GEOLOGY AND WATER RESOURCES

KRS tit. XII, ch. 151

in effect

KRS 151.010 Establishment and personnel of survey

151.010. Establishment and personnel of survey There is hereby established and shall be maintained within the University of Kentucky a bureau of geological research and information to be known and designated as the Kentucky Geological Survey. The survey shall be under the direction of a person who shall be designated director of the survey and who shall be appointed in the same manner as other staff members of the university. The survey shall have a nonteaching staff to be appointed in the same manner as other staff members of the university. The director or a member of the nonteaching staff shall be designated state geologist and all members of the survey shall be employees of the University of Kentucky within the provisions of KRS 164.220 to 164.230, inclusive. Effective: June 19, 1958 History: Amended 1958 Ky. Acts ch. 122, sec. 1, effective June 19, 1958. -- Created 1948 Ky. Acts ch. 224, sec. 2.

KRS 151.020 Other departments of university to cooperate

151.020. Other departments of university to cooperate The other departments of the University of Kentucky, and the teaching staff of the department of geology, shall furnish cooperative services in carrying out the functions of the Kentucky Geological Survey. History: Created 1948 Ky. Acts ch. 224, sec. 2.

KRS 151.030 Duties and functions of survey

151.030. Duties and functions of survey The Kentucky Geological Survey shall make a continuing geological study of the state and perform such other functions as are directed toward the development of the mineral resources of the state. History: Created 1948 Ky. Acts ch. 224, sec. 3.

KRS 151.035 Official repository for groundwater information

151.035. Official repository for groundwater information (1) The Kentucky Geological Survey shall be designated as the Commonwealth's official repository for all information relating to the occurrence and quality of groundwater as defined in KRS 151.100. (2) The Energy and Environment Cabinet, the Cabinet for Health and Family Services, and any other cabinet, department, commission, board, or governmental agency, except as provided in subsection (4) of this section, that, by statute, administrative regulation, or as part of its routine activities, collects or generates information about groundwater, shall transmit or cause to be transmitted that information to the Kentucky Geological Survey within ninety (90) days of receipt or generation, or a time determined between the Geological Survey and the other party. (3) The information to be transmitted may include: (a) Drillers logs and completion reports of wells drilled or dug for the purpose of producing, testing, or monitoring groundwater; (b) Geophysical logs of water wells; (c) Water quality analyses of both organic and inorganic constituents; (d) Results of all pump, extraction, and injection tests; (e) Flow determinations of surface discharges of groundwater; and (f) Any additional data as the Kentucky Geological Survey shall require. (4) All institutions of higher learning shall be encouraged, but not required, to submit to the Kentucky Geological Survey copies of all research data, including theses and dissertations relating to the occurrence or quality of groundwater. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 176, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 121, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 105, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 416, sec. 1, effective July 13, 1990.

KRS 151.040 Reports and publications

151.040. Reports and publications The Kentucky Geological Survey shall report periodically on its findings to the Governor and General Assembly and such reports shall be available to the public. It shall at all times furnish cooperative services to the Cabinet for Economic Development and such other state agencies as may request its services, and make available to those agencies such information and data as are at the disposal of the survey. The survey may issue reports, maps, and other publications for sale at a price prescribed by the governing authorities of the University of Kentucky. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 105, sec. 66, effective July.14, 1992. -- Amended 1982 Ky. Acts ch. 396, sec. 22, effective July 15, 1982. -- Amended 1958 Ky. Acts ch. 122, sec. 2, effective June 19, 1958. -- Created 1948 Ky. Acts ch. 224, sec. 4.

KRS 151.100 Definitions for KRS 151.110 to 151.460 and 151.990

151.100. Definitions for KRS 151.110 to 151.460 and 151.990 As used in KRS 151.110 to 151.460 and 151.990: (1) "Authority" means the Water Resources Authority of Kentucky; (2) "Authorized representative" means an individual specifically authorized by the secretary to act on his or her behalf; (3) "Base flood" means the elevation of surface water resulting from a flood that has a one percent (1%) chance of equaling or exceeding that level in any given year; (4) "Cabinet" means the Energy and Environment Cabinet; (5) "Dam" means any artificial barrier, including appurtenant works, which does or can impound or divert water, and which either: (a) Is or will be twenty-five (25) feet or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the cabinet; or (b) Has or will have an impounding capacity at maximum water storage elevation of fifty (50) acre-feet or more; (6) "Diffused surface water" means that water which comes from falling rain or melting snow or ice, and which is diffused over the surface of the ground, or which temporarily flows vagrantly upon or over the surface of the ground as the natural elevations and depressions of the surface of the earth may guide it, until such water reaches a stream or watercourse; (7) "Domestic use" means the use of water for ordinary household purposes, and drinking water for poultry, livestock, and domestic animals; (8) "Embankment dam" means any dam constructed of excavated natural materials or of industrial waste materials; (9) "Floodplain" means the area in a watershed that is susceptible to being inundated by floodwaters from any source; (10) "Floodway" means the channel of a river, stream, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height; (11) "Gravity dam" means a dam constructed of concrete or masonry that relies on its weight for stability; (12) "Groundwater" means all water which fills the natural openings under the earth's surface, including all underground watercourses, artesian basins, reservoirs, lakes, and other bodies of water below the earth's surface; (13) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llama s, buffaloes, and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species; (14) "Owner" means any person who owns an interest in, controls, or operates a dam; (15) "Person" means any individual, public or private corporation, p olitical subdivision, government agency, municipality, copartnership, association, firm, trust, estate, or other entity whatsoever; (16) "Reservoir" means any basin which contains or will contain the water impounded by a dam; (17) "Secretary" means the secretary of the Energy and Environment Cabinet; (18) "Stream" or "watercourse" means any river, creek, or channel, having well defined banks, in which water flows for substantial periods of the year to drain a given area, or any lake or other body of water in the Commonwealth; (19) "Water resources project" or "project" means any structural or nonstructural study, plan, design, construction, development, improvement, or any other activity including programs for management, intended to conserve and develop the water resources of the Commonwealth and shall include all aspects of water supply, flood damage abatement, navigation, water-related recreation, and land conservation facilities and measures; (20) "Watershed" means all the area from which all drainage passes a given point downstream; and (21) "Withdraw" or "withdrawal" of water means the actual removal or taking of water from any stream, watercourse, or other body of public water. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 159, sec. 1, effective June 29, 2023. -- Amended 2017 Ky. Acts ch. 129, sec. 5, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 177, effective July 15, 2010. -- Amended 1988 Ky. Acts ch. 405, sec. 1, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 111, sec. 84, effective July 13, 1984; and ch. 216, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 214, sec. 1, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(9); and ch. 285, sec. 1. -- Created 1966 Ky. Acts ch. 23, sec. 1. Legislative Research Commission Note (6/29/2023). Under the authority of KRS 7.136(1), the Reviser of Statutes has renumbered certain subsections in this statute during codification to place the terms in alphabetical order. The words in the text were not changed.

