A. For a personal injury or property damage action that arises out of the transportation, distribution or use of remediated water, remediated water is deemed reasonably safe and fit for consumption and use and the provider or user is deemed to have acted reasonably if any of the following applies:

Terms Used In Arizona Laws 12-820.09

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Injury: means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that would be actionable if inflicted by a private person. See Arizona Laws 12-820
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • State: means this state and any state agency, board, commission or department. See Arizona Laws 12-820
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215

1. The remediated water complies with applicable state or federal standards.

2. The remediation has been conducted pursuant to an approved remedial action plan under the water quality assurance revolving fund program established pursuant to Title 49, Chapter 2, Article 5

3. The remediation has been conducted pursuant to an approved consent decree under the comprehensive environmental response, compensation, and liability act of 1980, as amended (P.L. 96-510; 94 Stat. 2767; 42 United States Code sections 9601 through 9657).

B. For purposes of this section:

1. "Provider" means an owner or operator of a constructed water conveyance system that conveys water for industrial, municipal, agricultural or irrigation purposes.

2. "User" means an entity that accepts remediated water and uses that water for industrial, municipal, agricultural or irrigation purposes.