US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2021 New Mexico Statutes » Chapter 75 - Miscellaneous Natural Resource Matters » Article 3 - Weather Control and Cloud Modification

Section 75-3-1 – Short title.

This act [75-3-1 to 75-3-15 NMSA 1978] may be cited as the “Weather Control Act”. History: 1953 Comp., § 75-37-1, enacted by Laws 1965, ch. 235, § 1. ANNOTATIONS Law reviews. — For article, “Weather Modification: Law and Administration,” see 8 Nat. Resources J. 207 (1968).

Section 75-3-10 – Revocation of license.

The commission shall revoke any license if it shall appear that the licensee no longer possesses the qualifications necessary for the issuance of a new license, or is guilty of a violation of any of the provisions of the Weather Control Act. Such revocation shall occur only after notice to the licensee, and a reasonable […]

Section 75-3-11 – Judicial review.

Rulings by the commission on the issuance, refusal or revocation of a license are subject to review in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 75-37-11, enacted by Laws 1965, ch. 235, § 11; 1998, ch. 55, § 93; 1999, ch. 265, § 95. ANNOTATIONS Cross […]

Section 75-3-12 – Operations affecting weather in other states.

Weather control or cloud modification operations may not be carried on in New Mexico for the purpose of affecting weather in any other state which prohibits such operations, or which prohibits operations in that state for the benefit of New Mexico or its inhabitants. History: 1953 Comp., § 75-37-12, enacted by Laws 1965, ch. 235, […]

Section 75-3-13 – Enforcement.

Enforcement of the Weather Control Act is vested in the commission. All fees collected by the commission shall be used by the commission for the purposes of carrying out the provisions of the Weather Control Act. History: 1953 Comp., § 75-37-13, enacted by Laws 1965, ch. 235, § 13; 2003, ch. 194, § 3. ANNOTATIONS […]

Section 75-3-14 – Powers and duties of commission.

The commission may: A. make all rules and regulations necessary to carry out the provisions of the Weather Control Act; B. make any field investigations and inspections necessary to the enforcement of the Weather Control Act; C. make periodic reports on weather control and cloud modification activities in this state together with evaluations of the […]

Section 75-3-15 – Penalty.

Any person conducting weather control or cloud modification operations without first having procured a license, or who makes a false statement in the application for a license, or who fails to file any report or evaluation required by the Weather Control Act, or who conducts any weather control or cloud modification operation after revocation of […]

Section 75-3-2 – Definition.

As used in the Weather Control Act, “commission” means the interstate stream commission. History: 1953 Comp., § 75-37-2, enacted by Laws 1965, ch. 235, § 2; 2003, ch. 194, § 1. ANNOTATIONS The 2003 amendment, effective June 20, 2003, substituted “Definition” for “Definitions” in the section catchline and substituted “interstate stream” for “weather control and […]

Section 75-3-3 – Declaration of rights.

It is declared that the state of New Mexico claims the right to all moisture in the atmosphere which would fall so as to become a part of the natural streams or percolated water of New Mexico, for use in accordance with its laws. History: 1953 Comp., § 75-37-3, enacted by Laws 1965, ch. 235, […]

Section 75-3-4 – License required.

No person or corporation shall, without having first received a license from the commission, conduct any weather control or cloud modification operations or attempt to control precipitation. History: 1953 Comp., § 75-37-4, enacted by Laws 1965, ch. 235, § 4.

Section 75-3-5 – Application for license.

Any individual or corporation who proposes to operate weather control or cloud modification projects or who attempts to induce precipitation, shall, before engaging in any such operation, make application to the commission for a license to engage in the particular weather control or cloud modification operation contemplated. History: 1953 Comp., § 75-37-5, enacted by Laws […]

Section 75-3-6 – Annual license fee; statement.

At the time of applying for the license, the applicant shall pay to the commission a fee of one hundred dollars ($100), and shall file an application in the form prescribed by the commission which shall be accompanied by a statement showing: A. the name and address of the applicant; B. the names of the […]

Section 75-3-7 – Issuance of license.

The commission may issue a license to any applicant who demonstrates sufficient financial responsibility necessary to meet obligations reasonably likely to be attached to or result from weather control or cloud modification activities and skill and experience reasonably necessary to accomplishment of weather control without actionable injury to property or person. History: 1953 Comp., § […]

Section 75-3-8 – License fee; expiration.

A license shall expire at the end of the calendar year in which it is issued and may be renewed upon payment of the annual license fee. History: 1953 Comp., § 75-37-8, enacted by Laws 1965, ch. 235, § 8.

Section 75-3-9 – Reports required from licensees.

Each licensee shall, within ninety days after conclusion of any weather control or cloud modification project, file with the commission a final evaluation of the project. Each three months, during the operation of any project which has not been completed, each licensee shall file a report evaluating the operations for the preceding three months in […]