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2014 SESSION
14103227DBe it enacted by the General Assembly of Virginia:
1. That § 10.1-613.4 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-613.4. Liability of owner or operator.
Nothing A. Notwithstanding subsection B, nothing in
this article, and no order, notice, approval, or advice of the Director or Board
shall relieve any owner or operator of such a an impounding structure from any legal duties, obligations, and
liabilities resulting from such ownership or operation. The owner shall be
responsible for liability for damage to the property of others or injury to
persons, including, but not limited to,
loss of life resulting from the operation or failure of a dam an impounding structure.
Compliance with this article does not guarantee the safety of a dam an impounding structure or
relieve the owner of liability in case of a dam an impounding structure
failure.
B. The owner of the land upon which an impounding structure owned, maintained, or operated by a soil and water conservation district is situated shall not be responsible for liability for damages to the property of others or injury to persons, including the loss of life resulting from the operation or failure of the impounding structure.