Amends, repeals, and adds to existing law to revise provisions regarding cloud seeding activities.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 669 BY CAYLER AN ACT1 RELATING TO CLOUD SEEDING; REPEALING SECTION 42-4301, IDAHO CODE, RELATING2 TO CLOUD SEEDING; AMENDING CHAPTER 43, TITLE 42, IDAHO CODE, BY THE AD-3 DITION OF A NEW SECTION 42-4301, IDAHO CODE, TO ESTABLISH PROVISIONS RE-4 GARDING CLOUD SEEDING; AMENDING SECTION 42-605, IDAHO CODE, TO REMOVE A5 REFERENCE TO CLOUD SEEDING AND TO MAKE TECHNICAL CORRECTIONS; AMENDING6 SECTION 42-1805, IDAHO CODE, TO REMOVE REFERENCES TO CLOUD SEEDING AND7 WEATHER MODIFICATION AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SEC-8 TION 46-1015, IDAHO CODE, RELATING TO WEATHER MODIFICATION; AND DECLAR-9 ING AN EMERGENCY.10

Be It Enacted by the Legislature of the State of Idaho:11

SECTION 1. That Section 42-4301, Idaho Code, be, and the same is hereby12 repealed.13

SECTION 2. That Chapter 43, Title 42, Idaho Code, be, and the same is14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-15 ignated as Section 42-4301, Idaho Code, and to read as follows:16 42-4301. CLOUD SEEDING. (1) The legislature finds that:17 (a) Idaho's economy and the welfare of its citizens depend on a reliable18 and clean water supply;19 (b) Data accumulated and analysis undertaken since the initiation of20 the cloud seeding program demonstrates that cloud seeding lacks prov-21 able outcomes. In 2024, the government accountability office found,22 "when uncertainty was considered in estimates of cloud seeding effec-23 tiveness, the estimated effect was not distinguishable from zero with24 a high degree of statistical confidence (e.g., with 95 percent confi-25 dence)"; and26 (c) Cloud seeding, weather modification, and other forms of geo-en-27 gineering violate the Idaho constitution, section 1, article I, which28 provides for the inalienable rights of man, and that all men are by na-29 ture free and equal, and have certain inalienable rights, among which30 are enjoying and defending life and liberty, acquiring, possessing and31 protecting property, and pursuing happiness and securing safety.32 (2) All cloud seeding programs along with all other weather modifi-33 cation activities are hereby prohibited and banned from occurring in the34 state of Idaho. Any and all aerial or ground-based cloud seeding projects35 or programs or any other form of weather modification shall be ceased indef-36 initely.37 (3) Any person, including any public or private entity, who conducts38 cloud seeding or attempts a weather modification activity in violation of39 the provisions of this section shall be guilty of a felony punishable by five40

2 (5) years in prison and a one-hundred-thousand-dollar ($100,000) fine per1 violation.2

