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Python GUI Programming
Cookbook
Second Edition

Develop beautiful and powerful GUIs using the Python

programming language

Burkhard A. Meier

BIRMINGHAM - MUMBAI
Python GUI Programming Cookbook
Second Edition
Copyright © 2017 Packt Publishing

All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or
transmitted in any form or by any means, without the prior written permission of the
publisher, except in the case of brief quotations embedded in critical articles or reviews.

Every effort has been made in the preparation of this book to ensure the accuracy of the
information presented. However, the information contained in this book is sold without
warranty, either express or implied. Neither the author, nor Packt Publishing, and its
dealers and distributors will be held liable for any damages caused or alleged to be caused
directly or indirectly by this book.

Packt Publishing has endeavored to provide trademark information about all of the
companies and products mentioned in this book by the appropriate use of capitals.
However, Packt Publishing cannot guarantee the accuracy of this information.

First published: November 2015

Second edition: May 2017

Production reference: 1190517

Published by Packt Publishing Ltd.

Livery Place
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ISBN 978-1-78712-945-0

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 Credits

Author Copy Editor

Burkhard A. Meier Muktikant Garimella

Reviewer Project Coordinator

Mohit Ulhas Kambali

Commissioning Editor Proofreader

Kunal Parikh Safis Editing

Acquisition Editor Indexer

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 About the Author
Burkhard A. Meier has more than 17 years of professional experience working in the
software industry as a software tester and developer, specializing in software test
automation development, execution, and analysis. He has a very strong background in
Python 3 software test automation development, as well as in SQL relational database
administration, the development of stored procedures, and debugging code.

While experienced in Visual Studio .NET C#, Visual Test, TestComplete, and other testing
languages (such as C/C++), the main focus of the author over the past five years has been
developing test automation written in Python 3 to test the leading edge of FLIR ONE (now
in its third generation) infrared cameras for iPhone and Android smart phones and
handheld tablets, as well as assuring the quality of FLIR bolometer IR camera platforms.

Being highly appreciative of art, beauty, and programming, the author developed GUIs in
C# and Python to streamline everyday test automation tasks, enabling these automated tests
to run unattended for weeks, collecting very useful data to be analyzed, automatically
plotted in graphs, and e-mailed to upper management upon completion of nightly
automated test runs.

His previous jobs include working as a senior test automation engineer and designer for
InfoGenesis (now Agilysys), QAD, InTouch Health, and FLIR Systems.

You can get in touch with him through his LinkedIn account, https://www.linkedin.com
/pub/burkhard-meier/5/246/296.

I would like to thank all truly great artists, such as Leonardo da Vinci, Charles Baudelaire,
Edgar Allan Poe, and so many more for bringing the presence of beauty into our human
lives. This book is about creating very beautiful GUIs written in the Python programming
language, and it was inspired by these truly great artists.
I would like to thank all of the great people that made this book possible. Without any of
you, this book would only exist in my mind. I would like to especially thank all of my
editors at Packt Publishing: Sonali, Anurag, Prashant, Vivek, Arwa, Sumeet, Saurabh,
Pramod, Nikhil, and so many more. I would also like to thank all of the reviewers of the
code of this book. Without them, this book would be harder to read and apply to real-world
problems. Last but not least, I'd like to thank my wife, our daughter, and our parents for
the emotional support they provided so successfully during the writing of the second
edition of this book. I'd also like to give thanks to the creator of the very beautiful and
powerful programming language that Python truly is. Thank you Guido.
 About the Reviewer
Mohit ([email protected]) is a Python programmer with a keen interest in the field
of information security. He completed his bachelor’s in technology in computer science
from Kurukshetra University, Kurukshetra, and master’s in engineering (2012) in computer
science from Thapar University, Patiala. He is a C|EH, ECSA from EC-Council USA and
former IBMer. He has published several articles in national and international magazines. He
is the author of Python Penetration Testing Essentials and Python Penetration Testing for
Developers, also by Packt Publishing.
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 Table of Contents
Preface 1
Chapter 1: Creating the GUI Form and Adding Widgets 7
Introduction 7
Creating our first Python GUI 9
Getting ready 9
How to do it… 10
How it works… 10
There's more… 11
Preventing the GUI from being resized 12
Getting ready 12
How to do it… 12
How it works… 13
Adding a label to the GUI form 14
Getting ready 14
How to do it… 14
How it works… 15
There's more… 16
Creating buttons and changing their text property 16
Getting ready 17
How to do it… 17
How it works… 18
There's more… 18
Text box widgets 19
Getting ready 19
How to do it… 19
How it works… 20
Setting the focus to a widget and disabling widgets 21
Getting ready 21
How to do it… 21
How it works… 23
There's more… 23
Combo box widgets 24
Getting ready 24
How to do it… 24
 How it works… 25
There's more… 26
Creating a check button with different initial states 26
Getting ready 26
How to do it… 27
How it works… 28
Using radio button widgets 28
Getting ready 29
How to do it… 29
How it works… 30
There's more… 31
Using scrolled text widgets 31
Getting ready 31
How to do it… 32
How it works… 33
Adding several widgets in a loop 34
Getting ready 34
How to do it… 34
How it works… 35
There's more… 35
Chapter 2: Layout Management 36
Introduction 36
Arranging several labels within a label frame widget 38
Getting ready 38
How to do it… 38
How it works… 40
There's more… 41
Using padding to add space around widgets 41
Getting ready 41
How to do it… 41
How it works… 42
How widgets dynamically expand the GUI 44
Getting ready 45
How to do it… 45
How it works… 49
There's more… 49
Aligning the GUI widgets by embedding frames within frames 49
Getting ready 49
How to do it… 50

[ ii ]
 How it works… 53
Creating menu bars 54
Getting ready 55
How to do it… 55
How it works… 61
There's more… 62
Creating tabbed widgets 62
Getting ready 62
How to do it… 63
How it works… 68
Using the grid layout manager 68
Getting ready… 68
How to do it… 68
How it works… 70
Chapter 3: Look and Feel Customization 71
Introduction 71
Creating message boxes – information, warning, and error 72
Getting ready 73
How to do it… 73
How it works… 75
How to create independent message boxes 77
Getting ready 77
How to do it… 77
How it works… 80
How to create the title of a tkinter window form 81
Getting ready 81
How to do it… 81
How it works… 81
Changing the icon of the main root window 82
Getting ready 82
How to do it… 82
How it works… 83
Using a spin box control 83
Getting ready 83
How to do it... 83
How it works… 87
Relief, sunken and raised appearance of widgets 87
Getting ready 87
How to do it… 88

[ iii ]
 How it works… 89
Creating tooltips using Python 90
Getting ready 90
How to do it… 91
How it works… 93
Adding a progressbar to the GUI 94
Getting ready 94
How to do it… 95
How it works… 97
How to use the canvas widget 97
Getting ready 97
How to do it… 98
How it works… 98
Chapter 4: Data and Classes 100
Introduction 100
How to use StringVar() 102
Getting ready 102
How to do it… 103
How it works… 105
How to get data from a widget 108
Getting ready 108
How to do it… 108
How it works… 109
Using module-level global variables 110
Getting ready 110
How to do it… 110
How it works… 111
How coding in classes can improve the GUI 114
Getting ready 115
How to do it… 115
How it works… 120
Writing callback functions 120
Getting ready 121
How to do it… 121
How it works… 121
Creating reusable GUI components 122
Getting ready 122
How to do it… 122
How it works… 126