KRS 151.110 Water resources policy -- Duties of cabinet

151.110. Water resources policy -- Duties of cabinet (1) (a) The conservation, development, and proper use of the water resources of the Commonwealth of Kentucky have become of vital importance as a result of population expansion and concentration, industrial growth, technological advances, and an ever increasing de mand for water for varied domestic, agricultural, industrial, municipal, and recreational uses. It is recognized by the General Assembly that excessive rainfall during certain seasons of the year causes damage from overflowing streams. However, prolonged d roughts at other seasons curtail domestic, industrial, municipal, agricultural, and recreational uses of water and seriously threaten the continued growth and economic well-being of the Commonwealth. The advancement of the safety, happiness, and welfare of the people and the protection of property require that the power inherent in the people be utilized to promote and to regulate the conservation, development, and most beneficial use of the water resources. It is hereby declared that the general welfare requires that the water resources of the Commonwealth be put to the beneficial use to the fullest extent of which they are capable, that the waste or nonbeneficial use of water be prevented, and that the conservation and beneficial use of water be exercised in the interest of the people. Therefore, it is declared the policy of the Commonwealth to actively encourage and to provide financial, technical, or other support for projects that will manage our water resources in order that the continued growth and development of the Commonwealth might be ensured. To that end, it is declared to be the purpose of KRS Chapters 146, 149, 151, 224, 262, and KRS 350.029 and 433.750 to 433.757 for the Commonwealth to permit, regulate, and participate in the construction or financing of facilities to store surplus surface water for future use; to conserve and develop the groundwater resources of the Commonwealth; to require local communities to develop long range water supply plans; to protect the rights of all persons equitably and reasonably interested in the use and availability of water; to prohibit the pollution of water resources and to maintain the normal flow of all streams so that the proper quantity and quality of water will be available at all times to the people of the Commonwealth; to provide for the adequate disposition of water among the people of the Commonwealth entitled to its use during severe droughts or times of emergency; to prevent harmful overflows and flooding; to regulate the construction, maintenance, and operation of all dams and other barriers of streams; to prevent the obstruction of streams and floodways by the dumping of substances therein; to keep accurate records on the amount of water withdrawal from streams and watercourses and reasonably regulate the amount of withdrawal of public water; and to engage in other activities as may be necessary to conserve and develop the water resources of the Commonwealth of Kentucky, and to ensure adequate supply of water for domestic, agricultural, recreational, and economic development uses. (b) The cabinet shall: 1. Provide leadership in water use efficiency for all water uses; 2. Promote conservation; 3. Offer technical assistance and conduct research; 4. Be the lead agency with other state and local agencies to incorporate conservation measures and incentives into their programs; 5. Sponsor "technology transfer sessions" on water conservation to commercial and industrial operations; 6. Provide leadership to communities looking for information and methods for coping with the issues of growth and water supply; 7. Provide recommendations and leadership for water resources, on-farm and rural community drought and water assessment, monitoring, and improvement for agricultural purposes; and 8. Have the authority to receive and disperse federal, state, and other funds for the purpose of water resources, on-farm and community drought and water assessment, monitoring, and improvements. (c) Paragraph (b) of this subsection shall not be construed as changing the relationship between the cabinet and the Kentucky River Authority and their respective responsibilities for oversight of the Kentucky River as set out in KRS 151.700 and 151.720. (2) It is a finding of the General Assembly that groundwater is an important but vulnerable natural resource of this state, that the majority of rural Kentuckians rely exclusively on groundwater for drinking, and that groundwater is inextricably linked to surface waters which may also serve as a drinking water resource. It is also a finding that groundwater is a resource equally vital for agricultural, commercial, and industrial purposes and that useable groundwater is critical to the future development of these industries. Therefore, it shall be the policy of this state to manage groundwater for the health, welfare, and economic prosperity of all citizens. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 159, sec. 2, effective June 29, 2023. -- Amended 2016 Ky. Acts ch. 39, sec. 2, effective July 15, 2016. -- Amended 1992 Ky. Acts ch. 239, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 307, sec. 1, effective July 13, 1990; and ch. 410, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 367, sec. 1, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 384, sec. 39, effective June 17, 1978. -- Created 1966 Ky. Acts ch. 23, sec. 2.

KRS 151.112 Planning process for management and development of water resources

151.112. Planning process for management and development of water resources (1) The cabinet shall develop a comprehensive and systematic planning process for the long-range management and orderly development of the Commonwealth's water resources. The planning process shall generate over each biennium a plan for the implementation of specific goals and management objectives for the cabinet to achieve in meeting the Commonwealth's water needs. The biennial plan shall serve as the basis for the cabinet's budgeting process in allocating resources to the state's water resource programs. The planning process shall be developed to: (a) Protect, conserve, develop, and utilize the water resource in a manner consistent with the Commonwealth's duties for management of natural resources, the public's right to clean water, and the preservation of the natural, scenic, cultural, historic, and aesthetic values of the environment; (b) Provide a coordinated framework for cooperation among federal, interstate, state, and local government agencies in the planning and management of water resources, in a manner consistent with KRS Chapter 147 and KRS 224.10-100(13); (c) Be both anticipatory of future needs and reactive to current needs; (d) Provide for public involvement in the establishment of the comprehensive and systematic planning process, in plan development and implementation, and the allocation and prioritizing of resources for water resource management and development; (e) Establish a process for the collection and coordination of data regarding surface water and groundwater availability and quality, including the presence of point and nonpoint sources of pollution, instream flow information, withdrawal and use information, an assessment of flood damage and storm water management problems, and an identification and assessment of future data needs; and (f) Request technical assistance from any agency or organization the cabinet deems necessary to carry out its duties as established in this chapter. (2) The continuous planning process shall include goals and objectives for groundwater and surface water quantity and quality management in order to assess the effectiveness of current programs in addressing the comprehensive water needs of the Commonwealth and to gauge the need for new or different programs to recommend to the General Assembly for legislation. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 159, sec. 3, effective June 29, 2023. -- Created 1986 Ky. Acts ch. 367, sec. 2, effective July 15, 1986.

