558.415 Procedureto increase number of commissioners
558.430 Depositand withdrawal of moneys; annual reports; records
558.440 Specialelections
PENALTIES
558.990 Penalties
LICENSING
558.010Definitions for ORS 558.010 to 558.140. As used in ORS 558.010 to 558.140:
(1)“Department” means the State Department of Agriculture.
(2)“Person” includes any public or private corporation. [1953 c.654 §1; 1955 c.61 §4]
558.020Purpose of ORS 558.010 to 558.140. The purpose of ORS 558.010 to 558.140is to promote the public health, safety and welfare by providing for thelicensing, regulation and control of interference by artificial means with thenatural precipitation of rain, snow, hail, moisture or water in any formcontained in the atmosphere. [1953 c.654 §2]
558.030Artificial weather modification prohibited without license. No person,without securing a license from the State Department of Agriculture, shall causeor attempt to cause by artificial means condensation or precipitation of rain,snow, hail, moisture or water in any form contained in the atmosphere, or shallprevent or attempt to prevent by artificial means the natural condensation orprecipitation of rain, snow, hail, moisture or water in any form contained inthe atmosphere. [1953 c.654 §3]
558.040Application for license; fee. (1) Any person desiring to do any ofthe acts specified in ORS 558.030 shall file with the State Department ofAgriculture an application for a license on a form to be supplied by thedepartment for such purpose setting forth all of the following:
(a)The name and post-office address of the applicant.
(b)The education, experience and qualifications of the applicant, or if theapplicant is not an individual, the education, experience and qualifications ofthe persons who will be in control and in charge of the operation of theapplicant.
(c)The name and post-office address of the person on whose behalf the weathermodification operation is to be conducted if other than the applicant.
(d)The nature and object of the weather modification operation which applicantproposes to conduct, including a general description of such operation and themanner in which the production, management or conservation of water or energyresources or agricultural or forest crops could be benefited by the operation.
(e)The method and type of equipment and the type and composition of the materialsthat the applicant proposes to use.
(f)Such other pertinent information as the department may require.
(2)Each application shall be accompanied by a filing fee in the sum of $100, andproof of financial responsibility as required by ORS 558.050. [1953 c.654 §4;1975 c.420 §1]
558.050Proof of financial responsibility. (1) No license shall be issued to anyperson until the person has filed with the State Department of Agricultureproof of ability to respond in damages for liability on account of accidentsarising out of the weather modification operations to be conducted by theperson in the amount of $100,000 because of bodily injury to or death of oneperson resulting from any one accident, and, subject to said limit for oneperson, in the amount of $300,000 because of bodily injury to or death of twoor more persons resulting from any one accident, and in the amount of $300,000because of injury to or destruction of property of others resulting from anyone accident.
(2)Proof of financial responsibility may be given by filing with the department acertificate of insurance or a bond, an irrevocable letter of credit issued byan insured institution as defined in ORS 706.008 or a certificate evidencingdeposit of money in the same manner and with the same effect as provided by ORS558.052 to 558.054, 806.080 and 806.270. [1953 c.654 §13; 1975 c.420 §1a; 1983c.338 §961; 1991 c.331 §82; 1995 c.41 §3; 1997 c.631 §495; 2003 c.175 §13]
558.052Requirements for bonds used to meet financial responsibility. A bond used tocomply with financial responsibility requirements under ORS 558.050 must meetall of the following requirements:
(1)The bond must be in the amount required by ORS 558.050.
(2)The bond must be approved by a judge of a court of record in this state.
(3)The bond must contain a provision that it cannot be canceled except upon thegiving of 10 days’ prior written notice to the State Department of Agriculture.
(4)The bond must be provided by either of the following:
(a)A surety company.
(b)Two persons who are residents of Oregon and who each own real property in thisstate having together equities at least of the value required for the bondunder ORS 558.050.
(5)If the bond is provided by real property owners in this state, the bond mustcontain a schedule of the real property owned by each of the sureties that willbe used to meet the financial responsibility requirements of this state.
(6)The bond must be conditioned to pay, on behalf of the principal, the limits offinancial responsibility requirements under ORS 558.050.
(7)The bond must be conditioned to pay, on behalf of the principal, judgmentsagainst a person for accidents described in ORS 558.050 and must be subject toaction under ORS 558.053.
