The purpose of this subchapter is to encourage owners of land to make land and water areas available to municipal governments for municipal water supply purposes by limiting the liability of landowners toward persons entering on the land and water areas.
As used in this subchapter: (1) “Land” means real property, roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment when attached to the real property; (2) “Municipal water supply purpose” includes, but is not imited to, any of the following, separately or in any combination: (A) Construction or maintenance of a water […]
Nothing in this subchapter shall be construed to: (1) Create a duty of care or a basis for liability for injury to persons or property; or (2) Relieve any person using the land of another for a municipal water supply purpose from any obligation that he or she may have in the absence of this […]
Except as specifically provided in § 18-11-607, an owner owes no duty of care to: (1) Keep his or her land safe for entry or use by another for a municipal water supply purpose; or (2) Give any warning of a dangerous condition, use, structure, or activity on his or her land to a person […]
Except as specifically provided in § 18-11-607, an owner who, either directly or indirectly, invites or permits any person to use his or her land for a municipal water supply purpose does not: (1) Extend any assurance that the land is safe for any purpose; (2) Confer upon the person the legal status of an […]
Unless otherwise agreed to in writing, the provisions of §§ 18-11-604 and 18-11-605 shall be deemed the sole source of the duties and liability of an owner who leased or otherwise provided land to a municipality for a municipal water supply purpose.
Nothing in this subchapter limits in any way liability that otherwise exists for malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous.