KRS 151.113 Kentucky Water Resources Board

151.113. Kentucky Water Resources Board (1) The Kentucky Water Resources Board is hereby created for the purposes of assisting the cabinet in the implementation of KRS 151.110 and 151.112. The board shall be attached to the cabinet for administrative purposes. (2) The Kentucky Water Resources Board shall: (a) Assist the cabinet in conducting research and developing recommendations to enhance the quality of water resources accessible for agricultural production in the state; (b) Research emerging water resources issues, including the adequacy of water supplies available for agricultural production and in rural Kentucky; (c) Examine potential actions to address deficiencies in water supplies identified by the board; (d) Make recommendations for developing new and reliable water sources for key areas of farm production in Kentucky; (e) Develop and provide the cabinet with recommendations regarding water use efficiency for all agricultural water uses; (f) Develop recommendations for a strategy to promote water conservation in agricultural uses; (g) Develop and provide recommendations to the cabinet, the Department of Agriculture, and the Soil and Water Conservation Commission regarding on- farm and rural community drought and water assessment, monitoring, and improvements for agricultural purposes; and (h) Request technical assistance from the following groups in order to establish a process for the collection and coordination of data on surface and ground water availability, water quality, the presence of point and nonpoint sources of pollution, instream flow, water withdrawal and use, flood damage and storm water management, and the identification and assessment of future data needs: 1. Kentucky Geological Survey; 2. United States Geological Survey; 3. Kentucky Water Resources Institute; 4. Interagency Technical Advisory Committee on Groundwater; 5. Soil and Water Conservation Commission; and 6. Any other water group the board deems necessary. (3) The Kentucky Water Resources Board shall consist of eleven (11) members as follows: (a) The secretary of the cabinet or the secretary's designee, who shall serve as chair; (b) The Commissioner of the Kentucky Department of Agriculture or the Commissioner's designee, who shall serve as vice chair; (c) The dean of the University of Kentucky College of Agriculture, Food, and Environment or the dean's designee; (d) Six (6) members appointed by the Governor as follows: 1. One (1) member selected from a list of three (3) submitted by the Kentucky Association of Conservation Districts, who shall serve an initial term of four (4) years; 2. One (1) member selected from a list of three (3) submitted by the Kentucky Chamber of Commerce, who shall serve an initial term of four (4) years; 3. One (1) member selected from a list of three (3) submitted by the Kentucky County Judge/Executive Association, who shall serve an initial term of three (3) years; 4. One (1) member selected from a list of three (3) submitted by the Kentucky Farm Bureau, who shall serve an initial term of three (3) years; 5. One (1) member selected from a list of three (3) submitted by the Kentucky League of Cities, who shall serve an initial term of two (2) years; and 6. One (1) member selected from a list of three (3) submitted by the Kentucky Rural Water Association, who shall serve an initial term of two (2) years; and (e) The board shall have two (2) nonvoting liaisons who are members of the General Assembly, one (1) of whom shall be a member of the House of Representatives appointed by the Speaker of the House of Representatives, and one (1) of whom shall be a member of the Senate appointed by the President of the Senate. (4) Members appointed under subsection (3)(d) of this section shall serve a term of four (4) years and may be reappointed. A person appointed to fill a vacancy occurring prior to the expiration of a term shall be appointed for the remainder of that term. (5) (a) The Kentucky Water Resources Board shall meet at the call of the chair, and members shall not receive compensation for serving on the board. (b) Six (6) members shall constitute a quorum for the purposes of conducting business. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 39, sec. 1, effective July 15, 2016. Legislative Research Commission Note (7/15/2016). During codification, the Reviser of Statutes has combined the duties of the Kentucky Water Resources Board that appeared in subsections (2) and (6) of 2016 Ky. Acts ch. 39 into one list of duties in subsection (2) of this statute under authority of KRS 7.136(1)(a).

KRS 151.114 Long range water supply plans

151.114. Long range water supply plans (1) The cabinet shall administer a program for the purpose of developing long range water supply plans for each county and its municipalities and public water systems or for a region composed of more than one (1) county. The plans to be developed shall include an assessment of the existing public and private water resources, both surface and groundwater, of the study area, an examination of present water use in the area, projections of future water requirements, and a determination of possible alternative approaches that can be taken in order to meet future water supply needs. (2) The plans may be developed by area development districts in conjunction with the counties and its municipalities and public water systems within each district. A county and its municipalities and public water systems may require that the plan be developed for its jurisdictional area only or, if there is agreement between two (2) or more counties, that the plan be developed jointly with other counties. (3) The plans shall be subject to approval by the cabinet. The cabinet is authorized to approve any water supply plan developed outside of this program which meets the guidelines set out in KRS 151.110 and 151.114 to 151.118 and the criteria established by cabinet regulations. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 410, sec. 2, effective July 13, 1990.

KRS 151.116 Administrative regulations

151.116. Administrative regulations The cabinet shall promulgate administrative regulations to carry out the program and shall consult with the Cabinet for Economic Development and the Kentucky Infrastructure Authority in developing those regulations. The administrative regulations shall set out the details which are to be included in the water supply plans, the procedure for counties and their municipalities and public water systems to apply for financial assistance to pay for the plans, and the criteria and process by which the cabinet will approve plans. The cabinet shall assemble all information in a uniform database available to all agencies and concerned entities. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 159, sec. 4, effective June 29, 2023. -- Created 1990 Ky. Acts ch. 410, sec. 3, effective July 13, 1990.