(8)The bond is subject to any rules adopted by the department relating to suchbonds. [2003 c.175 §15]
558.053Judgment against principal on bond; action against surety; satisfaction. (1) If ajudgment rendered against the principal on a bond described under ORS 558.052is not settled within 60 days after it has become final, a judgment creditor,for the judgment creditor’s own use and benefit and at the judgment creditor’ssole expense, may bring an action against any surety on the bond. An actionbrought under this section must be brought in the name of the state. An actionunder this section may include any action or proceeding to foreclose any lienestablished upon the real property of a surety under ORS 558.052.
(2)For purposes of this section, a judgment is satisfied when any of the followingoccurs:
(a)Payments in the amounts established by the payment schedule under ORS 558.050have been credited upon any judgment or judgments rendered in excess of thoseamounts.
(b)Judgments rendered for less than the amounts established under ORS 558.050 havebeen satisfied.
(c)The judgment creditor and the judgment debtor have mutually agreed upon acompromise settlement of the judgment.
(d)The judgment against the judgment debtor has been discharged in bankruptcy. [2003c.175 §16]
558.054Deposit of cash or other security to meet financial responsibility; rules; useof deposit.(1) A person may satisfy the financial responsibility requirements of ORS558.050 by depositing with the State Department of Agriculture the following:
(a)Cash;
(b)Legally issued general obligations of the United States, the agencies andinstrumentalities of the United States and the States of Oregon, Washington,Idaho and California;
(c)Certificates of deposit or other similar instruments if the instruments areinsured by the Federal Deposit Insurance Corporation; or
(d)Any combination of cash or instruments described in this subsection.
(2)The department shall hold the deposit under terms and conditions that thedepartment designates by rule. The department may deliver the deposit to theState Treasurer, who shall receive and hold the deposit subject to the order ofthe department. The depositor shall reimburse the State Treasurer for anyexpenses incurred by the State Treasurer in mailing, insuring, shipping ordelivering the cash or instruments in the deposit.
(3)The department, by order, may authorize the State Treasurer to use the depositas follows:
(a)To satisfy any execution on a judgment that is against the person making thedeposit for an accident described in ORS 558.050 and that results from a causeof action that accrued after the deposit was made; or
(b)To release any or all of the deposit to the depositor or other person as thedepartment considers appropriate.
(4)While deposited with the department, the cash or instruments in the deposit arenot subject to attachment or execution unless the attachment or executionarises out of a judgment against the person making the deposit for an accidentdescribed in ORS 558.050 and that results from a cause of action that accruedafter the deposit was made.
(5)The department shall issue the depositor a certificate evidencing the deposit. [2003c.175 §17]
558.055Hearing on application for license. Upon receipt of an application for alicense, the State Department of Agriculture shall fix the time and place for apublic hearing on the application. Such hearing shall be held in the countyseat of any county in which the proposed operation will be conducted. Thedepartment shall notify the applicant of the time and place of hearing in sufficienttime for the applicant to comply with the notice requirements of ORS 558.080 to558.100. [1975 c.420 §3]
558.060Issuance of license; conditions; licensee’s authority; use of materials otherthan described in license; renewal; fee. (1) The State Department of Agricultureshall act within 30 days, but shall only issue the license upon finding that:
(a)The applicant is qualified to undertake the weather modification operationproposed in the application;
(b)The production, management or conservation of water or energy resources oragricultural or forest crops could be benefited by the proposed weathermodification operation; and
(c)The proposed weather modification operation would not be injurious to thepublic health or safety.
(2)Each such license shall entitle the licensee to conduct the operationsdescribed in the license for one year from the date the license is issuedunless the license is sooner revoked or suspended. The conducting of anyweather modification operation or the use of any equipment or materials otherthan those described in the license shall be cause for revocation or suspensionof the license.
