2021 Hawaii Revised Statutes
Title 12. Conservation and Resources
179D. Dams and Reservoirs
179D-4 Liability for damages.
§179D-4 Liability for damages. (a) Nothing contained in this chapter shall be construed to constitute a waiver of any immunity of the State and no action or failure to act under this chapter shall be construed to create any liability in the State, board, department, or its officers or employees, for the recovery of damages caused by the action or failure to act.
(b) Nothing in this chapter and no order, action, or advice of the State, board, department, or any representative thereof, shall be construed to relieve an owner or operator of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of a dam or reservoir; provided that an owner or operator of a dam or reservoir shall not be liable for damages as a result of only natural causes such as earthquakes of an average recurrence interval of one thousand years, hurricanes, or extraordinary rains of an average recurrence interval in excess of two hundred fifty years.
(c) The State assumes no ownership obligations, responsibilities, or liability for any action pursuant to section 179D-24. [L 1987, c 199, pt of §1; am L 2007, c 262, §6]