KRS 151.118 Financing development of water supply plans

151.118. Financing development of water supply plans (1) The cabinet, in conjunction with a county and its municipalities and public water systems, shall finance the development of the water supply plans and encourage multicounty cooperation. The county and its municipalities and public water systems shall pay up to twenty percent (20%) of the total cost of plan development. A county and its municipalities and public water systems shall be given credit toward its share of the plan's cost for in-kind services performed. (2) The financial assistance of the cabinet shall be available until July 15, 1999. (3) After July 15, 1999, the full cost of water supply plan development will be the responsibility of any county and its municipalities and public water systems which has not had a plan approved by the cabinet. (4) After July 15, 1999, the cabinet shall not endorse projects that impact water under the Kentucky intergovernmental review process for any county and its municipalities and public water systems which does not have an approved water supply plan. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 374, sec. 1, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 410, sec. 4, effective July 13, 1990.

KRS 151.120 Public water of Commonwealth, what constitutes

151.120. Public water of Commonwealth, what constitutes (1) Water occurring in any stream, lake, groundwater, or other body of water in the Commonwealth which may be applied to any useful and beneficial purpose is hereby declared to be a natural resource and public water of the Commonwealth and subject to control or regulation for the public welfare as provided in KRS Chapters 146, 149, 151, 262 and 350.029 and 433.750 to 433.757. (2) Diffused surface water which flows vagrantly over the surface of the ground shall not be regarded as public water, and the owner of land on which such water falls or flows shall have the right to its use. Water left standing in natural pools in a natural stream when the natural flow of the stream has ceased, shall not be regarded as public water and the owners of land contiguous to that water shall have the rights to its use. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 159, sec. 5, effective June 29, 2023. -- Created 1966 Ky. Acts ch. 23, sec. 16.

KRS 151.125 Authority and powers of secretary

151.125. Authority and powers of secretary The secretary shall exercise the following authority and powers: (1) Administer and enforce the provisions of this chapter and all rules and regulations and orders promulgated thereunder; (2) Conduct or obtain investigations, research, experiments, training programs and demonstrations, and to collect and disseminate information relating to the safe construction, operation, or maintenance of dams and reservoirs; (3) Adopt, after giving public notice and affording an opportunity to all interested persons to appear and offer evidence at a public hearing in connection therewith, general rules and administrative regulations for flood control and water resources, and minimum standards for floodplain management, deemed necessary to accomplish the purposes of this chapter. Such rules and administrative regulations, which shall have the force and effect of law, shall be of uniform application as far as practicable, but they may take proper account of differences in topography, geology, soil conditions, climate, hydrology, and use of the reservoir and the lands lying in the floodplain downstream from the dam; (4) Adopt, in accordance with KRS Chapter 13A, rules and administrative regulations with respect to procedural aspects of hearings, the filing of reports and orders, the issuance of inspection reports, construction permits, water withdrawal permits, and other procedural matters; (5) Issue orders requiring the adoption by an owner of remedial measures necessary for the safety of life, or public or private property, or for carrying out the provisions of this chapter, or rules and administrative regulations issued thereunder; (6) Examine and approve or disapprove applications for construction permits for the construction, enlargement, repair, or alteration of a dam; (7) Establish standards for the safe construction, enlargement, repair, alteration, maintenance, or operation of a dam or reservoir. Such standards shall be issued in the form of administrative regulations as described in subsection (3) of this section; (8) Make such investigations or inspections as necessary to determine the condition of a dam to ensure compliance with any provisions of this chapter, including the right to enter at any time upon an area affected for such purposes and the right of ingress and egress across intervening properties; (9) Order the suspension or revocation, after warning, of any inspection report, construction permit, or water withdrawal permit for failure to comply with any of the provisions of this chapter or with any rules, administrative regulations, or orders adopted pursuant thereto, or with any of the conditions contained in or attached to the inspection report, construction permits, or water withdrawal permits; (10) Order the immediate cessation of any act that is started or continued without a construction permit or water withdrawal permit as required by this chapter; and (11) Institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the cabinet in carrying out the provisions of this chapter. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 159, sec. 6, effective June 29, 2023. -- Created 1974 Ky. Acts ch. 285, sec. 2; and amended ch. 74, Art. III, sec. 13(9). Legislative Research Commission Note (10/29/96). Pursuant to KRS 7.136(2), the original reference to "department" in subsection (11) of this statute has been changed to "cabinet" to reflect reorganizations relating to the former Department for Natural Resources and Environmental Protection. See 1974 Ky. Acts ch. 74, Art. III, sec. 13; 1982 Ky. Acts ch. 393, sec. 50(3).

KRS 151.140 Withdrawal of water from public waters, permit required -- Exceptions

151.140. Withdrawal of water from public waters, permit required -- Exceptions No person, business, industry, city, county, water district, or other political subdivision shall have the right to withdraw, divert, or transfer public water from a stream, lake, ground water source or other body of water, unless such person, business, industry, city, county, water district or other political subdivision has been granted a permit by the cabinet for such withdrawal, diversion, or transfer of water. Provided, however, no permit shall be required for and nothing herein shall interfere with the use of water for agricultural and domestic purposes including irrigation; and no permit shall be required if the amount of water withdrawn, diverted or transferred is less than the amount established by regulation and no permit shall be required for water used in the production of steam generating plants of companies whose retail rates are regulated by the Kentucky Public Service Commission or for which plants a certificate of environmental compatibility from such commission is required by law, or water injected underground in conjunction with operations for the production of oil or gas. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 266, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 285, sec. 3. -- Amended 1972 Ky. Acts ch. 213, sec. 1. -- Created 1966 Ky. Acts ch. 23, sec. 18.

KRS 151.150 Application for permit -- Withdrawal of water from public waters

151.150. Application for permit -- Withdrawal of water from public waters (1) Any person, business, industry, city, county, water district or other political subdivision desiring to withdraw, divert, or transfer public water must register with the cabinet and submit an application for a permit on a form to be supplied by the cabinet. (2) Any person, business, industry, city, county, water district or other political subdivision withdrawing, transferring or diverting public water from a stream, lake, ground water source, or other body of public water within or along the borders of the Commonwealth without a permit as required in KRS 151.140 shall be subject to the penalties provided in KRS 151.990. History: Created 1966 Ky. Acts ch. 23, sec. 19.