(3)The license may be renewed annually by payment of a filing fee in the sum of$50. If the application for renewal proposes any change in the previouslylicensed operation, or if the department determines that the public health orsafety may be adversely affected by continuation of the operation, thedepartment shall conduct a hearing on the application for renewal. The provisionsof ORS 558.055 and 558.080 to 558.100 shall apply to such hearing. [1953 c.654 §5;1975 c.420 §4]
558.065 [1965 c.336 §2;repealed by 1967 c.225 §1 (558.066 enacted in lieu of 558.065)]
558.066Governmental entities conducting weather modification at airport; exemption. The State ofOregon or its agencies, counties, cities, public corporations or politicalsubdivisions thereof or any person engaged by any of them for the purpose ofremoving or dispersing fog, or carrying out or performing any other weathermodification at an airport owned or operated by the State of Oregon or itsagencies, counties, cities, public corporations or political subdivisionsthereof, are exempt from the provisions of ORS 558.010 to 558.140 in respect tosuch operations at such airport only. [1967 c.225 §2 (enacted in lieu of558.065)]
558.070 [1953 c.654 §6;repealed by 1975 c.420 §12]
558.080Contents of hearing notice. The notice of hearing shall set forth all of thefollowing:
(1)The name and post-office address of the applicant.
(2)The name and post-office address of the person on whose behalf the weathermodification operation is to be conducted if other than the applicant.
(3)The nature and object of the weather modification operation which applicantproposes to conduct, including a general description of such operation.
(4)The method and type of equipment and the type and composition of the materialsthat the applicant proposes to use.
(5)The area in which and the approximate time during which the operation will beconducted.
(6)The area which will be affected by the operation as near as the same may bedetermined in advance.
(7)The time and place of the public hearing. [1953 c.654 §7; 1975 c.420 §5]
558.090Publication of notice of hearing. The applicant shall cause the notice ofhearing to be published at least once a week for two consecutive weeks in anewspaper having a general circulation and published within the county whereinthe proposed operation is to be conducted and in which the affected area islocated, or if the proposed operation is to be conducted in more than onecounty or if the affected area is located in more than one county or is locatedin a county other than the one in which the proposed operation is to beconducted, then such notice shall be published in like manner in a newspaperhaving a general circulation and published within each of such counties. Incase there is no newspaper published within the appropriate county, publicationshall be made in a newspaper having a general circulation within the county.The date of last publication shall be not less than three nor more than 10 daysprior to the date set for hearing. [1953 c.654 §8; 1975 c.420 §6]
558.100Proof of publication.Proof of publication shall be filed by the applicant with the State Departmentof Agriculture at the time of the hearing. Proof of publication shall be bycopy of the notice as published, attached to and made a part of the affidavitof the publisher or foreman of the newspaper publishing the notice. [1953 c.654§9; 1975 c.420 §7]
558.110Records and reports of operations; public examination. (1) Eachlicensee shall keep and maintain a record of all operations conducted by thelicensee pursuant to the license showing the method employed, the type of equipment,the type and composition of the materials used, the times and places ofoperation of the equipment, the name and post-office address of each personparticipating or assisting in the operation other than the licensee, theestimated precipitation for each licensed project, defining the gain or lossoccurring from the operations, together with supporting data therefor, and suchother information as may be required by the State Department of Agriculture,and shall report the same to the
558.415 Procedureto increase number of commissioners
558.430 Depositand withdrawal of moneys; annual reports; records
558.440 Specialelections
PENALTIES
558.990 Penalties
LICENSING
558.010Definitions for ORS 558.010 to 558.140. As used in ORS 558.010 to 558.140:
(1)“Department” means the State Department of Agriculture.
(2)“Person” includes any public or private corporation. [1953 c.654 §1; 1955 c.61 §4]
558.020Purpose of ORS 558.010 to 558.140. The purpose of ORS 558.010 to 558.140is to promote the public health, safety and welfare by providing for thelicensing, regulation and control of interference by artificial means with thenatural precipitation of rain, snow, hail, moisture or water in any formcontained in the atmosphere. [1953 c.654 §2]
558.030Artificial weather modification prohibited without license. No person,without securing a license from the State Department of Agriculture, shall causeor attempt to cause by artificial means condensation or precipitation of rain,snow, hail, moisture or water in any form contained in the atmosphere, or shallprevent or attempt to prevent by artificial means the natural condensation orprecipitation of rain, snow, hail, moisture or water in any form contained inthe atmosphere. [1953 c.654 §3]
558.040Application for license; fee. (1) Any person desiring to do any ofthe acts specified in ORS 558.030 shall file with the State Department ofAgriculture an application for a license on a form to be supplied by thedepartment for such purpose setting forth all of the following:
(a)The name and post-office address of the applicant.