[ iv ]
Chapter 5: Matplotlib Charts 127
Introduction 127
Creating beautiful charts using Matplotlib 128
Getting ready 128
How to do it… 129
How it works… 131
Installing Matplotlib using pip with whl extension 131
Getting ready 131
How to do it… 134
How it works… 137
Creating our first chart 138
Getting ready 138
How to do it… 138
How it works… 139
Placing labels on charts 140
Getting ready 140
How to do it... 140
How it works… 145
How to give the chart a legend 146
Getting ready 146
How to do it… 146
How it works… 149
Scaling charts 149
Getting ready 150
How to do it… 150
How it works… 151
Adjusting the scale of charts dynamically 152
Getting ready 152
How to do it… 152
How it works… 156
Chapter 6: Threads and Networking 157
Introduction 157
How to create multiple threads 159
Getting ready 160
How to do it… 160
How it works… 163
Starting a thread 163
Getting ready 163

[v]
 How to do it… 165
How it works… 168
Stopping a thread 169
Getting ready 169
How to do it… 169
How it works… 172
How to use queues 173
Getting ready 173
How to do it… 174
How it works… 179
Passing queues among different modules 179
Getting ready 180
How to do it… 180
How it works… 182
Using dialog widgets to copy files to your network 183
Getting ready 183
How to do it… 183
How it works… 193
Using TCP/IP to communicate via networks 194
Getting ready 194
How to do it… 194
How it works… 197
Using urlopen to read data from websites 197
Getting ready 197
How to do it… 197
How it works… 201
Chapter 7: Storing Data in our MySQL Database via our GUI 202
Introduction 202
Installing and connecting to a MySQL server from Python 204
Getting ready 204
How to do it… 207
How it works… 210
Configuring the MySQL database connection 210
Getting ready 211
How to do it… 211
How it works… 214
Designing the Python GUI database 215
Getting ready 215
How to do it… 215

[ vi ]
 How it works… 222
Using the SQL INSERT command 222
Getting ready 223
How to do it… 223
How it works… 225
Using the SQL UPDATE command 225
Getting ready 226
How to do it… 226
How it works… 230
Using the SQL DELETE command 231
Getting ready 231
How to do it… 231
How it works… 235
Storing and retrieving data from our MySQL database 235
Getting ready 235
How to do it… 235
How it works… 239
Using the MySQL workbench 239
Getting ready 240
How to do it… 240
How it works… 246
There's more… 246
Chapter 8: Internationalization and Testing 247
Introduction 247
Displaying widget text in different languages 249
Getting ready 249
How to do it… 249
How it works… 251
Changing the entire GUI language, all at once 252
Getting ready 252
How to do it… 252
How it works… 257
Localizing the GUI 257
Getting ready 258
How to do it… 258
How it works… 262
Preparing the GUI for internationalization 263
Getting ready 263
How to do it… 263

[ vii ]
 How it works… 267
How to design a GUI in an agile fashion 267
Getting ready 268
How to do it… 268
How it works… 271
Do we need to test the GUI code? 271
Getting ready 272
How to do it… 272
How it works… 275
Setting debug watches 275
Getting ready 276
How to do it… 276
How it works… 280
Configuring different debug output levels 280
Getting ready 280
How to do it… 281
How it works… 283
Creating self-testing code using Python's __main__ section 284
Getting ready 284
How to do it… 284
How it works… 289
Creating robust GUIs using unit tests 289
Getting ready 289
How to do it… 289
How it works… 293
How to write unit tests using the Eclipse PyDev IDE 293
Getting ready 294
How to do it… 294
How it works… 300
Chapter 9: Extending Our GUI with the wxPython Library 301
Introduction 301
Installing the wxPython library 303
Getting ready 303
How to do it… 303
How it works… 306
Creating our GUI in wxPython 306
Getting ready 307
How to do it… 307
How it works… 311

[ viii ]
 Quickly adding controls using wxPython 312
Getting ready 312
How to do it… 312
How it works… 317
Trying to embed a main wxPython app in a main tkinter app 318
Getting ready 318
How to do it… 319
How it works… 320
Trying to embed our tkinter GUI code into wxPython 321
Getting ready 321
How to do it… 321
How it works… 323
Using Python to control two different GUI frameworks 324
Getting ready 324
How to do it… 324
How it works… 326
Communicating between the two connected GUIs 327
Getting ready 328
How to do it… 328
How it works… 332
Chapter 10: Creating Amazing 3D GUIs with PyOpenGL and PyGLet 333
Introduction 333
PyOpenGL transforms our GUI 335
Getting ready 335
How to do it… 336
How it works… 339
Our GUI in 3D! 339
Getting ready 340
How to do it… 340
How it works… 344
Using bitmaps to make our GUI pretty 345
Getting ready 345
How to do it… 346
How it works… 348
PyGLet transforms our GUI easier than PyOpenGL 348
How to do it… 349
How it works… 351
Our GUI in amazing colors 351
Getting ready 352

[ ix ]
 How to do it… 352
How it works… 355
OpenGL animation 355
Getting ready 356
How to do it… 356
How it works… 362
Creating a slide show using tkinter 362
Getting ready 363
How to do it… 363
How it works… 368
Chapter 11: Best Practices 369
Introduction 369
Avoiding spaghetti code 370
Getting ready 371
How to do it… 371
How it works… 374
Using __init__ to connect modules 377
Getting ready 378
How to do it… 378
How it works… 383
Mixing fall-down and OOP coding 384
Getting ready 384
How to do it… 384
How it works… 388
Using a code naming convention 388
Getting ready 389
How to do it… 389
How it works… 391
When not to use OOP 392
Getting ready 392
How to do it… 392
How it works… 396
How to use design patterns successfully 396
Getting ready 396
How to do it… 396
How it works… 399
Avoiding complexity 399
Getting ready 399
How to do it… 400

[x]
 How it works… 404
GUI design using multiple notebooks 405
Getting ready 405
How to do it… 405
How it works… 409
Index 413

[ xi ]
 Preface
In the second edition of this book, we will explore the beautiful world of graphical user
interfaces (GUIs) using the Python programming language. We will be using the latest
version of Python 3. All of the recipes from the First Edition are included in this edition. We
have added a few new recipes to the Second Edition, which you might not easily find via a
Google search. I think these new recipes will be useful and interesting to the reader.

This is a programming cookbook. Every chapter is self-contained and explains a certain

programming solution. We will start very simply, yet throughout this book we will build a
working application written in Python 3. Each recipe will extend building this application.
Along the way, we will talk to networks, queues, databases, the OpenGL graphical library,
and many more technologies. We will apply design patterns and use best practices.

The book assumes that the reader has some experience using the Python programming
language, but that is not really required to successfully use this book. This book can also be
used as an introduction to the Python programming language, if, and only if, you are
dedicated in your desire to become a Pythonic programmer.

If you are an experienced developer in any other language, you will have a fun time
extending your professional toolbox by adding writing GUIs using Python to your toolbox.
Are you ready?

Let's start on our journey…

What this book covers

Chapter 1, Creating the GUI Form and Adding Widgets, explains how to develop our first GUI
in Python. We will start with the minimum code required to build a running GUI
application. Each recipe then adds different widgets to the GUI form.

