NMSA 1978, § 75-3-1 Short title
75-3-1. Short title
This act [75-3-1 to 75-3-15 NMSA 1978] may be cited as the "Weather Control Act".
1953 Comp., § 75-37-1, enacted by Laws 1965, ch. 235, § 1.
Weather Control and Cloud Modification
NMSA 1978 ch. 75, art. 3
in effectNMSA 1978, § 75-3-2 Definition
75-3-2. Definition
As used in the Weather Control Act, "commission" means the interstate stream commission.
1953 Comp., § 75-37-2, enacted by Laws 1965, ch. 235, § 2; 2003, ch. 194, § 1.
NMSA 1978, § 75-3-3 Declaration of rights
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.
1953 Comp., § 75-37-3, enacted by Laws 1965, ch. 235, § 3.
NMSA 1978, § 75-3-4 License required
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.
1953 Comp., § 75-37-4, enacted by Laws 1965, ch. 235, § 4.
NMSA 1978, § 75-3-5 Application for license
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.
1953 Comp., § 75-37-5, enacted by Laws 1965, ch. 235, § 5.
NMSA 1978, § 75-3-6 Annual license fee; statement
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 operating personnel, and, if unincorporated, all individuals connected with the organization, or, if a corporation, the names of each of the officers and directors thereof, together with the address of each;
C. the scientific qualifications of all operating and supervising personnel;
D. a statement of all other contracts completed or in process of completion at the time the application is made, giving the names and addresses of the persons to whom the services were furnished and the areas in which such operations have been or are being conducted;
E. the objective of the operation, methods of operation the licensee will use, and the description of the aircraft, ground and meteorological services to be used;
F. names of the contracting parties within the state; including:
(1) the area to be served;
(2) the months in which operations will be conducted;
(3) the methods to be used in evaluating the operation; and
G. any other information the commission deems necessary.
1953 Comp., § 75-37-6, enacted by Laws 1965, ch. 235, § 6.
NMSA 1978, § 75-3-7 Issuance of license
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.
1953 Comp., § 75-37-7, enacted by Laws 1965, ch. 235, § 7; 2003, ch. 194, § 2.
NMSA 1978, § 75-3-8 License fee; expiration
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.
1953 Comp., § 75-37-8, enacted by Laws 1965, ch. 235, § 8.
NMSA 1978, § 75-3-9 Reports required from licensees
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 the project. Failure to file such reports constitute[s] grounds for immediate revocation of the license. Each evaluation report shall contain such information as required by the commission in order to aid in research and development in weather modification and to aid in the protection of life and property.
1953 Comp., § 75-37-9, enacted by Laws 1965, ch. 235, § 9.
NMSA 1978, § 75-3-10 Revocation of license
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 opportunity has been granted the licensee to be heard respecting the grounds of the proposed revocation.
1953 Comp., § 75-37-10, enacted by Laws 1965, ch. 235, § 10.
NMSA 1978, § 75-3-11 Judicial review
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.
1953 Comp., § 75-37-11, enacted by Laws 1965, ch. 235, § 11; 1998, ch. 55, § 93; 1999, ch. 265, § 95.
NMSA 1978, § 75-3-12 Operations affecting weather in other states
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.
1953 Comp., § 75-37-12, enacted by Laws 1965, ch. 235, § 12.
NMSA 1978, § 75-3-13 Enforcement
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.
1953 Comp., § 75-37-13, enacted by Laws 1965, ch. 235, § 13; 2003, ch. 194, § 3.
NMSA 1978, § 75-3-14 Powers and duties of commission
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 results of such activities; and
D. make recommendations to the legislature through the board of regents on needed legislation in the regard to weather control and cloud modification.
1953 Comp., § 75-37-14, enacted by Laws 1965, ch. 235, § 14.
NMSA 1978, § 75-3-15 Penalty
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 his license, or who violates any provision of the Weather Control Act is guilty of a misdemeanor.
1953 Comp., § 75-37-15, enacted by Laws 1965, ch. 235, § 15.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18578/index.doFetched: 10/20/2026