North Dakota Century Code Title 61. Waters § 61-04.1-37. Liability of controller

1. An operation conducted under the license and permit requirements of this chapter is not an ultrahazardous or abnormally dangerous activity which makes the permittee subject to liability without fault.

2. Dissemination of materials and substances into the atmosphere by a permittee acting within the conditions and limits of the permittee's permit shall not constitute trespass.

3. Except as provided in this section and in section 61-04.1-36, nothing in this chapter shall prevent any person adversely affected by a weather modification operation from recovering damages resulting from negligent or intentionally harmful conduct by a permittee.

4. The fact that a person holds a license or was issued a permit under this chapter, or that the person has complied with the rules adopted by the board pursuant to this chapter, is not admissible as a defense in any legal action which may be brought against the person.