Remediated water; liability; definitions

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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.


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