Sec. 4. (a) Except as provided in subsection (b), the utility owner of the reservoir located within the boundaries of a reservoir conservancy district is not liable for any personal injury, death, property damage, or other loss of any nature that an individual incurs while present on or in the reservoir of a reservoir conservancy district, regardless of whether the individual is in a watercraft at the time of the incident causing the personal injury, death, property damage, or other loss, and regardless of whether the individual or any other person with whom the individual was associated paid a recreation fee as described in IC 14-33-24-9 to the reservoir conservancy district for the privilege of using the reservoir of the reservoir conservancy district for recreational purposes.
(b) Subsection (a) does not apply to personal injury, death, property damage, or other loss caused by the intentional or willful and wanton misconduct of the utility owner of the reservoir located within the boundaries of a reservoir conservancy district.
(c) The state is not liable for any personal injury, death, property damage, or other loss of any nature that an individual incurs while present on or in the reservoir of a reservoir conservancy district, regardless of:
(1) whether the individual is in a watercraft at the time of the incident causing the personal injury, death, property damage, or other loss; and
(2) whether the individual or any other person with whom the individual was associated paid a recreation fee as described in IC 14-33-24-9 to the reservoir conservancy district for the privilege of using the reservoir conservancy district for recreational purposes.
As added by P.L.148-2020, SEC.17.