Chapter 2, Layout Management, explores how to arrange widgets to create our Python GUI.
The grid layout manager is one of the most important layout tools built into tkinter that we
will be using.

Chapter 3, Look and Feel Customization, shows several examples of how to create a good look
and feel GUI. On a practical level, we will add functionality to the Help | About menu item
we created in one of the recipes.
Preface

Chapter 4, Data and Classes, discusses saving the data our GUI displays. We will start using
object-oriented programming (OOP) in order to extend Python's built-in functionality.

Chapter 5, Matplotlib Charts, explains how to create beautiful charts that visually represent
data. Depending upon the format of the data source, we can plot one or several columns of
data within the same chart.

Chapter 6, Threads and Networking, explains how to extend the functionality of our Python
GUI using threads, queues, and network connections. This will show us that our GUI is not
limited at all to the local scope of our PC.

Chapter 7, Storing Data in Our MySQL Database via Our GUI, shows us how to connect to a
MySQL database server. The first recipe in this chapter will show how to install the free
MySQL Server Community Edition, and in the following recipes we will create databases,
tables, and then load data into those tables as well as modify these data. We will also read
the data back out from the MySQL server into our GUI.

Chapter 8, Internationalization and Testing, shows how to internationalize our GUI by

displaying text on labels, buttons, tabs, and other widgets in different languages. We will
start simple and then explore how we can prepare our GUI for internationalization at the
design level. We will also explore several ways to automatically test our GUI using Python's
built-in unit testing framework.

Chapter 9, Extending Our GUI with the wxPython Library, introduces another Python GUI
toolkit that currently does not ship with Python. It is called wxPython, and we will be using
the Phoenix version of wxPython, which was designed to work well with Python 3.

Chapter 10, Creating Amazing 3D GUIs with PyOpenGL and PyGLet, shows how to transform
our GUI by giving it true three-dimensional capabilities. We will use two Python third-
party packages. PyOpenGL is a Python binding to the OpenGL standard, which is a
graphics library that comes built-in with all major operating systems. This gives the
resulting widgets a native look and feel. PyGLet is another such binding that we will
explore in this chapter. We will also show some code that directly uses the PyOpenGL
library. This is a low-level approach that might open some doors for the interested reader.

Chapter 11, Best Practices, explores different best practices that can help us to build our GUI
in an efficient way and keep it both maintainable and extendible. Best practices are
applicable to any good code, and our GUI is no exception to designing and implementing
good software practices.

[2]
Preface

What you need for this book

All required software for this book is available online and is free of charge. This starts with
Python 3 itself, and then extends to Python's add-on modules. In order to download any
required software, you will need a working Internet connection.

Who this book is for

This book is for programmers who wish to create a GUI. You might be surprised by what
we can achieve by creating beautiful, functional, and powerful GUIs using the Python
programming language. Python is a wonderful, intuitive programming language, and is
very easy to learn.

I invite you to start on this journey now. It will be a lot of fun!

Conventions
In this book, you will find a number of styles of text that distinguish between different
kinds of information. Here are some examples of these styles, and an explanation of their
meaning.

Code words in text, database table names, folder names, filenames, file extensions,
pathnames, and user input are shown as follows: "Using Python, we can create our own
classes using the class keyword instead of the def keyword."

A block of code is set as follows:

import tkinter as tk
win = tk.Tk()
win.title("Python GUI")
win.mainloop()

Any command-line input or output is written as follows:

pip install numpy-1.9.2+mkl-cp36-none-win_amd64.whl

New terms and important words are shown in bold. Words that you see on the screen, in
menus or dialog boxes for example, appear in the text like this: "Next, we will add
functionality to the menu items, for example, closing the main window by clicking the Exit
menu item and displaying a Help | About dialog."

[3]
Preface

Warnings or important notes appear in a box like this.

Tips and tricks appear like this.

