Oregon Revised Statutes

Chapter 558 — Weather Modification

77 sections

558.010 Definitions for ORS 558.010 to 558.140

As used in ORS 558.010 to 558.140: “Department” means the State Department of Agriculture. “Person” includes any public or private corporation.

558.020 Purpose of ORS 558.010 to 558.140

The purpose of ORS 558.010 to 558.140 is to promote the public health, safety and welfare by providing for the licensing, regulation and control of interference by artificial means with the natural precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere.

558.030 Artificial weather modification prohibited without license

No person, without securing a license from the State Department of Agriculture, shall cause or attempt to cause by artificial means condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere, or shall prevent or attempt to prevent by artificial means the natural condensation or precipitation of rain, snow, ha…

558.040 Application for license; fee

Any person desiring to do any of the acts specified in ORS 558.030 shall file with the State Department of Agriculture an application for a license on a form to be supplied by the department for such purpose setting forth all of the following: The name and post-office address of the applicant. The education, experience and qualifications of the applicant, …

558.050 Proof of financial responsibility

No license shall be issued to any person until the person has filed with the State Department of Agriculture proof of ability to respond in damages for liability on account of accidents arising out of the weather modification operations to be conducted by the person in the amount of $100,000 because of bodily injury to or death of one person resulting from a…

558.052 Requirements for bonds used to meet financial responsibility

A bond used to comply with financial responsibility requirements under ORS 558.050 must meet all of the following requirements: The bond must be in the amount required by ORS 558.050. The bond must be approved by a judge of a court of record in this state. The bond must contain a provision that it cannot be canceled except upon the giving of 10 days’ prio…

558.053 Judgment against principal on bond; action against surety; satisfaction

If a judgment rendered against the principal on a bond described under ORS 558.052 is not settled within 60 days after it has become final, a judgment creditor, for the judgment creditor’s own use and benefit and at the judgment creditor’s sole expense, may bring an action against any surety on the bond. An action brought under this section must be brought i…

558.054 Deposit of cash or other security to meet financial responsibility; rules; use of deposit

A person may satisfy the financial responsibility requirements of ORS 558.050 by depositing with the State Department of Agriculture the following: Cash; Legally issued general obligations of the United States, the agencies and instrumentalities of the United States and the States of Oregon, Washington, Idaho and California; Certificates of deposit or oth…

558.055 Hearing on application for license

Upon receipt of an application for a license, the State Department of Agriculture shall fix the time and place for a public hearing on the application. Such hearing shall be held in the county seat of any county in which the proposed operation will be conducted. The department shall notify the applicant of the time and place of hearing in sufficient time for…

558.060 Issuance of license; conditions; licensee’s authority; use of materials other than described in license; renewal; fee

The State Department of Agriculture shall act within 30 days, but shall only issue the license upon finding that: The applicant is qualified to undertake the weather modification operation proposed in the application; The production, management or conservation of water or energy resources or agricultural or forest crops could be benefited by the proposed w…

558.065 [1965 c.336 §2; repealed by 1967 c.225 §1 (558.066 enacted in lieu of 558.065)]

558.066 Governmental entities conducting weather modification at airport; exemption

The State of Oregon or its agencies, counties, cities, public corporations or political subdivisions thereof or any person engaged by any of them for the purpose of removing or dispersing fog, or carrying out or performing any other weather modification at an airport owned or operated by the State of Oregon or its agencies, counties, cities, public corporati…

558.070 [1953 c.654 §6; repealed by 1975 c.420 §12]

558.080 Contents of hearing notice

The notice of hearing shall set forth all of the following: The name and post-office address of the applicant. The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant. The nature and object of the weather modification operation which applicant proposes to conduct, inc…

558.090 Publication of notice of hearing

The applicant shall cause the notice of hearing to be published at least once a week for two consecutive weeks in a newspaper having a general circulation and published within the county wherein the proposed operation is to be conducted and in which the affected area is located, or if the proposed operation is to be conducted in more than one county or if th…

558.100 Proof of publication

Proof of publication shall be filed by the applicant with the State Department of Agriculture at the time of the hearing. Proof of publication shall be by copy of the notice as published, attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice.

