North Dakota Senate Bill SB2106

North Dakota 2025-2026 Regular Session

• Introduced: 1/7/25
• Refer: 1/7/25
• Report Pass: 2/6/25

Caption

A BILL for an Act to create and enact a new section to chapter 61-01 of the North Dakota Century Code, relating to weather modification operations in the state; to amend and reenact subsection 1 of section 37-17.1-11, and sections 58-03-07, 61-02.1-02.1, and 61-16.1-09 of the North Dakota Century Code, relating to weather modification; to repeal section 37-17.1-15 and chapter 61-04.1 of the North Dakota Century Code, relating to weather modification; and to provide a penalty.

Summary

SB 2106 would substantially revise North Dakota law governing weather modification and related water-resource authorities. The bill creates a new criminal prohibition making it a class B misdemeanor for any person to perform or contract for weather modification in the state, and it defines weather modification broadly to include cloud seeding, hail suppression, precipitation alteration, and other artificial changes to weather elements. It also repeals the existing weather modification chapter and a related section of law, while making conforming changes in other parts of the Century Code. In addition to the weather-modification ban, the bill amends several water and local-government statutes. It adds weather modification to the list of disaster-mitigation topics the governor and state agencies may study, authorizes township electors to approve spending township funds on weather modification activities, and declares weather modification projects to be part of the state water development program eligible for funding. It also expands water resource board powers and creates a detailed process for quick-take eminent domain for certain right-of-way acquisitions, including negotiation requirements, county commissioner approval, and notice and appeal procedures.

Impact

The bill would change state law by replacing the existing regulatory framework for weather modification with a prohibition and criminal penalty, while simultaneously preserving references to weather modification in water-development and local-government statutes. It would repeal chapter 61-04.1 and section 37-17.1-15, add a new offense in chapter 61-01, and amend provisions governing township powers, state water commission funding priorities, and water resource board authority. The affected parties would include weather modification operators, townships, water resource boards, landowners involved in right-of-way acquisitions, and state and local agencies involved in water management and disaster mitigation.

Sentiment

The bill failed on the Senate floor by a vote of 18-29, indicating limited support overall. The available record shows no committee transcript discussion, so the sentiment can only be inferred from the vote and the bill’s outcome. The floor result suggests that a majority of senators were not persuaded to adopt the proposed ban and related statutory changes.

Contention

The central point of contention appears to be the bill’s proposed ban on weather modification, which would criminalize activities such as cloud seeding and hail suppression. Supporters likely viewed the measure as a way to prohibit or tightly restrict weather intervention, while opponents likely objected to eliminating the existing regulatory structure and imposing criminal penalties. A second area of potential concern is the bill’s broader treatment of water-resource authority, including the new quick-take eminent domain procedures and the inclusion of weather modification in state water-development priorities, which could have raised questions about property rights, local control, and the scope of state power.