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[4]
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[6]
Exploring the Variety of Random
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 703 (5) The limitation of the number of witnesses ; and (6)
Such other matters as may properly be dealt with to aid in
expediting the orderly conduct of the proceeding. 03.300 Conference
Results Stipulated : Upon conclusion of prehearing conference, the
parties shall immediately reduce the results thereof to the form of a
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received in evidence at a hearing and, when so received, shall be
binding on the parties with respect to the matters therein stipulated.
03.400 Consolidation : The Board, upon its own motion, or upon
motion by any party, may order two or more proceedings involving a
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such procedure. R2 8-3 2-04 HEARINGS 04.100 Hearing Officers:
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determine. 04.102 Qualification : (1) All appointments hereunder
shall be consistent with the purpose of obtaining objectivity and
impartiality in making decisions. (2) The hearing officer may be an
employee or a member of the Board. The Board may appoint as
hearing officer a person who is not an employee or member of the
Board. In such event, the hearing officer shall be an attorney at law
licensed to practice in the State of North Dakota, unless some other
person is agreed upon by all parties ; provided that such hearing
officer shall be considered an employee of the Board for the sole
purpose of compensation, if any. and authorization to conduct the
hearing and recommend findings of fact and a decision to the Board.
In all other respects, he shall be independent of the Board. (3) In all
cases, the Board retains discretion to conduct the hearing itself, in
which case an employee of the Board shall be the hearing officer.
04.103 Authority : The appointment of the hearing officer shall, to
the extent permitted by law, authorize and direct the hearing officer
to conduct the hearing and recommend a decision to the Board.
When evidence is to be taken in a proceeding, one or more of
examiners, when duly designated for that purpose, shall preside at
the hearing. An officer duly designated by the Board to preside at a
hearing shall have the authority to take any of the following actions
in the name of the Board. (1) To regulate the course of hearing ; (2)
To administer oath ; (3) To issue subpoenas ; (4) To take depositions
or cause same to be taken ; (5) To rule upon offers of proof and to
receive eivdence ; (6) To hold appropriate conferences before or
during hearings ; (7) To dispose of procedural matters but not to
dispose of motions made during hearings to dismiss proceedings or
other motion which involves a final determination of proceedings ;
(8) To exclude evidence which is cumulative or repetitious ; (9) To
authorize any party to furnish and serve designated late-filed
exhibits within a specified time after the close of the hearing; (10)
To order discovery ; (11) Within their discretion, or upon direction of
the Board, to certify any question to the Board for its consideration
and disposition ; and (12) To take any other action necessary or
appropriate to discharge the duties vested in them, consistent with
statutory or other authorities under which the Board functions and
with the rules, regulations and policies of the Board. 04.104
Limitations : Hearing officers shall perform no duties inconsistent
with their responsibilities as such. No officer shall in any proceeding
for an adjudication required by statute to be determined on the
record after opportunity for hearing, consult any person or party on
any fact in issue unless upon notice and opportunity for all parties to
participate. 04.105 Disqualification :
 704 (1) Any party may tile a petition with the Board to
disqualify any hearing officer. The Board shall determine the petition
in accordance with this subsection and enter its decision on the
record. (2) The Board may, for good cause, revoke the appointment
of any hearing officer upon the tiling of a petition of a party or upon
the Board's own motion. Any such revocation shall be effective upon
notice to the officer. (3) A hearing officer shall withdraw from
participation in a hearing at any time prior to the final determination
if he deems himself disqualified for any reason. (4) Whenever a
hearing officer withdraws or is disqualified, the Board shall .appoint
another in his place, without the need for such newly appointed
officer hearing evidence already presented in the case. 04.200
Discovery: 04.201 Agency Discovery (1) Information Upon request of
the Board or the hearing officer, any party to the matter shall furnish
to the Board or the hearing officer any information which the party
may have which is relevant to the matter under consideration. (2)
Examination of Records Upon request of the Board or the hearing
officer, any party shall allow the Board or any member, employee, or
agent of the Board, when authorized by it or the hearing officer, or
the officer himself, to examine and copy any books, papers, records
or memoranda pertaining to the matter under consideration. (3)
Inspection of Premises Upon request of the Board or the hearing
officer, any party shall allow the Board or any member, employee, or
agent of the Board when authorized by it or the hearing officer, or
the hearing officer himself, to enter upon any of the party's property
for the purpose of obtaining information, examining any physical
facility, or examining records or conducting surveys or investigations.
04.202 Discovery by Parties : (1) Parties other than the Board may
obtain discovery by examination of those public records which are in
possession of the hearing officer or the Board. Any party to a case
may request the Board or the hearing officer to exercise its powers
in subsection 04.201(1) to obtain public information or to issue a
subpoena as provided in 05.300. The Board or the hearing officer
may grant or deny such requests. A party may request voluntary
disclosure of information by any other party. (2) The deposition of
any witness or party required in any proceeding before the Board
may be taken in the same manner and on the same notice as in an
action pending in the district courts of this state. Any person whose
deposition is taken shall receive the same fees and mileage as a
witness in a civil case in the district courts and such costs shall be
paid by the party at whose insistence the deposition is taken. (3)
Interrogatories may be issued, in any proceeding before the Board,
in the same manner as in an action pending in tbe district courts of
this state. 04.300 Appearance: Interested parties shall enter their
appearances at the beginning of tbe hearing by giving their name
and address and briefly stating whether they appear in support of
the complaint or in opposition thereto, or otherwise. All such
appearances shall be noted on the record with a notation in whose
behalf each appearance is made. Included in such appearances shall
be the names of the members of the Board's staff participating in
the hearing of investigation and the names of any other persons
appearing for the Board. 04.400 Continuance : Before or after any
hearing, continuances may be granted by the Board for good and
sufficient cause. A motion for such a continuance shall l>e made in
writing, filed with the Board, and served on opposing counsel or
parties. Such motions shall be presented as far in advance of date
fixed for hearing as possible to insure favorable action. The Board
may affect a continuance before or after any hearing upon its own
motion. The hearing officer may grant oral or written requests for
continuances during any hearing. 04.500 Order of Procedure : In
hearings on formal complaints and petitions, fho complainant or
petitioner, as the case may be, shall open and close. In hearings on
an older to show cause, the respondent shall open and close. When
proceedings have been consolidated for hearing, the officer shall
designate who shall open and close. Intervenors shall follow the
parties in whose behalf the intervention is made; where the
intervention is not in support of an original party, the
 705 presiding officer shall designate at which stage such
intervenor shall be heard. In proceedings where the evidence is
materially within the knowledge or control of another party or
participant, the foregoing order or presentation may be varied by the
officer. 04.600 Appeal to Board From Ruling of Hearing Officer —
Offer of Proof : An appeal may be taken to the Board from a ruling
officer during the course of a hearing only where extraordinary
circumstances necessitate a prompt decision by the Board to prevent
detriment to the public interest. Any offer of proof made in
connection with an objection taken to any ruling of the hearing
officer rejecting or excluding proffered oral testimony shall consist of
a statement of the substance of the evidence which counsel
contends would be adduced by such testimony ; and, if the excluded
evidence in documentary or written form or reference to documents
or records, a copy of such evidence shall be marked for identification
and shall constitute the offer of proof. 04.700 Oral Argument :
04.701 Before Officer : When, in the opinion of the hearing officer,
time permits, and the nature of the proceedings, the complexity or
the importance of the issues of fact or law involved, and the public
interest warrant, such officer may, either on on his own motion, or at
the request of any party at or before the close of the taking of
testimony, allow and fix a time for the presentation of oral argument
imposing such limits of time on the argument as deemed
appropriate. Such arguments shall be transcribed and bound with -
the transcript of testimony, if a transcript is prepared. 04.702 Before
Board : Request for authority to present oral argument before the
Board may be made at the time of any appeal taken during the
hearing, at the conclusion of the taking or evidence, or on brief, at
