49-283.01

49-283.01. Remediated water; liability; definitions

A. A provider or user of remediated water is not liable for damages caused or contributed to by the use or distribution of the remediated water except on a showing of wilful, malicious or grossly negligent conduct that was the direct cause of the damages.

B. For purposes of this section:

1. "Damages" means compensation for death or injury to a person or claims for medical monitoring or injury that a person may suffer or property damage.

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

3. "Remediated water" means water that is distributed, transported or used in connection with a CERCLA remediation or a remediation performed pursuant to this title including water that meets applicable state or federal standards.

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