(b)The education, experience and qualifications of the applicant, or if theapplicant is not an individual, the education, experience and qualifications ofthe persons who will be in control and in charge of the operation of theapplicant.
(c)The name and post-office address of the person on whose behalf the weathermodification operation is to be conducted if other than the applicant.
(d)The nature and object of the weather modification operation which applicantproposes to conduct, including a general description of such operation and themanner in which the production, management or conservation of water or energyresources or agricultural or forest crops could be benefited by the operation.
(e)The method and type of equipment and the type and composition of the materialsthat the applicant proposes to use.
(f)Such other pertinent information as the department may require.
(2)Each application shall be accompanied by a filing fee in the sum of $100, andproof of financial responsibility as required by ORS 558.050. [1953 c.654 §4;1975 c.420 §1]
558.050Proof of financial responsibility. (1) No license shall be issued to anyperson until the person has filed with the State Department of Agricultureproof of ability to respond in damages for liability on account of accidentsarising out of the weather modification operations to be conducted by theperson in the amount of $100,000 because of bodily injury to or death of oneperson resulting from any one accident, and, subject to said limit for oneperson, in the amount of $300,000 because of bodily injury to or death of twoor more persons resulting from any one accident, and in the amount of $300,000because of injury to or destruction of property of others resulting from anyone accident.
(2)Proof of financial responsibility may be given by filing with the department acertificate of insurance or a bond, an irrevocable letter of credit issued byan insured institution as defined in ORS 706.008 or a certificate evidencingdeposit of money in the same manner and with the same effect as provided by ORS558.052 to 558.054, 806.080 and 806.270. [1953 c.654 §13; 1975 c.420 §1a; 1983c.338 §961; 1991 c.331 §82; 1995 c.41 §3; 1997 c.631 §495; 2003 c.175 §13]
558.052Requirements for bonds used to meet financial responsibility. A bond used tocomply with financial responsibility requirements under ORS 558.050 must meetall of the following requirements:
(1)The bond must be in the amount required by ORS 558.050.
(2)The bond must be approved by a judge of a court of record in this state.
(3)The bond must contain a provision that it cannot be canceled except upon thegiving of 10 days’ prior written notice to the State Department of Agriculture.
(4)The bond must be provided by either of the following:
(a)A surety company.
(b)Two persons who are residents of Oregon and who each own real property in thisstate having together equities at least of the value required for the bondunder ORS 558.050.
(5)If the bond is provided by real property owners in this state, the bond mustcontain a schedule of the real property owned by each of the sureties that willbe used to meet the financial responsibility requirements of this state.
(6)The bond must be conditioned to pay, on behalf of the principal, the limits offinancial responsibility requirements under ORS 558.050.
(7)The bond must be conditioned to pay, on behalf of the principal, judgmentsagainst a person for accidents described in ORS 558.050 and must be subject toaction under ORS 558.053.
(8)The bond is subject to any rules adopted by the department relating to suchbonds. [2003 c.175 §15]
558.053Judgment against principal on bond; action against surety; satisfaction. (1) If ajudgment rendered against the principal on a bond described under ORS 558.052is not settled within 60 days after it has become final, a judgment creditor,for the judgment creditor’s own use and benefit and at the judgment creditor’ssole expense, may bring an action against any surety on the bond. An actionbrought under this section must be brought in the name of the state. An actionunder this section may include any action or proceeding to foreclose any lienestablished upon the real property of a surety under ORS 558.052.
(2)For purposes of this section, a judgment is satisfied when any of the followingoccurs:
(a)Payments in the amounts established by the payment schedule under ORS 558.050have been credited upon any judgment or judgments rendered in excess of thoseamounts.
(b)Judgments rendered for less than the amounts established under ORS 558.050 havebeen satisfied.
(c)The judgment creditor and the judgment debtor have mutually agreed upon acompromise settlement of the judgment.
(d)The judgment against the judgment debtor has been discharged in bankruptcy. [2003c.175 §16]
558.054Deposit of cash or other security to meet financial responsibility; rules; useof deposit.(1) A person may satisfy the financial responsibility requirements of ORS558.050 by depositing with the State Department of Agriculture the following:
(a)Cash;
(b)Legally issued general obligations of the United States, the agencies andinstrumentalities of the United States and the States of Oregon, Washington,Idaho and California;
(c)Certificates of deposit or other similar instruments if the instruments areinsured by the Federal Deposit Insurance Corporation; or
(d)Any combination of cash or instruments described in this subsection.
