Georgia Commons

Official Code of Georgia Annotated

Title 12. CONSERVATION AND NATURAL RESOURCES · Chapter 5. WATER RESOURCES · Article 5. RIVERS AND RIVER BASINS · Part 3. DAM SAFETY

12-5-383. Liability for damages.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Nothing in this part shall be construed to constitute a waiver of the sovereign immunity of the state, the board, or the division. No action shall be brought against the state, the board, the division, or any member, officer, or employee of the state, the board, or the division for damages sustained through the partial or total failure of any dam or other artificial barrier dealt with in this part or its maintenance by reason of any supervision or other action taken or not taken pursuant to or under this part, including specifically, but not limited to, any action taken or not taken by the board or its members, the director, the division, its officers or employees, or its representatives pursuant to Code Section 12-5-375. Nothing in this part and no order, action, or advice of the director or the division or any representative thereof shall be construed to relieve a dam owner or operator of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam.#

  2. (b)

    Nothing in this part shall be construed to constitute a waiver of the sovereign immunity of the commission. No action shall be brought against the state, the commission, or any employee of the state or the commission for damages sustained through the partial or total failure of any dam or other artificial barrier dealt with in this part or its maintenance by reason of any supervision or other action taken or not taken pursuant to former Code Section 12-5-375.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1978, p. 795, § 4; Ga. L. 1984, p. 454, § 10; Ga. L. 1988, p. 269, § 23.

Cross references

Liability of persons constructing dams for damages resulting from manner of construction or operation of dam, § 44-8-4.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t12-(v10)-2021-pdf.pdf, Volume V10, 2021 edition, pages 601 to 602; merge action: carried; file SHA-256 a1ca11f804f2.

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