KRS 151.160 Record and report of water withdrawn under permit -- Effect of noncompliance

151.160. Record and report of water withdrawn under permit -- Effect of noncompliance (1) All public water withdrawn, diverted or transferred pursuant to a permit under KRS 151.140 must be recorded and a report thereof submitted to the cabinet in a manner prescribed by the cabinet. (2) The willful failure to keep accurate records of the withdrawal, diversion or transfer of public water or the failure to submit reports as prescribed by the cabinet shall subject the permit holder to the provisions of KRS 151.990 and possible revocation of the permit. History: Amended 1974 Ky. Acts ch. 285, sec. 4. -- Created 1966 Ky. Acts ch. 23, sec. 20.

KRS 151.170 Permits to be specific -- Issuance -- Amendment

151.170. Permits to be specific -- Issuance -- Amendment (1) All permits issued under KRS 151.140 shall be specific in terms of quantity, time, place and rate of diversion, transfer or withdrawal of public water. Such permits represent a limited right of use and do not vest ownership nor an absolute right to withdraw or use the water. (2) The cabinet shall issue a permit to the applicant if an investigation by the cabinet reveals that the quantity, time, place or rate of withdrawal of public water will not be detrimental to the public interests or rights of other public water users. No permit shall be denied to a responsible applicant who has established an amount of water for which he has a need for a useful purpose, provided the requested amount of water is available. (3) A permit may be issued for an amount of water withdrawal less than that applied for, if found by the cabinet to be in the best interests of the public or other water users. (4) Permits for the withdrawal, transfer, or diversion of public water may be amended at any time upon application to the cabinet by the withdrawer, or by the cabinet when the reports indicate that the withdrawer is using a substantially different amount than permitted. Effective: July 13, 1984 History: Amended 1984 ch. 111, sec. 85, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 285, sec. 5. -- Created 1966 Ky. Acts ch. 23, sec. 21.

KRS 151.182 Notice of violation and hearing thereon -- Demand for hearing on denial, modification or revocation of permit

151.182. Notice of violation and hearing thereon -- Demand for hearing on denial, modification or revocation of permit (1) Whenever the cabinet has reason to believe that a violation of any of the provisions of this chapter or any regulation promulgated pursuant thereto has occurred, it may issue and serve upon the person complained against a written notice of the provision of this chapter or the regulation alleged to have been violated and the facts alleged to constitute the violation thereof. Further, this notice shall require the person so complained against to answer the charges set out in the notice at a hearing before the cabinet at a time not less than thirty (30) days after the date of notice unless the person complained against waives in writing the thirty (30) day period. (2) Except as provided in KRS 151.297 regarding emergency situations, any person not previously heard in connection with the issuance of any order or the making of any final determination by which he considers himself aggrieved may file with the cabinet a petition alleging that the order or final determination is contrary to law or fact and is injurious to him, alleging the grounds and reasons therefor, and demand a hearing. An order or final determination includes, but is not limited to, the issuance, denial, modification, or revocation of a permit, but does not include the issuance of a notice of violation, the issuance of a letter identifying deficiencies in an application for a permit, a registration or a certification, or other nonfinal determinations. Unless the cabinet considers that the petition is frivolous, it shall serve written notice of the petition on each person named therein and shall schedule a hearing before the cabinet not less than thirty (30) days after the date of such notice, or unless the person complained against waives in writing the thirty (30) day period. The right to demand a hearing pursuant to this section shall be limited to a period of thirty (30) days after the petitioner has had actual notice of the order or final determination complained of, or could reasonably have had such notice. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 215, sec. 3, effective July 14, 1992. -- Created 1980 Ky. Acts ch. 253, sec. 1, effective July 15, 1980.

KRS 151.184 Hearing conducted by hearing officer -- Final determination by secretary - - Use of counsel -- Subpoena power -- Hearings to be public

151.184. Hearing conducted by hearing officer -- Final determination by secretary - - Use of counsel -- Subpoena power -- Hearings to be public (1) All hearings under this chapter shall be held before a qualified hearing officer, who may be a full-time employee of the cabinet, serve by contract, or be paid on a per diem basis at the discretion of the cabinet. After the conclusion of the hearing, the hearing officer shall within thirty (30) days make a report to the secretary and a recommended order which shall contain a finding of fact and a conclusion of law. If the secretary finds upon written request of the hearing officer that additional time is needed, then the secretary may grant an extension. The hearing officer shall serve a copy of his report and recommended order upon all parties of record to the proceeding and they shall be granted the right to file within fourteen (14) days of receipt exceptions thereto. The secretary shall consider the report, exceptions, and recommended order and decide the case. The decision shall be served by mail upon all parties and shall be a final order of the cabinet. (2) Any party to a hearing conducted pursuant to this chapter may be represented by counsel, make oral or written argument, offer testimony, cross-examine witnesses, or take any combination of such actions. The record of the hearing shall be open to public inspection, and copies thereof shall be made available to any person upon payment of the actual cost of reproducing the original. (3) In connection with a hearing the cabinet shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. In case of refusal to obey a subpoena issued to any person, the Franklin Circuit Court, upon application by the cabinet, may issue to that person an order requiring him to appear before the cabinet, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question; and any failure to obey the order of the court may be punished by the court as a contempt of court. (4) All hearings conducted pursuant to this chapter shall be open to the public. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 215, sec. 4, effective July 14, 1992. -- Created 1980 Ky. Acts ch. 253, sec. 2, effective July 15, 1980.

