Delaware Code § 7-4215

Liability for damages
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No action shall be brought against the State, the Department, or any agent of the Department or any employee of the State or the
Department for damages sustained through the partial or total failure of any dam, misoperation or its maintenance by reason of any
supervision or other action taken pursuant to or under this chapter. Nothing in this chapter shall relieve an owner or operator of a dam
from the legal duties, obligations and liabilities arising from such ownership and operation.

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