(2)The department shall hold the deposit under terms and conditions that thedepartment designates by rule. The department may deliver the deposit to theState Treasurer, who shall receive and hold the deposit subject to the order ofthe department. The depositor shall reimburse the State Treasurer for anyexpenses incurred by the State Treasurer in mailing, insuring, shipping ordelivering the cash or instruments in the deposit.
(3)The department, by order, may authorize the State Treasurer to use the depositas follows:
(a)To satisfy any execution on a judgment that is against the person making thedeposit for an accident described in ORS 558.050 and that results from a causeof action that accrued after the deposit was made; or
(b)To release any or all of the deposit to the depositor or other person as thedepartment considers appropriate.
(4)While deposited with the department, the cash or instruments in the deposit arenot subject to attachment or execution unless the attachment or executionarises out of a judgment against the person making the deposit for an accidentdescribed in ORS 558.050 and that results from a cause of action that accruedafter the deposit was made.
(5)The department shall issue the depositor a certificate evidencing the deposit. [2003c.175 §17]
558.055Hearing on application for license. Upon receipt of an application for alicense, the State Department of Agriculture shall fix the time and place for apublic hearing on the application. Such hearing shall be held in the countyseat of any county in which the proposed operation will be conducted. Thedepartment shall notify the applicant of the time and place of hearing in sufficienttime for the applicant to comply with the notice requirements of ORS 558.080 to558.100. [1975 c.420 §3]
558.060Issuance of license; conditions; licensee’s authority; use of materials otherthan described in license; renewal; fee. (1) The State Department of Agricultureshall act within 30 days, but shall only issue the license upon finding that:
(a)The applicant is qualified to undertake the weather modification operationproposed in the application;
(b)The production, management or conservation of water or energy resources oragricultural or forest crops could be benefited by the proposed weathermodification operation; and
(c)The proposed weather modification operation would not be injurious to thepublic health or safety.
(2)Each such license shall entitle the licensee to conduct the operationsdescribed in the license for one year from the date the license is issuedunless the license is sooner revoked or suspended. The conducting of anyweather modification operation or the use of any equipment or materials otherthan those described in the license shall be cause for revocation or suspensionof the license.
(3)The license may be renewed annually by payment of a filing fee in the sum of$50. If the application for renewal proposes any change in the previouslylicensed operation, or if the department determines that the public health orsafety may be adversely affected by continuation of the operation, thedepartment shall conduct a hearing on the application for renewal. The provisionsof ORS 558.055 and 558.080 to 558.100 shall apply to such hearing. [1953 c.654 §5;1975 c.420 §4]
558.065 [1965 c.336 §2;repealed by 1967 c.225 §1 (558.066 enacted in lieu of 558.065)]
558.066Governmental entities conducting weather modification at airport; exemption. The State ofOregon or its agencies, counties, cities, public corporations or politicalsubdivisions thereof or any person engaged by any of them for the purpose ofremoving or dispersing fog, or carrying out or performing any other weathermodification at an airport owned or operated by the State of Oregon or itsagencies, counties, cities, public corporations or political subdivisionsthereof, are exempt from the provisions of ORS 558.010 to 558.140 in respect tosuch operations at such airport only. [1967 c.225 §2 (enacted in lieu of558.065)]
558.070 [1953 c.654 §6;repealed by 1975 c.420 §12]
558.080Contents of hearing notice. The notice of hearing shall set forth all of thefollowing:
(1)The name and post-office address of the applicant.
(2)The name and post-office address of the person on whose behalf the weathermodification operation is to be conducted if other than the applicant.
(3)The nature and object of the weather modification operation which applicantproposes to conduct, including a general description of such operation.
(4)The method and type of equipment and the type and composition of the materialsthat the applicant proposes to use.
(5)The area in which and the approximate time during which the operation will beconducted.
(6)The area which will be affected by the operation as near as the same may bedetermined in advance.
