                                 CODE OF VIRGINIA

LIABILITY OF OWNER OR OPERATOR (§ 10.1-613.4)

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 an impounding structure from any legal duties, obligations, and liabilities
resulting from such ownership or operation. The owner or operator shall be
responsible for liability for damage to the property of others or injury to
persons, including the loss of life resulting from the operation or failure of
an impounding structure. Compliance with this article does not guarantee the
safety of an impounding structure or relieve the owner or operator of liability
in case of 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. The provisions of this subsection shall not apply if
the damages to the property of others or injury to persons is the result of an
act or omission of the landowner unrelated to ownership, maintenance, or
operation of the impounding structure.

C. Prior to dissolution or termination of an entity that owns an impounding
structure, the entity shall either convey ownership to a third party by deed or
other legal conveyance or decommission the impounding structure pursuant to the
requirements of the Virginia Impounding Structure Regulations. Prior to
conveying ownership, the owner shall notify the Director of such transfer of
ownership in accordance with requirements set out in the Virginia Impounding
Structure Regulations. Such notice to the Director shall include a warrant by
the transferring owner that the transferee is a responsible party capable of
discharging all obligations of an impounding structure owner imposed by law and
regulations.

D. The Commonwealth, the Board, or the Department shall not be deemed to become
an owner of an impounding structure by providing funding or other assistance for
maintenance, repair, or decommissioning of an impounding structure owned by
another person or entity.

HISTORY: 2006, c. 30; 2014, cc. 146, 304, 593.