Research Article
Sep 1969

Legal Aspects of Weather Modification

Publication: Journal of the Irrigation and Drainage Division
Volume 95, Issue 3

Abstract

Weather modification activities produce some interesting legal problems. The problems can be divided into three areas: liability, asserting ownership to increased runoff, and the role of Government. The claimant has thus far been unable to prove that whatever damages he may have suffered resulted from anything the weather modifier did. However, liability is an ever-present threat to the weather modifier. Existing laws give the additional water to whoever expends his time and means to create the increased runoff. The problem is establishing with reasonable certainty the amount of increased water supply attributable to the modifier's efforts. The Federal Government has broad authority under the Commerce Clause of the Constitution to legislate with regard to weather modification. Due to the unique nature of the weather modification science, existing legal analogies generally appear deficient in one way or another.

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Published In

Journal of the Irrigation and Drainage Division
Volume 95Issue 3September 1969
Pages: 403 - 408

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Published in print: Sep 1969
Published online: Feb 11, 2021

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Palmer King
Regional Solicitor, U.S. Dept. of the Interior, Denver, Colo

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