(7)The time and place of the public hearing. [1953 c.654 §7; 1975 c.420 §5]
558.090Publication of notice of hearing. The applicant shall cause the notice ofhearing to be published at least once a week for two consecutive weeks in anewspaper having a general circulation and published within the county whereinthe proposed operation is to be conducted and in which the affected area islocated, or if the proposed operation is to be conducted in more than onecounty or if the affected area is located in more than one county or is locatedin a county other than the one in which the proposed operation is to beconducted, then such notice shall be published in like manner in a newspaperhaving a general circulation and published within each of such counties. Incase there is no newspaper published within the appropriate county, publicationshall be made in a newspaper having a general circulation within the county.The date of last publication shall be not less than three nor more than 10 daysprior to the date set for hearing. [1953 c.654 §8; 1975 c.420 §6]
558.100Proof of publication.Proof of publication shall be filed by the applicant with the State Departmentof Agriculture at the time of the hearing. Proof of publication shall be bycopy of the notice as published, attached to and made a part of the affidavitof the publisher or foreman of the newspaper publishing the notice. [1953 c.654§9; 1975 c.420 §7]
558.110Records and reports of operations; public examination. (1) Eachlicensee shall keep and maintain a record of all operations conducted by thelicensee pursuant to the license showing the method employed, the type of equipment,the type and composition of the materials used, the times and places ofoperation of the equipment, the name and post-office address of each personparticipating or assisting in the operation other than the licensee, theestimated precipitation for each licensed project, defining the gain or lossoccurring from the operations, together with supporting data therefor, and suchother information as may be required by the State Department of Agriculture,and shall report the same to the
558.415 Procedureto increase number of commissioners
558.430 Depositand withdrawal of moneys; annual reports; records
558.440 Specialelections
PENALTIES
558.990 Penalties
LICENSING
558.010Definitions for ORS 558.010 to 558.140. As used in ORS 558.010 to 558.140:
(1)“Department” means the State Department of Agriculture.
(2)“Person” includes any public or private corporation. [1953 c.654 §1; 1955 c.61 §4]
558.020Purpose of ORS 558.010 to 558.140. The purpose of ORS 558.010 to 558.140is to promote the public health, safety and welfare by providing for thelicensing, regulation and control of interference by artificial means with thenatural precipitation of rain, snow, hail, moisture or water in any formcontained in the atmosphere. [1953 c.654 §2]
558.030Artificial weather modification prohibited without license. No person,without securing a license from the State Department of Agriculture, shall causeor attempt to cause by artificial means condensation or precipitation of rain,snow, hail, moisture or water in any form contained in the atmosphere, or shallprevent or attempt to prevent by artificial means the natural condensation orprecipitation of rain, snow, hail, moisture or water in any form contained inthe atmosphere. [1953 c.654 §3]
558.040Application for license; fee. (1) Any person desiring to do any ofthe acts specified in ORS 558.030 shall file with the State Department ofAgriculture an application for a license on a form to be supplied by thedepartment for such purpose setting forth all of the following:
(a)The name and post-office address of the applicant.
(b)The education, experience and qualifications of the applicant, or if theapplicant is not an individual, the education, experience and qualifications ofthe persons who will be in control and in charge of the operation of theapplicant.
(c)The name and post-office address of the person on whose behalf the weathermodification operation is to be conducted if other than the applicant.
(d)The nature and object of the weather modification operation which applicantproposes to conduct, including a general description of such operation and themanner in which the production, management or conservation of water or energyresources or agricultural or forest crops could be benefited by the operation.
(e)The method and type of equipment and the type and composition of the materialsthat the applicant proposes to use.
(f)Such other pertinent information as the department may require.
(2)Each application shall be accompanied by a filing fee in the sum of $100, andproof of financial responsibility as required by ORS 558.050. [1953 c.654 §4;1975 c.420 §1]
558.050Proof of financial responsibility. (1) No license shall be issued to anyperson until the person has filed with the State Department of Agricultureproof of ability to respond in damages for liability on account of accidentsarising out of the weather modification operations to be conducted by theperson in the amount of $100,000 because of bodily injury to or death of oneperson resulting from any one accident, and, subject to said limit for oneperson, in the amount of $300,000 because of bodily injury to or death of twoor more persons resulting from any one accident, and in the amount of $300,000because of injury to or destruction of property of others resulting from anyone accident.