558.110 Records and reports of operations; public examination

Each licensee shall keep and maintain a record of all operations conducted by the licensee pursuant to the license showing the method employed, the type of equipment, the type and composition of the materials used, the times and places of operation of the equipment, the name and post-office address of each person participating or assisting in the operation o…

558.120 Emergency licenses

Notwithstanding any provision of ORS 558.010 to 558.140 to the contrary, the State Department of Agriculture may grant a license permitting a weather modification operation without compliance by the licensee with the provisions of ORS 558.055 and 558.080 to 558.100, if the operation appears to the department to be necessary or desirable in aid of the extingu…

558.130 [1953 c.654 §12; repealed by 1975 c.420 §12]

558.135 Revocation, suspension, refusal to issue or renew license; procedure

Where the State Department of Agriculture proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183. Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183.

558.140 Appropriation for administration and enforcement

All moneys received by the State Department of Agriculture under ORS 558.010 to 558.140, in addition to any other appropriation of funds available for the administration of ORS 558.010 to 558.140, hereby are continuously appropriated to the department for the purpose of defraying the costs and expenses incurred in the administration and enforcement of ORS 55…

558.200 Definition of “county court.”

As used in ORS 558.200 to 558.440, “county court” includes board of county commissioners.

558.203 Application of election laws

ORS chapter 255 governs the following: The nomination and election of commissioners. The conduct of district elections. The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205.

558.205 [1969 c.698 §35; 1975 c.647 §47; repealed by 1983 c.350 §331a]

(Incorporation)

558.210 Incorporation for weather modification; limitations as to area

Any designated area within a county bordering the Columbia River and having a population of less than 21,000, according to the latest federal decennial census, or within two or more of such counties, may be incorporated as a weather modification district for the purpose of: Causing or attempting to cause by artificial means condensation or precipitation of …

558.215 [1969 c.698 §4; repealed by 1971 c.727 §203]

558.220 [1969 c.698 §17; repealed by 1971 c.727 §203]

558.225 [1969 c.698 §5; repealed by 1971 c.727 §203]

558.230 [1969 c.698 §6a; repealed by 1971 c.727 §203]

558.235 Treatment of forestlands as benefited property

Forestlands within a forest protection district as defined in ORS chapter 477, shall not be considered benefited property and shall not be included in a weather modification district unless the owner of the forestlands petitions the county court having jurisdiction of the formation proceedings to have the lands of the owner included.

558.240 [1969 c.698 §20; repealed by 1971 c.727 §203]

558.245 [1969 c.698 §7; 1971 c.727 §175; repealed by 1983 c.350 §331a]

558.250 [1969 c.698 §8; repealed by 1971 c.647 §149]

558.255 [1969 c.698 §9; 1971 c.647 §125; repealed by 1983 c.350 §331a]

558.260 [1969 c.698 §§10,11,12,16; repealed by 1971 c.647 §149]

558.265 [1969 c.698 §13; repealed by 1971 c.727 §203]

558.270 [1969 c.698 §14; repealed by 1983 c.350 §331a]

558.275 [1969 c.698 §15; repealed by 1971 c.727 §203]

(Powers of District)

558.300 General powers of district

After the date of formation, a district shall make all contracts, hold and receive and dispose of real and personal property within and without its described boundaries and do all other acts and things which may be requisite, necessary or convenient in carrying out the objects of the district or exercising the powers conferred upon it as in ORS 558.200 to 55…

558.310 Limitation on right to own or operate equipment

No weather modification district shall own or operate airplanes, chemicals or other equipment or appliances for weather modification activities, but must when conducting weather modification activities hire a person licensed under the provisions of ORS 558.010 to 558.140.

