§179D-4 - Liability for damages.
§179D-4 Liability for damages. (a)
Nothing contained in this chapter shall be construed to constitute a waiver of
any immunity of the State and no action or failure to act under this chapter
shall be construed to create any liability in the State, board, department, or
its officers or employees, for the recovery of damages caused by the action or
failure to act.
(b) Nothing in this chapter and no order,
action, or advice of the State, board, department, or any representative
thereof, shall be construed to relieve an owner or operator of a dam or
reservoir of the legal duties, obligations, or liabilities incident to the
ownership or operation of a dam or reservoir; provided that an owner or
operator of a dam or reservoir shall not be liable for damages as a result of
only natural causes such as earthquakes of an average recurrence interval of
one thousand years, hurricanes, or extraordinary rains of an average recurrence
interval in excess of two hundred fifty years.
(c) The State assumes no ownership obligations,
responsibilities, or liability for any action pursuant to section 179D-24. [L
1987, c 199, pt of §1; am L 2007, c 262, §6]