SECTION 3. That Section 42-605, Idaho Code, be, and the same is hereby3 amended to read as follows:4 42-605. DISTRICT MEETINGS -- WATERMASTER AND ASSISTANTS -- ELECTION5 -- REMOVAL -- OATH AND BOND -- ADVISORY COMMITTEE. (1) There shall be held6 on the first Monday in March in each year, except as provided in subsection7 (2) of this section, a meeting of persons owning or having the use of a water8 right in the waters of the stream or water supply comprising such district9 that is assessed or proposed to be assessed by such district, which right has10 been adjudicated or decreed by the court or is represented by valid permit or11 license issued by the department of water resources.12 (2) Such meeting shall be held at some a place within the water dis-13 trict, or at some a nearby location convenient to a majority of those en-14 titled to vote thereat. The director of the department of water resources15 shall, at least twenty-one (21) days prior to the meeting date, send noti-16 fication by regular mail to all persons, companies, corporations, or other17 entities known by the director to hold rights that are assessed or proposed18 to be assessed by such district, which right has been adjudicated or decreed19 by the court or is represented by valid permit or license issued by the de-20 partment of water resources, of the time, date, location, and purpose of the21 annual meeting. At any annual meeting, the water users may vote to waive the22 requirement for notice by mail and provide for notice to be given for future23 meetings by publication of the time, date, location, and purpose of the meet-24 ing in a newspaper or newspapers in general circulation in the district or on25 the department of water resources website. Published notice in a newspaper26 or newspapers shall be made once per week for two (2) consecutive weeks with27 the second notice appearing at least fourteen (14) and not more than thirty28 (30) days prior to the meeting. Notice on the department of water resources29 website shall be posted at least twenty-one (21) days prior to the meeting30 date. At any annual meeting, the water users may vote to change the date for31 annual meetings in subsequent years to any day, except Saturday and Sunday,32 between the second Monday of January and the fourth Tuesday of May. At an an-33 nual meeting, the water users may adopt resolutions to assure or improve the34 distribution of the waters of the district within state law and may provide35 that such resolutions shall continue from year to year.36 (3) At the meeting of the water users of a district, there shall be37 elected a watermaster for such water district, who may be authorized to em-38 ploy such other regular assistants as the water users shall deem necessary,39 and who, upon appointment by the director, shall be responsible for distri-40 bution of water within said water district. Notwithstanding any personnel41 classification assigned to the watermaster and assistants pursuant to the42 provisions of chapter 53, title 67, Idaho Code, the water users shall, prior43 to the election of such watermaster and approval of the employment of as-44 sistants, fix the compensation to be paid to them during the time actually45 engaged in the performance of their duties.46 (4) Voting shall be by majority vote of the water users present at the47 meeting unless one (1) or more water users requests voting using the proce-48 dure which that follows in this subsection. In such case, the meeting chair-49

3 man shall appoint a credentials committee to determine the number of votes1 each water user present is authorized to cast. If requested, each person2 present who owns or has the use for the ensuing season of any water right in3 the stream or water supply comprising such water district that is assessed or4 proposed to be assessed by such district, which right has been adjudicated5 or decreed by the court or is represented by valid permit or license issued6 by the department of water resources, shall be entitled to a number of votes7 equal to the average annual dollar amount and any fraction thereof assessed8 for that person's qualifying water right for the previous five (5) years, or9 such lesser number of years as the right has been assessed. If a right has10 not previously been assessed, a person present who owns or has the use of the11 right for the ensuing season shall be entitled to a number of votes equal to12 the dollar amount and any fraction thereof that the right would have been as-13 sessed had it existed and been reasonably used when water was available under14 the priority of the right during the previous season. Absentee voting and15 voting by proxy are prohibited.16 (5) At such meeting, the water users shall choose a meeting chairman and17 meeting secretary. The water users of any water district that collects or18 pays district expenses in accordance with section 42-613(3) or 42-619, Idaho19 Code, shall also elect a water district treasurer. Within five (5) business20 days after such meeting, the meeting chairman and meeting secretary shall21 forward a certified copy of the minutes of such meeting to the department of22 water resources. The meeting chairman, or the meeting secretary if the meet-23 ing chairman is not present, from the immediately preceding annual meeting24 shall call the meeting to order and preside over the election of officers for25 the meeting.26 (6) At such meeting, the water users may choose an advisory committee27 to be composed of members selected as may be determined at the meeting, which28 committee shall serve as advisors to the director and the watermaster in mat-29 ters pertaining to the distribution of water within the district. The advi-30 sory committee may be authorized to carry out policies as set forth in reso-31 lutions duly adopted by the water users at the annual meeting or at a special32 meeting. The advisory committee may also serve as the local committee to fa-33 cilitate the rental of stored water if appointed by the water resource board34 for such purpose under pursuant to the provisions of section 42-1765, Idaho35 Code.36 (7) A corporation or a water delivery organization, including but not37 limited to a water company, an irrigation district, an irrigation company,38 or a canal company, shall be considered a person for the purpose of this sec-39 tion and shall designate someone to cast its vote.40 (8) Should said meeting not be held, or should said watermaster not be41 elected or the watermaster's compensation not be fixed as above provided in42 this section, then the director is authorized to appoint a watermaster and43 fix the watermaster's compensation.44 (9) The director may remove any watermaster whenever such watermaster45 fails to perform the watermaster's duty, upon complaint made to the director46 in writing, by one (1) person owning or having the right to the use of a wa-47 ter right that is assessed by such district, which right has been adjudicated48 or decreed by the court or is represented by valid permit or license issued49 by the department of water resources, provided, that upon investigation, the50