558.315 Rules

Any weather modification district may adopt and promulgate rules and regulations concerning the use of the property of the district.

558.320 Duty to carry liability insurance

A weather modification district shall obtain not later than the 60th day after the date of the election forming such district and before beginning any weather modification activities liability insurance coverage of not less than $500,000 bodily injury and $500,000 property damage, to reimburse persons for damages arising from weather modification activities.

558.325 Cooperative agreements between districts

Weather modification districts organized under ORS 558.200 to 558.440 may enter into cooperative agreements with each other providing for the joint use or control of facilities for weather modification.

558.330 [1969 c.698 §40; repealed by 1971 c.727 §203]

558.340 Tax assessment, levy and collection; boundary change

The district may assess, levy and collect taxes each year not to exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within the limits of the district, computed in accordance with ORS 308.207. The proceeds of the tax shall be applied by it in carrying out the objects and purposes of ORS 558.210, 558.235, 558.300 and 558…

558.345 Disposal of taxes levied when organization declared invalid

When an attempt has been made to organize a district under the provisions of ORS 558.200 to 558.440 and subsequently by a judgment of a court it has been declared that the organization is invalid, but prior to such judgment the invalid organization has levied taxes, the funds derived from the levy shall be disposed of as follows: If the area embraced in the…

558.350 Employees’ retirement system

A weather modification district organized under ORS 558.200 to 558.440 may establish an employees’ retirement system. The commissioners may enter into agreements necessary to establish the system and carry out the plan and may agree to modifications of such agreements from time to time. The retirement plan may provide for retirement benefits measured on the…

558.355 Budget for retirement system

The district may budget and provide for payment into the fund of the retirement plan an amount sufficient: To provide on an actuarial reserve basis the amortized level premium cost of the retirement benefits which, under the provision of the retirement system, are to be provided by the district to its employees who attain the retirement age or retire in acc…

558.360 Employee contribution

The district may collect, as a contribution from any employee, that percentage of the salary received by the employee which is necessary to fund on an actuarial reserve basis the cost of retirement benefits which the employee is required to provide pursuant to the provisions of a retirement plan.

558.365 Limitation on membership

Nothing in ORS 558.200 to 558.440 authorizes the district to budget, provide for payments or collect contributions to fund retirement benefits for an individual who is not in the employment of the district at the time of the creation of a membership status under a retirement plan. (Board of Commissioners)

558.400 Board of commissioners; powers; qualifications and terms of commissioners

The power and authority given to districts organized under ORS 558.200 to 558.440 except as therein otherwise provided is vested in and shall be exercised by a board of commissioners of the number named in the petition for formation, but not more than five. A commissioner shall be an elector registered in the district. Except as provided in subsection (2) of…

558.405 [1969 c.698 §33; repealed by 1971 c.23 §12]

558.410 Board meetings; officers; quorum; employing assistance; employee benefits

The commissioners shall hold meetings at such time and place within the district as they may determine upon. Such meetings must be open to the public. They shall hold at least one regular meeting in each month on a day to be fixed by them, and may hold special meetings under such rules as they may make. The commissioners shall, at the time of their organiza…

558.415 Procedure to increase number of commissioners

This section establishes the procedure that a district having fewer than five commissioners shall use to decide whether the number of commissioners should be increased to five. The proposition to increase the number shall be decided by election. The proposition shall be submitted at the next regular district election if a petition requesting an election on t…

558.420 [1969 c.698 §34; repealed by 1971 c.23 §12]

558.430 Deposit and withdrawal of moneys; annual reports; records

All moneys of the district shall be deposited in one or more banks, to be designated by the commissioners; and shall be withdrawn or paid out only when previously ordered by vote of the commissioners, and upon checks signed by the treasurer and countersigned by the chairperson, or in the absence of the chairperson or inability of the chairperson to act, by t…