such time as the Board may allow. The Board will fix the time for
oral argument, if allowed and notify the parties. 04.800 Briefs,
Proposed Findings of Fact and Conclusions of Law : 04.801 Each
party to any proceeding may file proposed findings of fact and
conclusions of law, briefs, or memoranda of law ; provided, however,
that the Board or hearing officer may direct any party to file
proposed findings of fact and conclusions of law, briefs, or
memoranda of law. 04.802 The Board or hearing officer shall fix the
time for the filing and service of proposed findings of fact and
conclusions of law, briefs, or memoranda of law, giving due regard
to the nature of the proceeding, the magnitude of the record, and
the complexity or importance of the issues involved, and he shall fix
the order in which such documents shall be filed. 04.803 Should a
party find that it is unable to meet the date for filing and serving
proposed findings of fact and conclusions of law, briefs, or
memoranda of law, such party shall so notify the Board or hearing
officer and the other parties in writing, therein setting forth the
reasons for such inability together with a request for an extension of
time to a date certain for filing and service. 04.804 When it is
ordered that proposed findings of fact and conclusions of law, briefs,
or memoranda of law be filed and served by the party initiating the
proceeding, and where such party fails to file and serve by the date
specified without complying with 04.803 above, the Board on its own
motion or the motion of any party may, in its discretion, dismiss the
proceeding. Such failure in the case of an intervenor, protestant, or
respondent may be deemed a waiver of the right to participate
further in the proceeding, and the Board on its own motion or the
motion of any party may so order. 04.805 Exhibits should not be
reproduced in a brief, but may, if desired, be reproduced in an
appendix to the brief. Every brief of more than twenty pages shall
contain a subject index, with page references, and the pages where
the citations appear. All briefs shall be as concise as possible. 04.806
All briefs shall be accompanied by certificate showing service upon
all parties or their attorneys who appeared at the hearing. One copy
of each brief shall be furnished for the use of the Board unless
otherwise directed by the Board or hearing officer. 04.900 Decisions
of the Board : In all cases in which more than one member or
employee of the Board shall act as hearing officer, only an odd
number of members or employees shall so act. In all cases in which
any matter shall be heard by more than one hearing officer, sitting
jointly, and in all cases in which the Board shall rule on any issue,
motion, or objection, the decision of the Board shall be determined
by vote.
 706 R2 8-3 2-0 5 EVIDENCE 05.100 Rules : The
admissibility of evidence shall be determined generally in accordance
with the practice in the district courts of this state, except to the
extent that these rules conflict therewith. However the Board or the
hearing officer may waive the usual common law or statutory rules
of evidence where such waiver is necessary to ascertain the
substantial rights of the public and interested parties. When
objection is made to the admissibility of evidence, the hearing officer
shall receive such evidence subject to later ruling by the Board.
05.200 Witnesses : Witnesses will be orally examined under oath
before the Board or hearing officer. Testimony may also be taken by
deposition as provided in 04.202(2) hereof. Written testimony of any
witness may be received when properly supported by the oral
testimony of its author. 05.300 Subpena : Subpenas for the
attendance of witnesses or for the production of documentary
evidence, unless directed by the Board upon its own motion, will
issue only upon application in writing to the Board, or to the hearing
officer, except that during a hearing such application may be made
orally on the record before the hearing officer who shall have the
authority to determine the relevancy and the materiality of the
evidence sought and to issue such subpoenas if warranted. Written
application shall specify the general relevance and materiality of the
testimony or documentary evidence sought, including, as to
documentary evidence, specifications as nearly as may be of the
documents desired and the facts to be proved by them. The cost of
serving any subpoena shall be paid by the party requesting it. Any
witness who is subpoenaed under the provisions of this rule and who
appears at the hearing shall receive the same fees and mileage as
witnesses in the district courts of this state, and such cost will be
paid by the part at whose insistence the witness appears. No witness
fees will be allowed except on a subpoena. 05.400 Stipulations : The
parties to any proceeding or investigation before the Board may, by
stipulation in writing, filed with the Board or orally entered in the
record, agree upon the facts, or any portion thereof involved in the
controversy, and any such stipulation may be received in evidence at
a hearing and when so received, shall be binding upon the parties
with respect to the matters stipulated therein. 05.500 Documentary
Evidence : 05.501 Where relevant and material matter offered in
evidence by any party is embraced in a book, paper, or a document
containing other matter not material or relevant, the party must
designate the matter so offered. If the other matter is in such
volume as wTould unnecessarily encumber the record, such book,
paper or document will not be received in evidence but may be
marked for identification and, if properly authenticated, the relevant
and material matter may be read into the record, or if the Board or
hearing officer directs, a true copy of such matter in proper form
shall be received as an exhibit and like copies delivered by the party
offering the same to all parties or their attorneys appearing at the
hearing who shall be afforded an opportunity to examine the entire
book, paper, or document and to offer in evidence in like manner
any portions thereof found to be material and relevant. 05.502 Any
matter contained on a report or other official document on file with
the Board may be offered in evidence by merely identifying the
report, document, or other file containing the matter so offered.
05.600 Exhibits: 05.601 Exhibits must be on paper of good quality
and so prepared as to be plainly legible and durable whether
printed, typewritten, mimeographed, photographed or otherwise,
and if possible should be folded to a size not to exceed 8% by 14
inches. Whenever practicable, the sheets of each exhibit and line of
each sheet should be numbered, and if the exhibit consists of five or
more sheets, the first sheet or title page should contain a brief
statement of what the exhibit purports to Show with reference by
sheet and line to illustrative or typical example contained in the
exhibit. Whenever practicable, documents produced by a single
witness shall he assembled and bound together suitably arranged
and Indexed so that they may he identified and offered as one
exhibit. The source of all material contained in any exhibit should he
definitely shown. 05.602 Two copies of each exhibit will be furnished
for the use of the Board whenever it shall request; copies must also
be available for all parties of record in a proceeding 05.700 Official
Notice : The Board or the examiner may take notice of any fact or
facts set forth in duly established regulations, annual reports, or any
statisti 
 707 cal data to which reference is made on the record at
the hearing or any facts which are judicially noticed by the courts of
this state, as set forth in Section 31-10-02. R2 8-3 2-0 6
REOPENING, REHEARING, REVIEW 06.100 Petition to Reopen : At
any time after the conclusion of a hearing, but before entry of the
final order by the Board, any party to a proceeding may file with the
Board a petition to reopen the proceeding for the purpose of taking
additional evidence. 06.101 Such petition shall set forth clearly the
facts claimed to constitute the grounds requiring reopening of the
proceeding, including the material changes of fact or law alleged to
have occurred since the conclusion of the hearing. 06.102 A copy of
the petition to reopen shall be served by the petitioning party upon
all parties to the proceedings or their attorneys of record, and a
certificate to that effect will be attached to the petition when filed
with the Board. 06.103 Within ten days following the service of any
petition to reopen, any other party to the proceeding may file with
the Board his answer thereto. Any party not filing such answer is in
default thereof and shall be deemed to have waived any objection to
the granting of such petition. If, after the hearing in a proceeding,
either before or after the issuance of its final order, or if no hearing
has been held, only after the issuance of its final order, the Board
shall have reason to believe the conditions of fact or law have so
changed as to require, or that public interest requires, the reopening
of such proceeding, the Board may issue an order for the reopening
of the same. The Board shall act on any petition to reopen within ten
days of receipt thereof and may, in its discretion, hear oral argument
on any such petition. 06.200 Petition for Rehearing : 06.201 A
petition for rehearing of a proceeding must be filed within fifteen
days after a copy of the final order has been sent to the petitioning
party by the Board. 06.202 Such petition shall state concisely the
alleged errors in the Board's decision or order and the specific
grounds relied upon by the petitioner. If an order of the Board is
sought to be vacated, reversed, or modified by reason of matters
that have arisen since the hearing and decision or order, or by
reason of a consequence that would result from the compliance
therewith, the matters relied upon by the petitioner shall be set forth
in the petition. 06.203 A petition for rehearing shall be served by the