4 director, after a hearing with the other water users of said district, which1 shall be held in the district or at some a location convenient to the water2 users of the district, finds such charge to be true, and the director may ap-3 point a successor for the unexpired term.4 (10) Before entering upon undertaking the duties of the watermaster's5 office, said watermaster shall take and subscribe to an oath before some an6 officer authorized by the laws of the state to administer oaths, to faith-7 fully perform the duties of the watermaster's office, as provided in section8 42-607, Idaho Code, and shall file that oath with the department of water re-9 sources. Upon appointment by the director, the actions taken by a watermas-10 ter in fulfillment of the duties of the office are covered by the state group11 surety bond as provided by sections 59-801 through 59-804, Idaho Code. A12 duly appointed watermaster that who is reelected in consecutive years shall13 not be required to take and file additional oaths with the department of wa-14 ter resources for each consecutive year the watermaster is reelected. If a15 duly elected or appointed watermaster resigns, dies, or is physically un-16 able to perform the duties of the office during the remainder of the elected17 or appointed watermaster term of service, then the director is authorized to18 appoint a successor for the unexpired term as provided in paragraphs (a) and19 (b) of this subsection.20 (a) If a water district advisory committee has been chosen as provided21 in subsection (6) of this section, the water district advisory commit-22 tee shall meet to either nominate a successor watermaster or request a23 special meeting as provided in subsection (11) of this section to elect24 a new watermaster. Upon receipt of a nomination from a majority of the25 members of the water district advisory committee, the director is au-26 thorized to appoint the nominated successor watermaster for the unex-27 pired term.28 (b) If a water district advisory committee has not been chosen, the29 director of the department of water resources is authorized to appoint30 a temporary successor watermaster. The temporary appointment extends31 through the unexpired term unless a special meeting is requested as32 provided in subsection (11) of this section and water users elect a new33 watermaster.34 (11) The director shall call a special meeting of the water district35 upon receipt of a written request for such meeting from a majority of the mem-36 bers of the advisory committee for a district, a written request from water37 users representing thirty percent (30%) or more of the votes cast at the last38 regular annual meeting, a written request from the watermaster, or on the39 director's own motion if the director determines a meeting is necessary to40 address matters that cannot be delayed until the next regular annual meet-41 ing. Notice of the time, place, and purpose of the special meeting shall be42 given by the director in the manner provided in subsection (2) of this sec-43 tion, provided however, that a special meeting notice shall be sent at least44 fourteen (14) days prior to the meeting date.45 (12) The water users may, by resolution, authorize the watermaster to46 acquire, hold, and dispose of such real and personal property, equipment,47 and facilities in the name of the water district as necessary for the proper48 distribution of water, administration of the water district, and enhance-49 ment of water supplies and shall provide that all such real and personal50

5 property shall remain in the custody of the watermaster and the watermas-1 ter's successor.2 (13) The water users may, by resolution, authorize the watermaster to3 develop, coordinate or provide, through contract or by other means, for4 weather modification projects involving cloud seeding that are designed to5 increase the water supplies of the water district by enhancing natural pre-6 cipitation and which conform to state water planning objectives.7

