(A) The General Assembly finds:

(1) The use of South Carolina public water impoundments for federally regulated hydroelectric projects are being endangered due to the uncontrolled growth of aquatic weeds.

(2) In an effort to manage aquatic weeds in the impoundments, the Department of Natural Resources in conjunction with the owners and operators of the water impoundments for federally regulated hydroelectric projects have developed programs to combat the growth of aquatic weeds. These programs are funded in part by revenue appropriated to the Department of Natural Resources in Part 1, Section 47 of the 1995-96 general appropriations act, by revenue of certain federal programs, and by contributions by the owners and operators of the federally regulated hydroelectric projects. However, the programs are exclusively managed and controlled by the Department of Natural Resources.

(3) In order to continue the program, the owners and operators must have protection from actions by the Department of Natural Resources for any liability which they may incur due to the actions of the department or its agents. Therefore, the State in this section is enacting a hold harmless statute for the owners and operators of the water impoundments for federally regulated hydroelectric projects.

(B) There is no liability on the part of, and no cause of action against, owners and operators of water impoundments for federally regulated hydroelectric projects for any and all acts, events, occurrences, or future consequences of any treatment by the Department of Natural Resources, its agents or independent contractors, in providing for the management of aquatic weeds. The immunity for owners and operators of water impoundments for federally regulated hydroelectric projects also extends to any liability arising as a result of actions by individuals who without permission from the owner and operator treat, spray, or in any fashion attempt to manage aquatic weeds in the impoundment.

(C) The department shall use the funds appropriated to it in fiscal year 1995-96 as referenced above to implement and give effect to the provisions of this section in the manner it considers appropriate.

HISTORY: 1995 Act No. 145, Part II, Section 92, eff June 29, 1995.