project or program, as conceived, will provide substantial benefits or that it will advance scientific knowledge.
(c) The director shall make any studies or investigations, obtain any information and hold any hearings that the director considers necessary or proper to assist in exercising the powers or administering or enforcing the provisions of this act.
The hearings shall be conducted under the provisions and within any limitations of rules and regulations adopted by the authority.
(d) In order to assist in expanding the theoretical and practical knowledge of weather modification, the authority, to the extent that funds are available therefor, may cooperate with, support, participate in and promote research, development and operational programs in:
(1) The theory and development of weather modification, including those aspects relating to procedures, materials, ecological effects and the attendant legal and social problems;
(2) the utilization of weather modification for domestic, municipal, agricultural, industrial, recreational and other beneficial purposes; and
(3) the protection of life, health, property and the general environment.
(e) Subject to any limitations imposed by law, to further the purposes of this act, the authority may utilize available funds from the state and may accept federal grants, private gifts and donations from any source. Except as otherwise provided by law, the authority may use any such moneys:
(1) For the administration of this act;
(2) to encourage research and development projects by public or private agencies through grants, contracts or cooperative arrangements;
(3) to contract for and support local efforts in weather modification activities to seek relief from or to avoid droughts, hail, storms, fires, fog or other naturally undesirable conditions.
(f) Under the direction of the authority, the director shall represent the state in matters pertaining to plans, procedures, or negotiations for cooperative agreements, or intergovernmental arrangements relating to weather modification.
History: L. 1974, ch. 321, § 5; L. 1984, ch. 1, § 4; L. 1995, ch. 138, § 3; L. 2004, ch. 145, § 45; July 1, 2005.
(b) The authority, to the extent it considers exemptions appropriate and desirable, may exempt the following weather modification activities from the fee requirements of this act:
(1) Research and development operations and experiments conducted by or under authority of any state or federal department or agency, state institution of higher education or nonprofit research organization;
(2) laboratory research and experiments; and
(3) activities of an emergency nature for protection of public health, safety, and welfare including but not limited to fire, frost, hail, sleet, smog, fog and drought.
History: L. 1974, ch. 321, § 6; L. 1995, ch. 138, § 4; July 1.
(a) Applies in writing to the director in such form as the director requires;
(b) pays the license fee, if applicable; and
(c) meets at least one of the following requirements:
(1) The applicant demonstrates that the applicant (or the applicant's official representative) has had at least eight years of professional experience in weather modification field research or activities and has served for at least three years as a project director of weather modification activities; or
(2) the applicant demonstrates that the applicant (or the applicant's official representative) has obtained a baccalaureate degree from a recognized institution of higher learning in meteorology, engineering, mathematics or the physical sciences and: (A) Has had at least three seasons of experience in weather modification field research or activities; (B) has satisfactorily completed the equivalent of at least 25 semester hours of meteorological studies and has had at least two seasons of practical experience in weather modification field research or activities; or (C) is certified by the weather modification association.
History: L. 1974, ch. 321, § 7; L. 1995, ch. 138, § 5; July 1.
Subject to the limitations of this act, any person licensed under the provisions of this act may, on or before January 1, each year, renew the person's license by payment to the director of an annual fee of $100. The director shall remit all moneys received pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1974, ch. 321, § 8; L. 1995, ch. 138, § 6; L. 2001, ch. 5, § 479; July 1.
History: L. 1974, ch. 321, § 9; L. 1984, ch. 313, § 151; L. 1995, ch. 138, § 7; July 1.
History: L. 1974, ch. 321, § 10; L. 1984, ch. 313, § 152; July 1, 1985.
(1) Applies in writing to the director for a permit in such form as the director shall require;
(2) holds a valid weather modification license issued under this act;
(3) pays the permit fee, if applicable;
(4) files with the director proof of ability to respond in damages for liability on account of accidents arising out of any weather modification activities to be conducted by the licensee in the following amounts or in such greater amounts as the director requires upon determining that the circumstances of the particular weather modification project or program require proof of additional financial responsibility: (A) Not less than $50,000 because of bodily injury to or death of one person resulting from any one accident; (B) subject to the limit for one person, not less than $100,000 because of bodily injury to or death of two or more persons resulting from any one accident; and (C) not less than $100,000 because of injury to or destruction of the property of others resulting from any one accident. Municipalities and departments or agencies of the state shall be exempt from the requirements of this paragraph. Proof of financial responsibility required hereunder may be given by a certificate of insurance or a bond or a certificate of deposit of money;
(5) submits a complete and satisfactory operational plan for the proposed weather modification project or program which includes a map of the proposed operating area which specifies the primary target area and shows the area reasonably expected to be affected, the name and address of the licensee, the nature and object of the intended weather modification activities, the person or organization on whose behalf it is to be conducted, a statement explaining any expected effect upon the environment, the methods that will be used in determining and evaluating the proposed weather modification project or program, and such other information as may be required by the director;
(6) meets the preceding requirements for a permit and before beginning operations under the proposed weather modification project or program, publishes a notice of intent to engage in weather modification activities in a newspaper of general circulation in the county or counties to be affected by the proposed project or program. The published notice shall designate the primary target area and indicate the general area which might be affected. It shall also indicate the expected duration and intended effect and state that complete details are available on request from the licensee or the director; and
(7) furnishes to the director proof of the publication of the notice required by the foregoing provision.