KRS 151.186 Appeals from final orders

151.186. Appeals from final orders (1) Appeals may be taken from all final orders of the cabinet. Within thirty (30) days from entry of the final order the appeal shall be taken to the Circuit Court of the county where the structure or activity which is the subject of the order is located. The party or parties affected by the final order shall file in the Circuit Court a petition which states fully the grounds upon which a review is sought and assign all errors relied on. The cabinet shall be named respondent, and service shall be had on the secretary. Summons shall be issued upon the petition directing the cabinet to send its entire record, properly bound, to the clerk of the Circuit Court after certifying that such record is its entire original record or a true copy thereof, which shall be filed by the clerk of the Circuit Court and considered by the Circuit Court on the review. After the case has been properly docketed in the Circuit Court, any party directly affected by the issues on appeal may, upon notice to the parties and upon proper showing and in the discretion of the court, be permitted to intervene. Upon hearing of the appeal, the findings of the cabinet shall be prima facie evidence of the facts found therein. The court shall review the entire record and the findings and final order of the cabinet. (2) Appeals to the Court of Appeals from orders of the Circuit Court shall be taken in the manner provided in the Kentucky Rules of Civil Procedure. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 215, sec. 5, effective July 14, 1992. -- Created 1980 Ky. Acts ch. 253, sec. 3, effective July 15, 1980.

KRS 151.200 Temporary allocation of water supply among users -- Permit for transfer or diversion of water between streams or watersheds

151.200. Temporary allocation of water supply among users -- Permit for transfer or diversion of water between streams or watersheds (1) Notwithstanding the existence of any permits for the withdrawal, diversion, or transfer of public water, in times of drought, emergency, or other similar situations requiring a balancing of the rights and available water between water users, the cabinet, upon declaration of a water emergency by the Governor, may temporarily allocate the available public water supply among water users and restrict the water withdrawal rights of permit holders, until such time as the condition is relieved and the best interests of the public are served. (2) The cabinet, with the approval of the secretary, may issue a permit for the transfer or diversion of public water from one (1) stream or watershed area to another, where such transfer is consistent with the wise use of the public water of the Commonwealth and is in the best interests of the public. Prior to issuance of the permit the applicant shall publish a public notice soliciting written comments on the proposed permit in the newspaper or newspapers having greatest circulation in the area of the stream reach from which the withdrawal is taken. The applicant shall also send written notice to water withdrawal permit holders that might be affected by the permit. Thirty (30) days shall be allowed for public comments on the proposed permit. Effective: July 15, 1986 History: Amended 1986 Ky. Acts ch. 183, sec. 1, effective July 15, 1986. -- Created 1966 Ky. Acts ch. 23, sec. 24.

KRS 151.210 Use of water by landowner for domestic purposes -- Impounding and conserving water, permitted when

151.210. Use of water by landowner for domestic purposes -- Impounding and conserving water, permitted when (1) Any owner of land contiguous to public water shall at all times have the right to the use of water therefrom to satisfy his needs for domestic purposes, which shall include water for household purposes, drinking water for poultry, livestock and domestic animals. The use of water for such domestic purposes shall have priority and be superior to any and all other uses. (2) An owner or group of owners of land contiguous to public water, operating under a withdrawal permit, shall have the right to impound and conserve water for their use by impounding such water behind a dam in the natural stream bed or on their land, when the flow of the stream or level of the lake is such that the impounding will not impair existing uses, or will not unreasonably interfere with a beneficial use by other water users. An obstruction placed across a natural stream shall be approved by the cabinet as provided in KRS 151.250, and shall provide an outlet for the release of water which the owner is not entitled to use or withdraw under KRS Chapters 146, 149, 151, 262, 350.029 and 433.750 to 433.757, and the owner shall operate the outlet in accordance with this provision. History: Created 1966 Ky. Acts ch. 23, sec. 25.

KRS 151.220 Water resources studies

151.220. Water resources studies The cabinet shall: (1) Undertake for and as the official agency of the state, such studies and prepare such reports and recommendations as may be necessary to establish a statewide program of flood control, including major drainage, and a statewide program for the development of water resources; (2) Study and review for the state as its official agency, all survey reports, engineering reports, and other reports concerning or affecting water related projects within the state which are proposed for construction by the federal government, the state government or any agency or subdivision thereof, or which will involve the expenditure of federal or state funds, and which might affect flood control or the development of water resources of the state, and to act as the official representative of the state in any representations, recommendations, or requests to Congress or the General Assembly concerning such projects or the priority which should be accorded them with relation to the statewide program; (3) Make a continuous water resources study of data from other existing state or federal agencies and such other sources as may be available. From such studies, the cabinet shall formulate conclusions and recommendations for use by the Commonwealth in assuring the maximum beneficial use of the water resources of the Commonwealth; (4) Cooperate with any local, state, or federal agency, or the agencies of any other state engaged or proposing to engage in any work which will affect or be affected by the functions of the cabinet and may lend to or receive from any such agency such financial assistance as may be necessary within the limits of authorized expenditure; (5) Have, for flood control and water resources development purposes, jurisdiction over all streams within or bordering upon the state. The cabinet shall have the authority to establish and enforce floodways along such streams; (6) Have authority to accept and use cooperative agreements, grants, and other contributions; and (7) Be the official state agency for determination of stream mileage. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 159, sec. 7, effective June 29, 2023. -- Amended 1974 Ky. Acts ch. 285, sec. 7. -- Created 1966 Ky. Acts ch. 23, sec. 26.

KRS 151.240 Surveys of project on behalf of state

151.240. Surveys of project on behalf of state On its own initiative or when so directed by the Governor, the cabinet shall make a preliminary survey and report of any project which involves or might involve expenditure of state funds or construction work by the State of Kentucky in the construction, reconstruction, or maintenance of any flood control works or other works concerning or affecting the development of water resources. If the cabinet, with the approval of the Governor, finds from such preliminary survey that the project is not favorable, no further action shall be taken on such project without specific instructions or authorization by the General Assembly. If the cabinet finds from such preliminary survey that such project is favorable on a basis of need, economic value or future development, it shall, with the approval of the Governor, cause a comprehensive final survey and report to be prepared, and submit such report to the Governor for approval and authority to perform the necessary construction work. History: Created 1966 Ky. Acts ch. 23, sec. 28.

