H.B. 174 Enrolled

IMMUNITY TO DAM OWNERS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Bradley T. Johnson
AN ACT RELATING TO REAL ESTATE; AMENDING THE LANDOWNERS LIABILITY
ACT TO PROTECT OWNERS OF DAMS OR RESERVOIRS IN CERTAIN
SITUATIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
57-14-6, as last amended by Chapter 158, Laws of Utah 1988
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 57-14-6 is amended to read:
57-14-6. Liability not limited where willful or malicious conduct involved or
admission fee charged.
(1) Nothing in this act shall limit any liability which otherwise exists for:
(a) willful or malicious failure to guard or warn against a dangerous condition, use,
structure, or activity;
(b) deliberate, willful, or malicious injury to persons or property; or
(c) an injury suffered where the owner of land charges a person to enter or go on the land
or use the land for any recreational purpose, except that where land is leased to the state or a
subdivision of the state, any consideration received by the owner for the lease is not a charge
within the meaning of this section.
(2) Any person who hunts upon a posted hunting unit, as authorized by Title 23, Chapter
23, is not considered to have paid a fee within the meaning of this section.
(3) Owners of a dam or reservoir who allow recreational use of the dam or reservoir and
its surrounding area and do not themselves charge a fee for that use, are considered not to have
charged for that use within the meaning of Subsection (1)(c), even if the user pays a fee to the
Division of Parks and Recreation for the use of the services and facilities at that dam or reservoir.