LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE SENATE
SENATE BILL NO. 1269
BY RESOURCES AND ENVIRONMENT COMMITTEE
AN ACT
RELATING TO CLOUD SEEDING; AMENDING SECTION 42-4301, IDAHO CODE, TO
REVISE PROVISIONS REGARDING CLOUD SEEDING; AMENDING CHAPTER 43, TITLE
42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-4302, IDAHO CODE,
TO DEFINE TERMS; AMENDING CHAPTER 43, TITLE 42, IDAHO CODE, BY THE
ADDITION OF A NEW SECTION 42-4303, IDAHO CODE, TO ESTABLISH
AUTHORIZATION AND REPORTING REQUIREMENTS; AMENDING CHAPTER 43, TITLE
42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-4304, IDAHO CODE,
TO PROVIDE FOR THE USE OF STATE FUNDS AND LIABILITY; AND DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Section 42-4301, Idaho Code, be, and the same is
hereby amended to read as follows:

42-4301. CLOUD SEEDING -- LEGISLATIVE FINDINGS. (1) The legislature
finds that:

(a) Idaho's economy and the welfare of its citizens depend upon a
reliable and sustainable water supply. It is essential, therefore, that
the state continues to identify, develop, and implement projects that
augment and sustain the state's water resources.

(b) The cloud seeding program developed and implemented by the Idaho
water resource board, in cooperation with interested stakeholders,
presents a unique and innovative opportunity to augment and sustain the
water resources of the state.

(c) Augmenting water supplies through cloud seeding is in the public
interest. Public benefits of cloud seeding include drought mitigation,
protection of water rights, protection of municipal and business
activities dependent on water, water quality, recreation, and fish and
wildlife.

(d) Data accumulated and analysis undertaken since the initiation of
the cloud seeding program demonstrates that cloud seeding has resulted
in an annual increase in the water supplies in the basins in which cloud
seeding has been performed. However, additional research and analysis
is necessary to determine the precise nature and extent of those
increases. The legislature recommends that such research be continued
as the cloud seeding program progresses and that annual reports on such
research be provided to the legislature.

(2) The legislature recognizes that expansion of the cloud seeding
program may benefit basins throughout the state that experience depleted or
insufficient water supplies, and the legislature recommends that the water
resource board complete an assessment of basins and work with affected
stakeholders to implement the cloud seeding program in basins that would
benefit from the program.

(3) Nothing in this chapter shall be construed to affect any permitting
or reporting requirements that may exist pursuant to federal law or
regulation.

SECTION 2. That Chapter 43, Title 42, Idaho Code, be, and the same is
hereby amended by the addition thereto of a NEW SECTION, to be known and
designated as Section 42-4302, Idaho Code, and to read as follows:

42-4302. DEFINITIONS. As used in this chapter:

(1) "Board" means the Idaho water resource board.

(2) "Cloud seeding" means all acts undertaken to artificially
distribute or create nuclei in cloud masses for the purposes of inducing
precipitation, cloud forms, or other meteorological parameters. Cloud
seeding for the suppression of fog and frost prevention measures for the
protection of orchards and crops are excluded from the coverage of this
chapter.

(3) "Methods used for cloud seeding" means methods to distribute or
create nuclei in cloud masses, including ground generators, airplanes,
drones, or other application methods.

(4) "Operational period" means the dates during which cloud seeding
activities are authorized and conducted within a defined basin or project
area, as approved by the board, typically October 1 through April 30.

SECTION 3. That Chapter 43, Title 42, Idaho Code, be, and the same is
hereby amended by the addition thereto of a NEW SECTION, to be known and
designated as Section 42-4303, Idaho Code, and to read as follows:

42-4303. AUTHORIZATION AND REPORTING REQUIREMENTS. (1) The board
shall authorize, and may sponsor or develop, local or statewide cloud
seeding programs. The board may contract any individual or organization
for consultation and assistance in developing cloud seeding programs or in
furthering research related to cloud seeding.

(2) The board shall conduct public meetings, in accordance with
chapter 2, title 74, Idaho Code, when discussing or acting on cloud seeding
programs in Idaho. Such meetings shall include an opportunity for written
and oral public comment.

(3) The board shall compile and publish an annual report detailing:

(a) Operational data, including dates, locations, and methods used for
cloud seeding operations conducted during the reporting period;

(b) The state of the science, including Idaho-specific analysis, as
it relates to water, soil, or air quality, and other environmental
impacts, including cumulative impacts, associated with cloud seeding
activities;

(c) Public meetings related to cloud seeding and associated
documentation, including public comments or other feedback received
regarding cloud seeding operations; and

(d) The effectiveness of outcomes achieved, such as increases in
snowpack due to cloud seeding.

(4) During the operational period, each operator shall submit a
monthly report on cloud seeding operations to the board. The report shall
include:
(a) Locations of ground generators;
(b) Flight paths;
(c) Amount and type of cloud seeding activities that occurred;
(d) Amount and type of seeding materials used;
(e) Any suspension periods; and
(f) Methods of operation.

(5) Any individual, organization, or entity that independently
conducts cloud seeding operations within the state of Idaho shall adhere
to the requirements and conditions of the authorization issued by the
board.

(6) Water generated through cloud seeding shall be distributed in
accordance with the prior appropriation doctrine.

(7) Cloud seeding conducted to enhance rainfall, mitigate hail,
disperse fog, or prevent frost is excluded from the provisions of this
chapter.

(8) Failure to comply with the reporting or disclosure requirements,
as provided by this chapter, shall result in suspension of authorization
for cloud seeding activities until compliance is achieved, as determined
by the board.

SECTION 4. That Chapter 43, Title 42, Idaho Code, be, and the same is
hereby amended by the addition thereto of a NEW SECTION, to be known and
designated as Section 42-4304, Idaho Code, and to read as follows:

42-4304. USE OF STATE FUNDS -- LIABILITY. (1) State funds may be used
or expended on cloud seeding programs only in basins where the board finds
that existing water supplies are not sufficient to support existing water
rights, water quality, recreation, or fish and wildlife uses dependent on
those water supplies.

(2) The act of cloud seeding pursuant to a project funded in whole or
in part by the state of Idaho or authorized by the board shall:

(a) Not be the basis of any claim of liability, including trespass or
public or private nuisance, except when such claims arise from acts of
gross negligence or willful misconduct; and

(b) Not require any state or local permits.

SECTION 5. An emergency existing therefor, which emergency is hereby
declared to exist, this act shall be in full force and effect on and after
July 1, 2026.