KRS 151.250 Plans for dams, levees, embankments, dikes, bridges, fill, or other obstruction to be approved and permit issued by cabinet -- Jurisdiction of Department for Natural Resources

151.250. Plans for dams, levees, embankments, dikes, bridges, fill, or other obstruction to be approved and permit issued by cabinet -- Jurisdiction of Department for Natural Resources (1) Notwithstanding any other provision of law, no person and no city, county, or other political subdivision of the state, including levee districts, drainage districts, flood control districts or systems, or similar bodies, shall commence the construction, reconstruction, relocation, or improvement of any dam, embankm ent, levee, dike, bridge, fill, or other obstruction, except those constructed by the Kentucky Transportation Cabinet, in the floodplain or floodway of any stream, unless the plans and specifications for such work have been: (a) Submitted by the person or political subdivision responsible for the construction, reconstruction, or improvement; and (b) Approved in writing by the cabinet and a permit issued. However, the cabinet by administrative regulation may exempt those dams, embankments, or other obstructions which are not of such size or type as to require approval by the cabinet in the interest of safety or retention of water supply. (2) No person, city, county, or other political subdivision of the state shall commence the filling of, or place a building, barrier, or obstruction of any sort in, any area in the floodplain or floodway unless plans and specifications for such work have been submitted to and approved by the cabinet and a permit issued as required in subsection (1) above. (3) Nothing in this section is intended to give the cabinet any jurisdiction or control over the construction, reconstruction, improvement, enlargement, maintenance, or operation of any drainage district, ditch, or system established for agricultural purposes. However, the cabinet may require approval prior to construction of structures, dams, embankments, levees, bridges, fill, or other construction related to agricultural operations that impact the base flood of a stream. (4) The Department for Natural Resources through KRS Chapter 350 shall have exclusive jurisdiction over KRS Chapter 151 concerning the regulation of dams, levees, embankments, dikes, bridges, fills, or other obstructions across or along any stream or in the floodway of any stream which structures are permitt ed under KRS Chapter 350 for surface coal mining operations. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 159, sec. 8, effective June 29, 2023. -- Amended 1982 Ky. Acts ch. 368, sec. 2, effective April 2, 1982. -- Created 1966 Ky. Acts ch. 23, sec. 29. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 151.260 Applications for permit -- Time for approval or rejection -- Emergency action plan administrative regulation

151.260. Applications for permit -- Time for approval or rejection -- Emergency action plan administrative regulation (1) All applications for permits required by KRS 151.250 shall be in the form and manner prescribed by the cabinet. (2) Unless waived by the cabinet, all plans and specifications submitted for approval shall be drawn by an engineer, licensed to practice as a professional engineer under the provisions of KRS Chapter 322. (3) Upon receipt of all plans and specifications, the cabinet shal l notify the applicant in writing within twenty (20) working days for a floodplain permit application, and within forty-five (45) working days for a dam permit application, either that the permit will be issued or denied, or that certain modifications in t he plans or specifications must be made before a permit will be issued. (4) The secretary may establish, by administrative regulation promulgated pursuant to KRS Chapter 13A, a requirement for the owner of any dam classified by the cabinet as high hazard, moderate hazard, or significant hazard to develop, exercise, and maintain an emergency action plan certified by the owner of the dam. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 159, sec. 9, effective June 29, 2023. -- Created 1966 Ky. Acts ch. 23, sec 30. Legislative Research Commission Note (10/29/96). Pursuant to KRS 7.136(2), original references to "division" in subsections (1), (2), and (3) of this statute have been changed to "cabinet" to reflect reorganizations relating to the former Division of Water. See 1974 Ky. Acts ch. 285, sec. 1; 1982 Ky. Acts ch. 214, secs. 1 and 2; 1982 Ky. Acts ch. 393, sec. 50(3).

KRS 151.280 Commencement of preparations for project without permit prohibited -- Deviation from approved plans

151.280. Commencement of preparations for project without permit prohibited -- Deviation from approved plans (1) Any person, county, city or other political subdivision of the state who shall begin on the site preparation for the construction, reconstruction, relocation or improvement of any project prior to the issuance of the permit required in KRS 151.250 shall be considered as commencing without a permit and punishable by penalties provided in KRS 151.990. (2) Whenever plans and specifications have been approved in writing and a permit issued by the cabinet, no person, city, county, or other political subdivision shall deviate from the approved plans in the construction, reconstruction, relocation or improvement unless such change is submitted in writing to the cabinet and prior approval is received from the cabinet in writing before proceeding with the work. Any substantial deviation from the approved plans shall be construed as commencing without a permit and punishable by the penalties provided in KRS 151.990. History: Created 1966 Ky. Acts ch. 23, sec. 32.

KRS 151.291 Responsibility for safety of water barriers owned by Commonwealth -- Transfer of ownership of water barrier -- Responsibility for safety after transfer -- Approval of transfer

151.291. Responsibility for safety of water barriers owned by Commonwealth -- Transfer of ownership of water barrier -- Responsibility for safety after transfer -- Approval of transfer (1) The cabinet shall enforce compliance with all applicable laws and regulations of all dams, reservoirs, levees, embankments, or other water barriers owned by the Commonwealth. (2) The cabinet may take whatever action that it deems necessary to maintain, repair or remove dams, reservoirs, levees, embankments, or other water barriers owned, acquired or constructed by the Commonwealth. (3) Funds expended pursuant to subsection (1) or (2) of this section may not be expended for any aesthetic or functional purposes that are not related to the safety or integrity of the water barrier. (4) Any person to whom the Commonwealth has transferred ownership of any dam, reservoir, levee, embankment or other water barrier shall maintain it in compliance with all applicable laws and regulations. The Commonwealth shall not expend funds to maintain, repair or remove any structure the ownership of which it has transferred after July 15, 1986, unless otherwise expressly provided by law or written agreement. (5) The secretary of the cabinet shall review and approve or disapprove every proposed transfer of any water barrier owned by the Commonwealth. No transfer of any water barrier owned by the Commonwealth shall occur except upon approval of the secretary of the cabinet. The secretary shall ensure that every proposed transfer is consistent with the terms and provisions of this section. Nothing herein shall be construed, however, to prevent the transfer of a water barrier by the Commonwealth without first bringing it into compliance with existing laws and regulations. Effective: July 15, 1986 History: Amended 1986 Ky. Acts ch. 290, sec. 1, effective July 15, 1986. -- Created 1978 Ky. Acts ch. 206, sec. 3, effective June 17, 1978.

