Nebraska § 46-1639 - Immunity from liability; when.
Full text of Nebraska Revised Statutes of Nebraska § 46-1639 — Immunity from liability; when., with citation guidance and answers to common questions.
§ 46-1639. Immunity from liability; when.
(1) No action shall be brought against the state, the Chief Water Officer, the department, or its agents or employees for the recovery of damages caused by the partial or total failure of any dam by reason of control and regulation thereof pursuant to the Safety of Dams and Reservoirs Act, including, but not limited to, any of the following:
(a) Design and construction application approval of the dam or approval of interim flood routing plans during construction, reconstruction, enlargement, alteration, breach, removal, or abandonment;
(b) The issuance or enforcement of orders relative to maintenance or operation of the dam;
(c) Control and regulation of the dam;
(d) Measures taken to protect against failure of the dam during an emergency, except for negligent acts of the department or the Chief Water Officer in assuming control of a dam during an emergency; or
(e) Failure to act.
(2) The Safety of Dams and Reservoirs Act does not relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam.
The phrase "control and regulation" as used in this section means general authority over a dam. Angel v. Nebraska Dept. of Nat. Resources, 314 Neb. 1, 988 N.W.2d 507 (2023).
The Safety of Dams and Reservoirs Act does not exclude from immunity any negligent conduct concerning control and regulation of a dam occurring prior to the effective date of the act. Angel v. Nebraska Dept. of Nat. Resources, 314 Neb. 1, 988 N.W.2d 507 (2023).
Frequently Asked Questions About Nebraska § 46-1639
What does Revised Statutes of Nebraska § 46-1639 cover?
Section 46-1639 ("Immunity from liability; when.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 46-1639?
A common citation format is "Revised Statutes of Nebraska § 46-1639" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 46-1639 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.