82a-1401 Citation of act.
82a-1401. Citation of act. This act may be cited as the “Kansas weather modification act.” History: L. 1974, ch. 321, § 1; July 1.
82a-1402 Kansas weather modification act; definitions.
82a-1402. Kansas weather modification act; definitions. As used in this act, unless the context otherwise requires: (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 […]
82a-1403 Same; administration of act; rules and regulations; powers of board and director.
82a-1403. Same; administration of act; rules and regulations; powers of board and director. The authority is hereby vested with responsibility for the implementation of this act. Within the authority granted to the authority, the director shall be the chief administrative officer for carrying out the powers and duties provided for in this act. The authority […]
82a-1405 Same; licenses for weather modification activities; issuance and limitations; permit for weather modification projects; studies, hearings and investigations; research and development programs; expenditure of funds; representation of state in weather modification matters.
82a-1405. Same; licenses for weather modification activities; issuance and limitations; permit for weather modification projects; studies, hearings and investigations; research and development programs; expenditure of funds; representation of state in weather modification matters. (a) At the direction of the authority, the director may issue licenses for weather modification activities, as provided for in this act, […]
82a-1406 Same; license and permit required; violation of license or permit; fee exemptions.
82a-1406. Same; license and permit required; violation of license or permit; fee exemptions. (a) No person may engage in any activity for weather modification or control without a weather modification license and a weather modification permit issued by the director. No person may engage in any activity in violation of any term or condition of […]
82a-1407 Same; license; requirements.
82a-1407. Same; license; requirements. The director shall issue a weather modification license to each person who: (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 […]
82a-1408 Same; license fees; license term.
82a-1408. Same; license fees; license term. Unless the applicant is exempt under subsection (b) of K.S.A. 82a-1406, and amendments thereto, a license shall be issued under this act only upon payment to the director of a fee of $100. Each license shall expire at the end of the calendar year for which it is issued. […]
82a-1409 Suspension or revocation of license; grounds; hearing.
82a-1409. Suspension or revocation of license; grounds; hearing. Any license issued under this act may be suspended or revoked by the director after notice and opportunity for hearing in accordance with the provisions of Kansas administrative procedure act, when the licensee (1) is found to have engaged in any activity prohibited by or under this […]
82a-1410 Appeals to district court.
82a-1410. Appeals to district court. Any aggrieved party may appeal to the district court as provided by the Kansas judicial review act. History: L. 1974, ch. 321, § 10; L. 1984, ch. 313, § 152; L. 2010, ch. 17, § 219; July 1.
82a-1411 Same; weather modification permit; requirements.
82a-1411. Same; weather modification permit; requirements. (a) The director shall issue a weather modification permit to each person who: (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; […]
82a-1412 Same; conduct of operations under permit under supervision of licensee.
82a-1412. Same; conduct of operations under permit under supervision of licensee. Operations under weather modification permits may be executed only by or under the immediate direction and supervision of a licensee or licensees. History: L. 1974, ch. 321, § 12; July 1.
82a-1413 Same; permit fees.
82a-1413. Same; permit fees. The fee for each weather modification permit under this act or any renewal thereof shall be $100, except for applicants exempt under subsection (b) of K.S.A. 82a-1406, and amendments thereto. All fees shall be paid to the director, who shall remit all such moneys to the state treasurer in accordance with […]
82a-1414 Same; permit term; emergency.
82a-1414. Same; permit term; emergency. (a) A separate weather modification permit shall be required annually on a calendar year basis for each weather modification project or program. (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, […]
82a-1415 Weather modification; permit; revision, suspension or modification of terms and conditions; procedure; licensee to notify director of emergencies.
82a-1415. Weather modification; permit; revision, suspension or modification of terms and conditions; procedure; licensee to notify director of emergencies. (a) The director may revise, suspend, or modify the terms and conditions of a permit in accordance with the provisions of the Kansas administrative procedure act when necessary to protect the health, safety, or property of […]
82a-1416 Same; compliance with permit terms and conditions.
82a-1416. Same; compliance with permit terms and conditions. When a weather modification permit has been issued, the licensee shall confine the licensee’s weather modification activities within the limits of time and area specified in the permit, except to the extent that the limits are modified by the director. The licensee shall also comply with any […]
82a-1417 Same; reports of activities; form and content.
82a-1417. Same; reports of activities; form and content. (a) Any person conducting weather modification activities in Kansas or operations that affect conditions within Kansas shall file reports at such time or times and in the manner and form as the director requires. (b) The licensee shall file, on a form prescribed by the director, an […]
82a-1418 Same; suspension, revocation or denial of permit.
82a-1418. Same; suspension, revocation or denial of permit. (a) The director shall suspend or revoke a permit, after proceedings in accordance with the Kansas administrative procedure act, upon finding that the licensee no longer meets the qualifications or conditions of the original permit or has violated any provision of this act. (b) At the direction […]
82a-1419 Same; suspension or revocation of license or permit; notice and hearing.
82a-1419. Same; suspension or revocation of license or permit; notice and hearing. (a) Except as provided in K.S.A. 82a-1415 relating to the director, the authority or the director shall not suspend or revoke a license or permit without first giving the licensee reasonable notice and a reasonable opportunity to be heard with respect to the […]
82a-1420 Same; state and local officers immune from liability; issuance of permit not state endorsement.
82a-1420. Same; state and local officers immune from liability; issuance of permit not state endorsement. Officers and employees of the state or any department or agency thereof, and officers and employees of any county or municipality or other public agency of the state, shall be immune from liability resulting from any weather modification activity approved […]
82a-1421 Same; operation without license or permit; order to cease; enforcement.
82a-1421. Same; operation without license or permit; order to cease; enforcement. The director may order any person who is found to be conducting weather modification activity without a license and permit to cease and desist from said operation. Any such order shall be enforceable in any court of competent jurisdiction. History: L. 1974, ch. 321, […]