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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
commercial river outfitters; limited liability
Purpose
Grants commercial river outfitters immunity from certain claims if the corresponding claims are contractually waived in a liability release.
Background
Federal regulation prohibits a person from conducting, leading or guiding a river trip unless such person possesses a permit issued by the Superintendent of the Grand Canyon National Park (Superintendent). The National Park Service (NPS) reserves the right to limit the number of such permits issued, or the number of persons traveling on trips authorized by such permits when, in the opinion of the NPS, such limitations are necessary in the interest of public safety or protection of the ecological and environmental values of the area.
The Superintendent must issue a permit upon a determination that the person leading, guiding or conducting a river trip is experienced in running rivers in white water navigation of similar difficulty, and possesses appropriate equipment, which is identified in the terms and conditions of the permit. A person must not conduct, lead, guide or outfit a commercial river trip without first securing a permit and possessing an additional permit authorizing the conduct of a commercial or business activity in the park. An operation is commercial if any fee, charge or other compensation is collected for conducting, leading, guiding or outfitting a river trip. A river trip is not commercial if there is a bona fide sharing of actual expenses (36 C.F.R. § 7.4).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that a commercial river outfitter does not have a duty to alter, eliminate, control or decrease the inherent risks of participating in a river trip in the Grand Canyon National Park.
2. Allows the inherent risks of a river trip to be contractually identified by the commercial river outfitter and a participant in a river trip.
3. Requires the identification of inherent risks to be determinative and binding.
5. Specifies that commercial river outfitters are not immune from claims arising out of other circumstances, except for ordinary negligence claims that are also contractually waived in a liability release.
6. Allows a person to voluntarily release a commercial river outfitter from liability for an injury to or the death of a person resulting from participation in a river trip in the Grand Canyon National Park.
7. Grants a commercial river outfitter immunity from claims arising out of ordinary negligence only if the claims are contractually waived in a liability release.
8. Specifies that the prescribed immunity for a commercial river outfitter does not apply to a commercial river outfitter that is grossly negligent or that commits wilful, wanton or intentional acts or omissions.
9. Specifies that the prescribed immunity for a commercial river outfitter from claims resulting from injury or death does not apply if the commercial river outfitter:
a) knows or should have known that a hazardous condition exists; and
b) fails to disclose the hazardous condition to a participant.
10. Defines commercial river outfitter as an entity that is allowed under federal law to provide river trips to the public in the Grand Canyon National Park, including employees of a commercial river outfitter who are acting in the course and scope of their employment.
11. Defines river trips as all the activities or occurrences, whether taking place on water or land, for which the commercial river outfitter has agreed to provide outfitting or guiding services.
12. Becomes effective on the general effective date.
House Action
COM 1/27/26 DP 7-4-0-0
3rd Read 2/24/26 38-18-4
Prepared by Senate Research
March 22, 2026
JT/NRG/ci