(b) Before a permit for a weather modification project or program is issued, the director or a hearing officer appointed by the director may hold a public hearing on the proposed weather modification project or program in a place or places within a reasonable proximity of the area expected to be affected by the proposed weather modification activities. The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Unless deemed necessary by the director, no hearing shall be required for the renewal of a permit for a previously approved weather modification project or program.
(c) No permit may be issued unless the director determines, based on the information provided in the operational plan for the proposed weather modification project or program and on the testimony and information provided at the public hearing, that:
(1) The proposed weather modification activities are designed to provide, and are reasonably expected to provide, an economic benefit to the people of the area in which the operation will be conducted, or will benefit the people of the state of Kansas, and is scientifically and technically feasible;
(2) if the project or program is a scientific or research project or program, the proposed weather modification activities offer promise of expanding the knowledge and the technology of weather modification;
(3) the project or program includes adequate safeguards for the protection of property, health, safety and welfare; and
(4) the project or program is designed to minimize risk and maximize scientific gains or economic benefits to the people of the state.
(d) The operational plan for the proposed project or program shall be placed on file with the director and will be available for public inspection during regular office hours.
History: L. 1974, ch. 321, § 11; L. 1984, ch. 313, § 153; L. 1986, ch. 397, § 2; L. 1995, ch. 138, § 8; July 1.
History: L. 1974, ch. 321, § 12; July 1.
History: L. 1974, ch. 321, § 13; L. 1995, ch. 138, § 9; L. 2001, ch. 5, § 480; July 1.
(b) The director may grant a weather modification permit on an emergency basis without prior publication of any required notice in instances of fire, frost, hail, sleet, smog, fog, drought or other natural cause creating an emergency condition. In such situations, publication of notice shall be made as soon as possible but shall not be subject to the time limits specified elsewhere in this act.
History: L. 1974, ch. 321, § 14; L. 1995, ch. 138, § 10; July 1.
(b) Upon ordering revision, suspension or modification under this section in an emergency administrative proceeding under the Kansas administrative procedure act, the director shall conduct a hearing on the question of permanently revising, suspending, or modifying the terms and conditions of the permit within 10 days after entry of the order.
(c) It shall be the responsibility of the licensee conducting any weather modification activity to notify the director of any emergency that the licensee could be expected to reasonably foresee, including any existing emergency that might be grounds for revision, suspension or modification under this section in an emergency administrative proceeding and that might in any way be caused or affected by weather modification activities. Failure by the licensee to so notify the director of any such existing emergency, or any impending emergency that the licensee should have reasonably foreseen, may be grounds for revocation of the permit and the operator's license.
History: L. 1974, ch. 321, § 15; L. 1984, ch. 313, § 154; July 1, 1985.
History: L. 1974, ch. 321, § 16; L. 1995, ch. 138, § 11; July 1.
(b) The licensee shall file, on a form prescribed by the director, an annual report of the methods employed, the type of equipment used, the kind and amount of each material used, the times and places the equipment was operated, the name and address of each individual other than the licensee who participated or assisted in the activities, any environmental effects that have or are believed to have occurred and any other data that the director requires.
History: L. 1974, ch. 321, § 17; L. 1995, ch. 138, § 12; July 1.
(b) At the direction of the authority, the director may refuse to renew the license of, or to issue another permit to, any applicant who has failed to comply with any provision of this act.
History: L. 1974, ch. 321, § 18; L. 1984, ch. 313, § 155; L. 1995, ch. 138, § 13; July 1.
(b) Hearings under this section shall be conducted by the authority or the director in the manner provided for in K.S.A. 82a-1409 and amendments thereto.
History: L. 1974, ch. 321, § 19; L. 1995, ch. 138, § 14; July 1.
History: L. 1974, ch. 321, § 20; July 1.
History: L. 1974, ch. 321, § 21; July 1.
History: L. 1974, ch. 321, § 22; July 1.
History: L. 1974, ch. 321, § 23; July 1.
History: L. 1974, ch. 321, § 24; July 1.
(b) The board of county commissioners may expend any other funds of the county available for any such purpose and, in addition, receive and expend any and all funds which may be offered or become available for any such purpose.
History: L. 1976, ch. 114, § 1; L. 1979, ch. 52, § 200; L. 1981, ch. 173, § 84; L. 1990, ch. 66, § 59; L. 1995, ch. 138, § 15; July 1.