N.M. Admin. Code § 19.17.2.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.17.2.7 - DEFINITIONS

Unless defined below or in a specific section, all other words used in these regulations shall be given their customary and accepted meanings.

A. "Applicant" means any individual, firm, partnership, association, company, corporation, business or public trust, federal agency, state agency, the state or any political subdivision thereof, municipalities and any other duly constituted legal entity that applies for a license.

B. "Application" means an application for a license submitted by an applicant to the commission.

C. "Apparatus" means any device used with the intention of producing artificial changes in the composition, motions and resulting behavior of the atmosphere.

D. "Commission" means the New Mexico interstate stream commission.

E. "Hearing participant" means an applicant, any person or entity filing a protest of an application or the commission's staff.

F. "License" means a specific written authorization issued by the commission to an operator that has met specified qualifications authorizing such operator to engage in operations pursuant to a specified project scope in the state of New Mexico.

G. "Operation" means the performance of any weather control activity undertaken for the purpose of producing or attempting to produce any form or modifying effect upon the weather in the state. An operation does not include:

(1) research, development and experimental weather control activities by state or federal agencies or institutions of higher learning, expected to last no longer than six (6) months;

(2) laboratory research and experiments;

(3) activities engaged in for purposes other than producing or attempting to produce any form of modifying effect upon the weather;

(4) emergency activities conducted by public entities for the purposes of fire control; and

(5) religious or cultural ceremonies, rites or acts that do not utilize artificial methods to alter weather phenomena.

H. "Operations area" means the area in which an operation is conducted to produce or attempt to produce the desired effects within the target area.

I. "Operations director" means the person, identified in a valid license, who has the knowledge, experience and qualifications necessary to design, manage, evaluate and take overall responsibility for an operation.

J. "Operator" means any individual, firm, partnership, association, company, corporation, business or public trust, federal agency, state agency, the state or any political subdivision thereof, municipalities and any other duly constituted legal entity, as identified in a license.

K. "Research and development" means the exploration, field experimentation and extension of investigative findings and theories of a scientific or technical nature for purposes that may lead to practical application for experimental or demonstration purpose, including the experimental production and testing of models, agents, apparatus and processes.

L. "Sponsor" means any person who enters into an agreement with an operator to support weather control activities.

M. "Suspension criteria" means criteria developed for a specific operation to avoid weather control during undesirable periods. Examples include excess snow pack accumulation, excess rainfall forecasts and national weather service forecasts of severe weather.

N. "Target area" means the surface area within which the effects of an operation are expected.

O. "Weather control" means changing or attempting to change by artificial methods, the composition, motions and resulting behavior of the atmosphere.

P. "Weather control committee" means a three-member panel comprised of commission members or commission staff as designated by the commission.

Q. "Weather control hypothesis" means a statement of expectations, which systematically describes certain assumptions and predicts an outcome in terms of operation effects, given specifics such as seeding mode and a project location and duration.

N.M. Admin. Code § 19.17.2.7

19.17.2.7 NMAC - N, 01-15-2005