Wyo. Code R. 037-0008-2
Effective Date: 05/03/1971 to Current
Rule Type: Current Rules & Regulations
Reference Number: 037.0008.2.05031971
Section 1. Weather Modification Operations. Weather modification operations shall be conducted in the case of individuals holding permit only under the direct and actual supervision of the person holding such permit, and in case of a corporation, a partnership, institution, association, or governmental agency, shall be conducted only under the actual and personal supervision of a person or persons designated by such corporation, partnership, or association, submitted to the Board and by such Board approved; provided such person or persons can demonstrate to the Board's satisfaction that he has or they have adequate qualifications in the atmospheric sciences. (Amended W-25)
Section 2. Permit Required. It shall be unlawful for anyone to engage in weather modification activities except under and in accordance with a permit issued by the State, Engineer. The State Engineer may issue such permit only upon the recommendation of the Weather Modification Board, and in such form as prescribed by the Board. (S 9-270, Wyo. Stat. 1957.)
Section 3. Permits to Conduct Weather Modification Experiments or Activities. A permit shall be issued for each experiment or activity within a specific period of time, and shall be revocable by the State Engineer upon recommendation of the Board, in accordance with such procedures as the Board shall establish.- (S 9-271, Wyo.-Stat., 1957, as amended by S 1, C.104, S.L. of W o.1.971.) (Amended, MAY 2 3 1971)
a. A fee of Twenty-Five Dollars ($25.00) shall be charged for each permit, or renewal thereof, so, issued. (S 9-2 ' 71., Wyo. Stat. 1957, as amended by S 1, C.104,-S. L. of Wyo. 1971.) (Amended..
b. A permit shall be issued only to a person or @ persons who can demonstrate to the Board's satisfaction, that he has or they have adequate qualifications in the atmospheric sciences, pursuant to 5 9-271, Wyoming Statutes 1957, as amended by S 1, Chapter, 104, Session Laws of Wyoming 1971. (Amended MAY 2 @, 1971)
c. Said permit will be issued for a 1-year period, extending from October 1 of one (1) year to September 30 of the following year. All permit 's shall terminate on September 30. The granting of a permit shall not guarantee the holder thereof any right of renewal whatsoever.
Section 4. Rules Governing Permits. A permit shall be issued for each experiment or activity specifying a definite period of time within which such experiment or activity may be conducted and a definite area of terrain over which the experiment or activity may extend. Such permit must contain the following:
a. A requirement that the applicant will notify the Board of commencement of each separate activity or operation, and that progress reports in writing shall be made to the Board every thirty (30) days during the period of the experiment if in the opinion of the Board, it appears necessary, or advisable.
b. A complete report in writing covering the whole of every experiment shall be filed with the Board within thirty (30) days after the experiment or activity is completed.
Section 5. Service of Process. All licensees shall designate a resident of the State of Wyoming for service.
Section 6. Corporation and Partnerships.
a. Articles of Incorporation for out-of-state corporations must be filed with the Secretary of State's Office, and evidence of iddh'filings must accompany the application for permit filed with the Board.
b. A copy of a resolution signed by all officers, of a corporation or partnership must accompany the application for permit, I giving the member or members of the firm who can demonstrate to the Board's satisfaction that he has or they have adequate qualifications in the atmospheric sciences, power of attorney to act for said corporation or partnership', and indicating that s . aid -corporation or partnership agrees to assume full responsibility for this individual or individuals as their designated agent.or agents.
(Amended MAY 2 3 1971
Section 7. Responsibility and Liability. All applicants, except for institutions or governmental agencies, shall furnish the following evidence of responsibility and liability either at the time their application is submitted or before a permit is issued:
a. Evidence to adequate liability insurance will be furnished prior to the time a permit is issued. The minimum of liability coverage required will be Three Hundred Thousand Dollars ($300,000.00). The Board may require more than, Three Hundred Thousand Dollars ($300,000.00) of liability coverage if the circumstances indicate desirability of additional coverage.
b. A certified copy of a Performance Bond, the amount of which shall be equal to or greater than the contract price for the weather modification activities, is to be furnished prior to the time a permit is issued.
c. The application for permit and the permit shall contain a statement holding the Board, the State of Wyoming and any State officers, officials, and employees harmless from any liability. (S 9-276, Wyo. Stat. 1957.)
Section 8. Fees. A fee of Twenty-Five Dollars ($25-00) shall be charged for each permit, or renewal thereof, so issued. (S 9-271, Wyo. Stat. 1957, as amended by S 1, Ch. 104, S. L. of Wyo. 1971.) (See also Chapter I, Section 7 - Funds.) (Amended MAY 2 3 1971)
Section 9. Authority to Receive and Accept Funds. The Board is authorized to receive and accept for and in behalf of the State, any and all funds which may be offered or become available from federal grants or appropriations, private gifts, donations or bequests, or any other source, and to expend such funds for the expenses of administering this Act [SS 9-267 to 9-276], and for the encouragement of experimentation in weather modification by the University of Wyoming, or any other appropriate State or public agency, either by direct grant, by contract, or other cooperative means. (S 9-275, Wyo. Stat. 1957.)
Section 10. Failure to Obtain Permit, Penal@Z. Any person, persons, corporation, institution, or group engaging in a weather modification experiment without a permit shall be guilty of a felony, and upon conviction, subject to a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment in the penitentiary for not less than one (1) nor more than five (5) years. (S 9-274, Wyo. Stat. 1957.)
Section 11. Amendment of Rules. Any amendments to these Rules shall become effective as provided by SS 9-276.21 and 9-276.22, Wyo. Stat. 1957, as enacted by SS 3 and 4, Ch. 108, S. L. of Wyo. 1965.