petitioner upon all parties to the proceeding or their attorneys of
record. 06.204 Within ten days following the service of such petition,
any party to the proceeding may file with the Board his answer
thereto. Any party not filing such an answer is in default thereof and
shall be deemed to have waived any objection to the granting of
such petition. 06.205 The Board shall act on any petition for
rehearing within ten days of receipt thereof and may, in its
discretion, hear oral argument on such petition. 06.300 Appeal : Any
party to a proceeding conducted pursuant to these rules or other
provisions of Chapter 28-32 shall have the right of appeal, in the
manner provided in Chapter 28-32, from any adverse ruling by the
Board. Such appeal shall not be a trial de novo but shall be limited
to the hearing record and to those issues specified in Section 28-32-
19. Utah State of Utah, Department of Natural Resources, Division of
Water Resources Rules, Regulations, and Procedures cloud seeding
resolution Whereas, the Utah Cloud Seeding Act of 1973, Laws of
Utah, Chapter 193, authorizes the Utah Division of Water Resources
to adopt such rules and regulations as are necessary in the
performance of its powers and duties pursuant to the Cloud Seeding
to Increase Precipitation Act and Whereas, after careful deliberation
and extensive study, the Utah Division of Water Resources has
prepared such rules and regulations and has circulated same so far
as practical to interested governmental bodies, groups, and
individuals for their information and comments ; and Whereas, the
Utah Division of Water Resources has considered and deliberated on
the form and content of each proposed rule in the light of any and
all suggestions from its staff, and other interested persons ; and
 708 Whereas, the Utah Board of Water Resources at its
regular meeting on September 26, 1973, considered the proposed
Rules and Regulations Relating to Cloud Seeding Activities ; Now,
therefore, be it Resolved, That the Utah Division of Water Resources
adopt the following Rules and Regulations relating to the Utah Cloud
Seeding Act of 1973 on an interim basis, until such time as
experience shows that the Rules should be modified. I hereby certify
that the above Resolution was adopted by the Utah Division of Water
Resources on September 26, 1973. Daniel F. Lawrence, Director,
Utah Division of Water Resources. Definitions 1. "Act" or "Cloud
Seeding Act" means the 1973 Cloud Seeding To Increase
Precipitation Act, Laws of Utah, Chapter 193. 2. "Cloud Seeding" or
"Weather Modification" means all acts undertaken to artificially
distribute or create nuclei in cloud masses for the purposes of
altering precipitation, cloud forms, or other meteorological
parameters. 3. "Cloud Seeding Project" means a planned project to
evaluate meteorological conditions, perform cloud seeding, and
evaluate results. 4. "Board" means the Utah Board of Water
Resources, which is the policy making body of the Utah Division of
Water Resources. 5. "Director" means the Director of the Utah
Division of Water Resources. 6. "Utah Division of Water Resources"
means the Director and staff of the Utah Division of Water
Resources. 7. "License" means a certificate issued by the Utah
Division of Water Resource?? certifying that the holder has met the
minimum requirements in cloud seeding technology set forth by the
State of Utah, and is qualified to apply for a permit for a cloud
seeding project. 8. "Licensed Contractor" means a person or
organization duly licensed for cloud seeding activities in the State of
Utah. 9. "Permit" means a certification of project approval to conduct
a specific cloud seeding project within the State under the conditions
and within the limitations required and established under the
provision of these Rules. 10. "Sponsor" means the responsible
individual or organization that enters into an agreement with a
licensed contractor to implement a cloud seeding project Chapter I
GENERAL PROVISIONS 1. Authority : The State of Utah through the
Division of Water Resources shall be the only entity, private or
public, that shall have authority to authorize, sponsor, and/or
develop cloud seeding research, evaluation, or implementation
projects to alter precipitation, cloud forms, or meteorological
parameters within the State of Utah. 2. Ownership of Water : All
water derived as a result of cloud seeding shall be considered as a
part of Utah's basic water supply the same as all natural
precipitation water supplies have been heretofore, and all statutory
provisions that apply to water from natural precipitation shall also
apply to water derived from cloud seeding. 3. Notice to State
Engineer : The Director of the Utah Division of Water Resources
shall, by written communication, notify the Director of the Utah
Division of Water Rights of any applications for cloud seeding
permits within ten (10) days of receiving such applications. 4.
Consultation and Assistance : The Utah Division of Water Resources
may contract with the Utah Water Research Laboratory, or any other
individual or organization, for consultation and/or assistance in
developing cloud seeding projects or in furthering necessary
research of cloud seeding or other factors that may be affected by
cloud seeding activities. 5. State and County Cooperation : The Utah
Division of Water Resources shall encourage, cooperate, and work
with individual counties, multi-county districts for planning and
development, and groups of counties in the development of cloud
seeding projects and issuance of permits.
 709 6. Statewide or Area wide Cloud Seeding Project : The
State of Utah through the Division of Water Resources reserves the
right to develop Statewide or areawide cloud seeding programs
where the Utah Division of Water Resources may contract directly
with licensed contractors to increase precipitation. The Utah Division
of Water Resources may also work with individual counties,
multicounty districts for planning and development, organizations or
groups of counties, or private organizations, to develop Statewide or
areawide cloud seeding projects. 7. Liability : (a) Trespass. — The
mere dissemination of materials and substances into the atmosphere
or causing precipitation pursuant to an authorized cloud seeding
project, shall not give rise to any presumption that such use of the
atmosphere or lands constitutes trespass or involves an actionable or
enjoinable public or private nuisance. (b) Immunity. — Nothing in
these Rules and Regulations shall be construed to impose or accept
any liability or responsibility on the part of the State of Utah or any
of its agencies, or any State officials or State employees or cloud
seeding authorities, for any weather modification activities of any
person or licensed contractor as defined in these Rules and
Regulations as provided by Laws of Utah, Chapter 63. 8. Rules: (a)
Purpose. — The Rules contained herein are adopted for the purpose
of ensuring both continued research and appropriate application of
weather modification technology to the needs of Utah, and for
minimizing the danger of weather modification activities to health
and property, thus facilitating administration and enforcement of the
State of Utah Cloud Seeding Act of 1973, Laws of Utah, Chapter 193.
(&) Use and Limitation. — These Rules are prescribed for the
performance of the statutory powers and functions vested in the
Utah Division of Water Resources. In no event shall any Rule, or
Ru^s, be construed as a limitation or restriction upon the exercise of
any statutory power of the Utah Division of Water Resources. (c)
Suspension and Waiver of Rules. — The Utah Division of Water
Resources may suspend or waive a Rule, in whole or in part, upon a
showing of good cause ; or when, in the discretion of the Utah
Division of Water Resources, the particular facts or circumstances
render such suspension or waiver of the Rule appropriate. (d)
Amending of Rules. — These Rules may be amended from time to
time and new Rules may be adopted by the Utah Division of Water
Resources. Chapter II UTAH BOARD OF WATER RESOURCES 1.
Review of License and Permit : The Board may review applications
for Licenses and Permits and submit recommendations to the
Director for his consideration for action on the applications. 2. Policy
Recommendations: The Board may advise and make
recommendations concerning legislation, policies, administration,
research, and other matters related to cloud seeding and weather
modification activities to the Director and technical staff of the Utah
Division of Water Resources. Chapter III WEATHER MODIFICATION
ADVISORY COMMITTEE 1. Creation of Weather Modification Advisory
Committee : An advisory committee may be created by the Director
of the Utah Division of Water Resources. Members of this committee
shall be appointed by the Director, and serve for a period of time as
determined by the Director. 2. Duties of Weather Modification
Advisory Committee : (a) Advise the Director and technical staff of
the Utah Division of Water Resources on application for licenses and
permits ; (b) Advise and make recommendations concerning
legislation, policies, administration, research, and other matters
related to cloud seeding and weather modification activities to the
Director and technical staff of the Utah Division of Water Resources.
 710 Chapter IV LICENSE AND PERMIT REQUIRED 1.
License and Permit Required : It is unlawful for any person or
organization, not specifically exempted by law and these Rules, to
act or perform services as a weather modifier, without obtaining a
license and permit as provided for in the Cloud Seeding Act and
these Rules. 2. To Whom License May Be Issued : Licenses to
engage in activities for weather modification and control shall be
issued to applicants who meet the requirements set out in the Act
and Chapter V of these Rules. If the applicant is an organization,
these requirements shall be met by the individual or individuals who
are to be in control and in charge of the applicant's weather
modification operations. 3. To Whom Permit May Be Issued : A
permit may be issued to a licensed contractor as prescribed in
