A. No action shall be brought or maintained against the state, or any of its departments, agencies or officials thereof, or any of their employees or agents, for damages sustained through the partial or total failure of any dam or its maintenance by reason of control and regulation thereof by any of them pursuant to duties imposed upon them under the provisions of this chapter.

Terms Used In Arizona Laws 45-1215

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Dam: means any artificial barrier, including appurtenant works for the impounding or diversion of water, twenty-five feet or more in height or the storage capacity of which will be more than fifty acre-feet but does not include:

    (a) Any barrier that is or will be less than six feet in height, regardless of storage capacity. See Arizona Laws 45-1201

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Owner: includes any person or entity that owns, controls, operates, maintains, manages or proposes to construct or modify a dam. See Arizona Laws 45-1201

B. Nothing in this article shall relieve any owner or operator of a dam from the legal duties, obligations and liabilities arising from such ownership or operation.

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