Section 236.475

Title XIV ROADS AND WATERWAYS

Chapter 236

Effective - 28 Aug 1979   

  236.475.  Immunity of officers. — In the absence of willful and wanton misconduct, no action shall be brought against the council, the chief engineer or his agents, or department employees or private individuals employed as consultants by the department for the recovery of damages caused by the partial or total failure of any dam or reservoir or through the use or operation of any dam or reservoir upon the ground that such person is liable by virtue of any of the following:

  (1)  The approval of a dam or reservoir or permits therefor;

  (2)  The issuance or enforcement of orders relating to maintenance, operation or repair of a dam or reservoir;

  (3)  Control and regulation of a dam or reservoir;

  (4)  Measures taken to protect against failure during an emergency.

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(L. 1979 H.B. 603 § 16)