(2)Proof of financial responsibility may be given by filing with the department acertificate of insurance or a bond, an irrevocable letter of credit issued byan insured institution as defined in ORS 706.008 or a certificate evidencingdeposit of money in the same manner and with the same effect as provided by ORS558.052 to 558.054, 806.080 and 806.270. [1953 c.654 §13; 1975 c.420 §1a; 1983c.338 §961; 1991 c.331 §82; 1995 c.41 §3; 1997 c.631 §495; 2003 c.175 §13]
558.052Requirements for bonds used to meet financial responsibility. A bond used tocomply with financial responsibility requirements under ORS 558.050 must meetall of the following requirements:
(1)The bond must be in the amount required by ORS 558.050.
(2)The bond must be approved by a judge of a court of record in this state.
(3)The bond must contain a provision that it cannot be canceled except upon thegiving of 10 days’ prior written notice to the State Department of Agriculture.
(4)The bond must be provided by either of the following:
(a)A surety company.
(b)Two persons who are residents of Oregon and who each own real property in thisstate having together equities at least of the value required for the bondunder ORS 558.050.
(5)If the bond is provided by real property owners in this state, the bond mustcontain a schedule of the real property owned by each of the sureties that willbe used to meet the financial responsibility requirements of this state.
(6)The bond must be conditioned to pay, on behalf of the principal, the limits offinancial responsibility requirements under ORS 558.050.
(7)The bond must be conditioned to pay, on behalf of the principal, judgmentsagainst a person for accidents described in ORS 558.050 and must be subject toaction under ORS 558.053.
(8)The bond is subject to any rules adopted by the department relating to suchbonds. [2003 c.175 §15]
558.053Judgment against principal on bond; action against surety; satisfaction. (1) If ajudgment rendered against the principal on a bond described under ORS 558.052is not settled within 60 days after it has become final, a judgment creditor,for the judgment creditor’s own use and benefit and at the judgment creditor’ssole expense, may bring an action against any surety on the bond. An actionbrought under this section must be brought in the name of the state. An actionunder this section may include any action or proceeding to foreclose any lienestablished upon the real property of a surety under ORS 558.052.
(2)For purposes of this section, a judgment is satisfied when any of the followingoccurs:
(a)Payments in the amounts established by the payment schedule under ORS 558.050have been credited upon any judgment or judgments rendered in excess of thoseamounts.
(b)Judgments rendered for less than the amounts established under ORS 558.050 havebeen satisfied.
(c)The judgment creditor and the judgment debtor have mutually agreed upon acompromise settlement of the judgment.
(d)The judgment against the judgment debtor has been discharged in bankruptcy. [2003c.175 §16]
558.054Deposit of cash or other security to meet financial responsibility; rules; useof deposit.(1) A person may satisfy the financial responsibility requirements of ORS558.050 by depositing with the State Department of Agriculture the following:
(a)Cash;
(b)Legally issued general obligations of the United States, the agencies andinstrumentalities of the United States and the States of Oregon, Washington,Idaho and California;
(c)Certificates of deposit or other similar instruments if the instruments areinsured by the Federal Deposit Insurance Corporation; or
(d)Any combination of cash or instruments described in this subsection.
(2)The department shall hold the deposit under terms and conditions that thedepartment designates by rule. The department may deliver the deposit to theState Treasurer, who shall receive and hold the deposit subject to the order ofthe department. The depositor shall reimburse the State Treasurer for anyexpenses incurred by the State Treasurer in mailing, insuring, shipping ordelivering the cash or instruments in the deposit.
(3)The department, by order, may authorize the State Treasurer to use the depositas follows:
(a)To satisfy any execution on a judgment that is against the person making thedeposit for an accident described in ORS 558.050 and that results from a causeof action that accrued after the deposit was made; or
(b)To release any or all of the deposit to the depositor or other person as thedepartment considers appropriate.
(4)While deposited with the department, the cash or instruments in the deposit arenot subject to attachment or execution unless the attachment or executionarises out of a judgment against the person making the deposit for an accidentdescribed in ORS 558.050 and that results from a cause of action that accruedafter the deposit was made.
