Sec. 46.17.110. Action against state for damages.
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Sec. 46.17.110. Action against state for damages.
(a)Except as provided in
(b)of this section, a person may not bring an action against the state, the department, or agents or employees of the state, for the recovery of damages caused by the partial or total failure of a dam or reservoir, or by the operation of a dam or reservoir, or by an act or omission in connection with
(1)approval of the construction of a dam or reservoir, or approval of flood-handling plans during or after construction;
(2)issuance or enforcement of orders relating to maintenance or operation of the dam or reservoir;
(3)control or regulation of the dam or reservoir;
(4)measures taken to protect against failure of the dam or reservoir during an emergency; or
(5)investigations or inspections authorized under this chapter.
(b)A person may bring an action against the state for the recovery of damages caused by an action undertaken by a dam owner that was negligently ordered by the state over the owner's objection.