Chapter VI of these Rules. 4. License and Permit Not Required :
Individuals and organizations engaging in the following activities,
and only the for owing activities, are exempt from the license and
permit requirements of these Rules : (a) Research performed wholly
within laboratory facilities; (b) Cloud Seeding activities for the
suppression of fog ; (c) Fire fighting activities where water or
chemical preparations are applied directly to fires, without intent to
modify the weather ; (d) Frost and fog protective measures provided
through the application of water and/or heat by orchard heaters or
similar devices, or by mixing of the lower layers of the atmosphere
by helicopters or other type of aircraft where no chemical are
dispensed into the atmosphere, other than normal combustion by-
products and engine exhaust ; and (e) Inadvertent weather
modification (such as emissions from industrial stacks.) 5. Effective
Period of License : Each license shall be issued for a period of one
(1) year. A licensee may renew an expired license in the manner
prescribed by these rules. 6. Effective Period of Permit : Each permit
shall be issued for a period as required by a proposed cloud seeding
project, but not exceeding one (1) year. Chapter V PROCEDURES
FOR ACQUISITION AND RENEWAL OF LICENSE 1. Application for
License : In order to qualify for a cloud seeding license an applicant
must : (a) Submit a properly completed application to the Utah
Division of Water Resources ; and (b) Submit to the Utah Division of
Water Resources evidence of (1) the possession by the applicant of
a baccalaureate or higher degree in meteorology or related physical
science or engineering and at least five years' experience in the field
of meteorology, or (2) such other training and experience as may be
acceptable to the Utah Division of Water Resources as indicative of
sufficient competence in the field of meteorology to engage in cloud
seeding activities. 2. Renewal of License : A licensee may qualify for
a renewal of a license by submitting an application for renewal. In
the case of an organization, the application for renewal must state
whether the personnel, on the basis of whose qualifications the
original license was issued, continue to be in control and in charge of
the organization's cloud seeding operations ; or, if the organization
has acquired replacement personnel, that there has been a change
in personnel. If the organization has hired replacement personnel,
the organization shall attach to its application for renewal a
statement setting forth the names and qualifications of said
personnel. Licensee should file an application for renewal thirty (30)
days prior to the expiration date of his license. Chapter VI
PROCEDURES FOR ACQUISITION OF PERMIT 1. Application for
Permit : In order to qualify for receipt of a cloud seeding permit a
licensee must :
 711 (a) Submit a properly completed letter of application to
the Utah Division of Water Resources, which shall include the name
and qualifications of the person or persons who will be in control of,
and in charge of the operations for the licensee. These qualifications
shall comply with Chapter V Section B-l of these Rules and
Regulations ; (b) Demonstrate to the satisfaction of the Director his
ability to respond in damages for liability which might reasonably
arise as a result of the applicant's proposed cloud seeding activities ;
(c) File a copy of the contract or proposed contract between the
sponsor and licensed contractor relating to the project ; (d) Submit
copies of all pamphlets and promotional material distributed in
connection with the project ; (e) Submit the plan of operation for the
project, including a map showing locations of all equipment to be
used as well as equipment descriptions ; (f) Receive preliminary
approval of the project from the Director before proceeding with
notices of intent described in Chapter VI, Item 1, (g) and (h) of
these Rules. (g) File with the Utah Division of Water Resources and
the Utah Division of Water Rights a notice of intention for publication
which sets forth at least all of the following : (1) the name and
address of the applicant ; (2) the date he received a proper cloud
seeding license, and all dates of renewal ; (3) the nature and the
object of the intended operations, aind the person or organization on
whose behalf it is to be conducted ; (4) the specific area in which,
and the approximate date and time during which, the operation will
be conducted ; (5) the specific area which is intended to be affected
by the operation ; (6) the materials and methods to be used in
conducting the operation ; and (7) a statement that persons
interested in such permit application should contact the Utah
Division of Water Resources. (h) File with the Utah Division of Water
Resources, within fifteen (15) days from the last date of the
publication of notice, proof that the applicant caused the notice of
intention to be published at least once a week for three (3)
consecutive weeks in a newspaper having a general circulation
within each county in which the operation is to be conducted and in
which the affected area is located. Publication of notice shall not
commence until the applicant has received approval of the form and
substance of the notice of intention from the Director. 2. Issuance of
a Permit : A permit shall not be issued prior to the expiration of ten
(10) days following the last date of publication of the notice of
intent. 3. Description of Permit : A licensee shall comply with all the
requirements set out in his permit. A permit shall include the
following : (a) The effective period of the permit, which shall not
exceed one year ; (b) The location of the operation ; (c) The method
(s) which may be employed : and (d) Other necessary terms,
requirements, and conditions. 4. Authority to Amend a Permit : The
Utah Division of Water Resources may amend the terms of a permit
after issuance thereof if the Utah Division of Water Resources
determines that it is in the public interest. Chapter VII REVOCATION
AND SUSPENSION OF LICENSES AND PERMITS 1. Automatic
suspension of a Permit : Any cloud seeding permit issued under the
terms of these Rules shall be suspended automatically if the
licensee's cloud seeding license should expire, or in the case of an
organization being the licensee, if the person listed on the
application for the permit as being in control of. and in charge of,
operations for the licensee should become incapacitated, leave the
employment of the licensee, or for any other reason be unable to
continue to be in control of, and in charge of, the operation in
question ; and a replacement, approved by the Director, has not
been obtained. 2. Reinstatement of Permit : A permit which is
suspended under Chapter VII, Item 1, may be, at the discretion of
the Director, reinstated following renewal of
 712 the expired license, or submission of an amended
personnel statement nominating a person whose qualifications for
controlling and being in charge of the operation are acceptable to
the Director. 3. Director's Authority to Suspend or Revoke Licenses
and Permits: The Director may suspend or revoke any existing
license or permit for the following reasons : (a) If the licensee no
longer possesses the qualifications necessary for the issuance of a
license or permit ; (b) If the licensee has violated any of the
provisions of the Cloud Seeding Act; (c) If the licensee has violated
any of the provisions of these Rules ; or (d) If the licensee has
violated any provisions of his license and/or permit. Chapter VIII
RECORD KEEPING AND REPORTS 1. Information To Be Recorded :
Any individual or organization conducting weather modification
operations in Utah shall keep and maintain a record of each
operation which he conducts. For the purposes of this Chapter, the
daily log required by Title 15, Chapter IX, Sub-Chapter A, Part 908,
Section 908.8 (a), Code of Federal Regulations, November 1, 1972,
as amended, and the supplemental information required by Sections
908.8 (b), (c), and (d) will be considered adequate, provided that
each applicant for a weather modification permit submit with his
application a list containing the name and post office address of
each individual who will participate or assist in the operation, and
promptly report any changes or additions to this list to the Utah
Division of Water Resources. 2. Reports: (a) Each individual and
organization conducting weather modification operations in Utah
shall submit copies of the daily log and supplemental information
described in Chapter VIII, Item 1, for each month, to the Utah
Division of Water Resources by the last day of each succeeding
month. (b) Information copies of all other reports required by Title
15, Chapter IX, Sub-Chapter A, Part. 908, Sections 908.5, 908.6, and
908.7, Code of Federal Regulations, shall be submitted to the Utah
Division of Water Resources as soon as practicable, but in no case
later than the deadlines set by the Federal Regulation. (c) Copies of
all reports, publications, pamphlets, and evaluations made by either
the licensed contractor or sponsor regarding a cloud seeding project
must be submitted to the Utah Division of Water Resources at the
time these are made public. (d) In relation to any evaluations made
for cloud seeding effectiveness, both the method of evaluation and
the data used shall be submitted to the Utah Division of Water
Resources. Chapter IX SUSPENSION OF CLOUD SEEDING
OPERATION The policy in regard to suspension of seeding because
of potential flood danger due to excessive snowpack shall be as
follows : 1 All watersheds in a designated cloud seeding target area
shall be monitored monthly by the Director of the Division of Water
Resources. 2. When it is determined that any watershed in the
designated cloud seeding target area has reached a critical
maximum value, a thorough investigation of this watershed shall be
conducted by the Division of Water Resources to determine if cloud
seeding should be suspended. Washington
The text on this page is estimated to be only 10.18%
accurate