(5)The department shall issue the depositor a certificate evidencing the deposit. [2003c.175 §17]
558.055Hearing on application for license. Upon receipt of an application for alicense, the State Department of Agriculture shall fix the time and place for apublic hearing on the application. Such hearing shall be held in the countyseat of any county in which the proposed operation will be conducted. Thedepartment shall notify the applicant of the time and place of hearing in sufficienttime for the applicant to comply with the notice requirements of ORS 558.080 to558.100. [1975 c.420 §3]
558.060Issuance of license; conditions; licensee’s authority; use of materials otherthan described in license; renewal; fee. (1) The State Department of Agricultureshall act within 30 days, but shall only issue the license upon finding that:
(a)The applicant is qualified to undertake the weather modification operationproposed in the application;
(b)The production, management or conservation of water or energy resources oragricultural or forest crops could be benefited by the proposed weathermodification operation; and
(c)The proposed weather modification operation would not be injurious to thepublic health or safety.
(2)Each such license shall entitle the licensee to conduct the operationsdescribed in the license for one year from the date the license is issuedunless the license is sooner revoked or suspended. The conducting of anyweather modification operation or the use of any equipment or materials otherthan those described in the license shall be cause for revocation or suspensionof the license.
(3)The license may be renewed annually by payment of a filing fee in the sum of$50. If the application for renewal proposes any change in the previouslylicensed operation, or if the department determines that the public health orsafety may be adversely affected by continuation of the operation, thedepartment shall conduct a hearing on the application for renewal. The provisionsof ORS 558.055 and 558.080 to 558.100 shall apply to such hearing. [1953 c.654 §5;1975 c.420 §4]
558.065 [1965 c.336 §2;repealed by 1967 c.225 §1 (558.066 enacted in lieu of 558.065)]
558.066Governmental entities conducting weather modification at airport; exemption. The State ofOregon or its agencies, counties, cities, public corporations or politicalsubdivisions thereof or any person engaged by any of them for the purpose ofremoving or dispersing fog, or carrying out or performing any other weathermodification at an airport owned or operated by the State of Oregon or itsagencies, counties, cities, public corporations or political subdivisionsthereof, are exempt from the provisions of ORS 558.010 to 558.140 in respect tosuch operations at such airport only. [1967 c.225 §2 (enacted in lieu of558.065)]
558.070 [1953 c.654 §6;repealed by 1975 c.420 §12]
558.080Contents of hearing notice. The notice of hearing shall set forth all of thefollowing:
(1)The name and post-office address of the applicant.
(2)The name and post-office address of the person on whose behalf the weathermodification operation is to be conducted if other than the applicant.
(3)The nature and object of the weather modification operation which applicantproposes to conduct, including a general description of such operation.
(4)The method and type of equipment and the type and composition of the materialsthat the applicant proposes to use.
(5)The area in which and the approximate time during which the operation will beconducted.
(6)The area which will be affected by the operation as near as the same may bedetermined in advance.
(7)The time and place of the public hearing. [1953 c.654 §7; 1975 c.420 §5]
558.090Publication of notice of hearing. The applicant shall cause the notice ofhearing to be published at least once a week for two consecutive weeks in anewspaper having a general circulation and published within the county whereinthe proposed operation is to be conducted and in which the affected area islocated, or if the proposed operation is to be conducted in more than onecounty or if the affected area is located in more than one county or is locatedin a county other than the one in which the proposed operation is to beconducted, then such notice shall be published in like manner in a newspaperhaving a general circulation and published within each of such counties. Incase there is no newspaper published within the appropriate county, publicationshall be made in a newspaper having a general circulation within the county.The date of last publication shall be not less than three nor more than 10 daysprior to the date set for hearing. [1953 c.654 §8; 1975 c.420 §6]
558.100Proof of publication.Proof of publication shall be filed by the applicant with the State Departmentof Agriculture at the time of the hearing. Proof of publication shall be bycopy of the notice as published, attached to and made a part of the affidavitof the publisher or foreman of the newspaper publishing the notice. [1953 c.654§9; 1975 c.420 §7]
558.110Records and reports of operations; public examination. (1) Eachlicensee shall keep and maintain a record of all operations conducted by thelicensee pursuant to the license showing the method employed, the type of equipment,the type and composition of the materials used, the times and places ofoperation of the equipment, the name and post-office address of each personparticipating or assisting in the operation other than the licensee, theestimated precipitation for each licensed project, defining the gain or lossoccurring from the operations, together with supporting data therefor, and suchother information as may be required by the State Department of Agriculture,and shall report the same to the