SECTION 4. That Section 42-1805, Idaho Code, be, and the same is hereby8 amended to read as follows:9 42-1805. ADDITIONAL DUTIES. In addition to other duties prescribed by10 law, the director of the department of water resources shall have the follow-11 ing powers and duties:12 (1) To represent the state in all matters pertaining to interstate and13 international water rights affecting Idaho water resources; and to cooper-14 ate with all agencies, now existing or hereafter to be formed, within the15 state or within other jurisdictions, in matters affecting the development of16 the water resources of this state.17 (2) To prepare a present and continuing inventory of the water re-18 sources of this state, ascertain means and methods of conserving and19 augmenting these and determine as accurately as possible the most effective20 means by which these water resources may be applied for the benefit of the21 people of this state.22 (3) To conduct surveys, tests, investigations, research, examina-23 tions, studies, and estimates of cost relating to availability of unappro-24 priated water, effective use of existing supply, conservation, storage,25 distribution, and use of water.26 (4) To prepare and compile information and data obtained and to make the27 same available to interested individuals or agencies.28 (5) To cooperate with and coordinate activities with the director of29 the department of environmental quality as such activities relate to the30 functions of either or both departments concerning water quality. Such co-31 operation and coordination shall specifically require that:32 (a) The director meet at least quarterly with the director of the de-33 partment of environmental quality and his staff to discuss water qual-34 ity programs. A copy of the minutes of such meeting shall be transmitted35 to the governor.36 (b) The director transmit to the director of the department of envi-37 ronmental quality reports and information prepared by him pertaining to38 water quality programs and proposed rules pertaining to water quality39 programs.40 (c) The director shall make available to the director of the department41 of environmental quality and the director of the department of envi-42 ronmental quality shall make available to the director all notices of43 hearings relating to the promulgation of rules relating to water qual-44 ity, waste discharge permits, and stream channel alteration, as such45 directly affect water quality, and notices of any other hearings and46 meetings which that relate to water quality.47

6 (6) To perform administrative duties and such other functions as the1 board may, from time to time, assign to the director to enable the board to2 carry out its powers and duties.3 (7) After notice, to suspend the issuance or further action on permits4 or applications, including permits or applications for domestic purposes or5 uses as defined in section 42-111, Idaho Code, required pursuant to section6 42-227, Idaho Code, as necessary to protect existing vested water rights or7 to ensure compliance with the provisions of chapter 2, title 42, Idaho Code,8 or to prevent violation of minimum flow provisions of the state water plan.9 (8) To promulgate, adopt, modify, repeal, and enforce rules implement-10 ing or effectuating the powers and duties of the department.11 (9) To seek a preliminary or permanent injunction, or both, or a tempo-12 rary restraining order restraining any person from violating or attempting13 to violate:14 (a) Those provisions of law relating to all aspects of the appropria-15 tion of water, distribution of water, headgates, and measuring devices;16 or17 (b) The administrative or judicial orders entered in accordance with18 the provisions of law.19 (10) To develop, coordinate and provide, through contract or by other20 means, for weather modification projects involving cloud seeding that are21 designed to increase the water supplies of the state by enhancing natural22 precipitation and that conform to state water planning objectives. To ac-23 complish these purposes, the director is authorized to accept and use funds24 acquired through legislative appropriation or by gift, grant, contribution25 or funding received from any private or public individual or entity. All26 funds accepted under this provision shall be transmitted to the state trea-27 surer for deposit in the water administration account and shall be reserved28 and made available until expended as ordered by the director for weather mod-29 ification purposes determined by the director to be beneficial.30 (11) To develop and implement a plan for data gathering to determine any31 effect of the weather modification efforts in which the department is in-32 volved.33 (12) (10) To receive, file, record, or retain documents of record on me-34 dia other than paper.35

SECTION 5. That Section 46-1015, Idaho Code, be, and the same is hereby36 repealed.37

SECTION 6. An emergency existing therefor, which emergency is hereby38 declared to exist, this act shall be in full force and effect on and after its39 passage and approval.40