713 FORM OF OKDLK AND TRANSMIT! M. HY ACiLNC'Y

IIAVINf. SlNCl.L HtAl) Stale of \\ jshincion DEPARTMENT OF
ECOLOGY __ (agency name) Administrate Order No. PE ">">-29 (ill.
Elmer C. Voqel, djyujJLydi the Department of Ecology, jo pnmMiFJic
...>j .,j..ni m the Department. oi-Ecoiflgy^_j,dcey . Washington
repealing chapter 508-20 KPC (Weather Modification Rules) and
adopting chapter 173-495 (Weather Modification) . This action is
taken since chapter 509-20 KAC is obsolete it. form and content. The
new chapter is restructured in currently approved format and
contains definitive instructions lrclonenting the intent of chapter
43.37 RCW — Weather Modification. Procedures for license and
pormit application are more clearly defined, exerrpt activities are
brought into consonance with chapter 43.37 FCW, and Proof of
Financial Responsibility is defined. (2) VI URN ATI W V I x< mil* 1i*r
Adoption of I'crnuncnl Rulrx Thix action ix lakes purxu.ini lo Notice
No 7836 I tied with ihe v.mJc reviser on J.0/27/77 v,uch »hjll take
elTo.1 X ssnajant lu RC»" U (14 040(2) si j laicr dale, xuch dale being
12) Al.TKRNATIVK B. I x* unit for Adoption of » nK-r^nci Rulo lind
an csscrfcsic] e»rxts jnd ih.ii the lurefteng urdcf >x ncccxx..re lor the
prtNcn Hhw i«i ihc public health gcncr.il »ell.irc and Ihji uthcrvasce oi
the rcuuocnicnix of not ice .md .ippi.riunii » lo prexent *ic»x .in
nropuxvd aetiua »ouid be oaairarj to public interest A kiaicmcai o>
ihc facl* conMiiuitna >uch emergency is Such rulv> arc llnrcfure
adufled ix cmcrgcnc* ryk> lu Lake effect upon lihn; mlh 'he code
rcvixcr (1| Pursu.mi in the rcuuircmcmx of RC VV U 04 1 1977 e l<>
§ Jl' lh.il "every apenc) xhjll inco'por.uc it miiM xnccilic bill m n.* c.ixc
iHhil .ill of Ihe following language ahtffAJIive* v. hen .idoptni£ or
jmcndmj: rulex* 1 1 ■ 1 1 MMCSSCM (j). Ibl .ir III .ix aflprufWialcl X
(a) Th.x rule ix pr.i.m.le.iicd purxu.ini l.i R( VV 43 . 37 and ix
intended lu adimnislr.ilivclt implement thai »i.uuie lb) Thix rule ix
promulgated purxujni lo Hi VV which dircvt' ih.n ihc latency] hax
aulhorii) lu mi pic men I ihc prmriMua* of (mimic ..I Jxl .ir RC W
cl.il.onl |C| Thix ruk i» promulgncd under ihe general rule making
.tuihoriti of Ihc ■agency I at SjMhuh/cd in RC W (4) The ■MfcliiBWd
hereto dccl.trc-x ih.n he h..x complied »nh ihe provix„mx of ihc Open
Public Meeting*. A. i (chapter 42..W RCVVi i l,c AdmmiMralire
■•ruccilnrc Act (chapter 14 114 RCW) ..r ihc Higher I iluc.il
Adminixir.,1, vc I'roceclurc Act (eh.ipur MH II RAW I. .ix appropriate,
.incl ihc Male Rcgixtcr Ad leh.ipier .14 UK Kt V, | (A) Ihix order after
bong hrxi recorded in ihc mdef rcgiMCt "f ihix agci*c\ ix herewith
transmuted lo ihc Code Reviser fur bhnf piirxuant hi elwrMer 14 IM
RCW jnd xh.ipicr I 12 WAC
 714 Chapter 173-495 WAC WEATHER MODIFICATION WAC
173-495-010 Purpose. — The Department of Ecology, under the
authority vested in it by Chapter 43.37 RCW, is charged with
responsibilities for the supervision and control of all weather
modification activities within the state, and representation by the
state in all interstate contracts relating to weather modification and
control. This regulation provides the basic framework for carrying
out the state's responsibility for such a program through the
establishment of license and permit requirements and procedures,
report requirements, and fee requirements. The provisions of this
chapter shall apply to all weather modification activities in all parts
of the state except as specifically exempted in this chapter and or in
chapter 43.37 RCW. WAC 173-495-020 Definitions. — As used in
these regulations unless the context requires otherwise: ( 1 )
"Department" means the Department of Ecology. ( 2 i ' Operation"
means the performance of weather modification and control
activities pursuant to a single contract entered into for the purpose
of producing or attempting to produce a certain modifying effect
within one geographical area over one continuing time interval not
exceeding one (1) year; or in the case of the performance of
weather modification and control activities, individually or jointly, by
a person or persons to be benefited and not undertaken pursuant to
a contract, operation means the performance of weather
modification and control dtttivities entered into for the purpose of
producing, or attempting to produce, a certain modifying effect
within one geographical area and one continuing time interval not
exceeding one (1) year. (3) "Research and Development" means
theoretical analysis, exploration and experimentation, and the
extension of investigative findings of theories of a scientific or
technical nature into practical application for experimental and
demonstration purposes, including the experimental production and
testing of models, devices, equipment, materials, and processing.
(4) "Weather Modification and Control" means changing or
controlling, or attempting to change or control by artificial methods
the natural development of any or all atmospheric cloud forms or
precipitation forms which occur in the troposphere. WAC 178-495-
030 Requirement for Licenses and Permits. — No person shall
engage in weather modification activities except under and in
accordance with a license and a permit issued by the department,
unless specifically exempt from this requirement in WAC 173-495-
050. WAC 173-495-040 Exempt Activities — Requirements of Those
Exempted. — The following weather modification and control activity
shall be exempt from the license requirement of RCW 43.37.100. the
permit requirements of RCW 43.37.100, and the liability
requirements of RCW 43.37.190 : (1) All research and experiments
related to weather modification control conducted within
laboratories. (2) Those weather modification operations designed to
alleviate sudden, unezpected, hazardous conditions which require
expeditious localized action for: (a) protection against fire (b)
prevention of frost (c) dispersal of fog (3) Field research and
development by institutions of higher learning. (4) Any person
proposing to conduct weather modification and control activities as
described in subsection (2) above shall make every reasonable effort
prior thereto to notify the Department of Ecology, headquarters
offices in Olympia, Washington, of the type of activity to be carried
out. the person carrying out the activity and the materials and
technique of application to be used. (5) Any person proposing to
conduct weather modification and control activities as described in
subsection (3) above shall provide a written description of the
proposed program, notice of actual operations ten (10) days prior to
com mencement. and quarterly reports of operations and status to
the headquarters office Department of Ecology, Olympia,
Washington. WAC 11.', -.',.9.7 0>,~> Qualifications for License —
Regular. — All applicants for a weather modification license shall be
certified professional members of the American Meteorological
Society or possess the academic achievements and professional
experience necessary to receive such certification. In cases where
the applicant is an organization, the individual or individuals who will
be in control
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