KRS 151.293 Inspection reports -- Requirement -- Time periods -- Modification -- Administrative regulations

151.293. Inspection reports -- Requirement -- Time periods -- Modification -- Administrative regulations (1) Within sixty (60) days of completion of an on -site inspection of an existing dam, the cabinet shall prepare an inspection report and notify t he owner in writing. (2) The cabinet may impose such conditions relating to the inspection, operation, maintenance, alteration, repair, use, or control of a dam or reservoir as it determines are necessary for the protection of public health, safety, or wel fare. (3) The cabinet may establish hazard categories for dams based on downstream floodplain use, size, or type of dam, or other criteria, and may impose different conditions or types of conditions on the approval of dams or reservoirs in the different categories. The hazard categories in all cases shall be based only on the actual risk imposed by the dam. (4) The cabinet may utilize the results and information provided by or for the United States Army Corps of Engineers pursuant to the provisions of Pub. L. No. 92-367 if the information is not more than one (1) year old at the time of use. (5) Inspection reports shall be for a definite period of time, not to exceed five (5) years, as determined by the cabinet and stated on the inspection report. In determi ning the period of inspection, the cabinet may take account of any circumstances pertinent to the situation, including, but not limited to, the size and type of dam, topography, geology, soil conditions, hydrology, climate, use of the reservoir, the lands lying in the floodplain downstream from the dam, and the hazard category of the dam. (6) The cabinet may modify an inspection report or the conditions attached to it. Such modification shall become effective ninety (90) days following issuance by the cabinet of a revised inspection report, except when the cabinet finds that a state of emergency exists and that life or property would be endangered by delay. In case of an emergency declared by the cabinet, the new conditions shall be effective immediately. (7) Specific guidelines for issuance and renewal of an inspection report for earth embankment dams shall be provided by administrative regulations which shall address at least the following areas: (a) The hydraulic capacity requirements for each category of dam shall be provided. The probable maximum precipitation as determined by the National Oceanic and Atmospheric Administration or another scientific evidence -based means shall be used only where it can be clearly demonstrated that failure of the dam by overtopping would result in greater loss of life than would occur if the dam did not exist and only for small watersheds, since such large rainfall events are not expected to occur over large areas. The cabinet shall provide a table of factors that reduce this rainfall appropriately for larger watersheds; (b) Minimum criteria for the embankment stability of the dam, including consideration of such factors as steepness of slopes, strength of materials, and earthquake loadings shall be specified; (c) Variance procedures for applicable hydraulic and stability considerations shall be included for, but not limited to, variances to hydraulic criteria where only a small number of persons are at risk and where a reliable, effective emergency preparedness system will be installed; where a risk analysis demonstrates that at rainfall levels less than that specified in the administrative regulation there is no risk that actually results from the dam; where an owner can demonstrate that the dam substantially conforms to the criteria in the administrative regulation; and, for dams that pose a risk of economic damages only, where the owner provides indemnification against potential damages; (d) Before any variance is issued, the affected public shall be notified of the cabinet's intended action and allowed to make known any objections or concerns that it might have; (e) Whenever the owner of a dam has requested a variance and the request has not been granted or has not been granted in the manner requested, the owner or aggrieved party may petition the cabinet to have the variance request reviewed and a final determination made by the cabinet. If not satisfied by the final determination of the cabinet, the party may seek administrative remedy from the cabinet under the provisions of KRS 151.182; (f) Items of general maintenance of a dam and all its appurtenances shall include provisions for at least the following: dams shall be mowed regularly; dams shall be free of trees and brush; animal burrows shall not be allowed on dams; slides, erosion and cracks that could pose problems to dams shall be properly repaired; action shall be taken to alleviate excessive wetness and abnormal seepage; appurtenances that are necessary for the proper operation and maintenance of the dam shall be kept in proper working condition; (g) Provisions shall be made whereby the cabinet will allow for staged renovation of dams that do not meet the criteria of the administrative regulations and shall clearly identify the circumstances under which staging is allowable and set a maximum time limit that may be allowed for bringing the dam into compliance. Other provisions shall require the owner to develop and maintain an emergency action plan, to provide interim insurance, bonding or other indemnification, and on a frequent basis as specified by the cabinet, to inspect the dam and report to the cabinet the status of any facilities or conditions of concern; and (h) If the cabinet has previously required a dam to be upgraded to meet a certain dam safety standard, it shall not require that the dam be upgraded again because of a change in the administrative regulation with regard to that same standard. However, if the owner proposes subs tantial construction on the dam or if the dam must be repaired due to indications of distress or to partial failure, the cabinet may require the owner to bring the dam into full compliance with current standards. (8) The cabinet shall establish guidelines on a case-by-case basis for gravity dams and other types of dams that are unusual to the Commonwealth, and shall follow recognized engineering practice. (9) Plans and specifications submitted to the cabinet shall be the responsibility of and signed by an engineer licensed by the Commonwealth and experienced in the design and construction of dams, as determined by the cabinet. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 159, sec. 10, effective June 29, 2023. -- Amended 2017 Ky. Acts ch. 117, sec. 14, effective June 29, 2017. -- Amended 1988 Ky. Acts ch. 405, sec. 2, effective July 15, 1988. -- Amended 1978 Ky. Acts ch. 206, sec. 1, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 285, sec. 8.

KRS 151.295 Regular inspections of dams and reservoirs

151.295. Regular inspections of dams and reservoirs The public safety and welfare requiring it, the secretary shall conduct a program of regular inspections of dams and reservoirs within the state. The frequency of such inspections shall be as determined by the secretary, who may establish different inspection intervals. History: Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(9). -- Created 1974 Ky. Acts ch. 285, sec. 9.

KRS 151.297 Orders for remedy -- Action by cabinet -- Contracts or agreements for required work -- Hearings

151.297. Orders for remedy -- Action by cabinet -- Contracts or agreements for required work -- Hearings (1) Whenever the cabinet determines that any person to which a certificate of inspection has been issued has failed to comply with the conditions in said certificate or whenever the cabinet determines that life or property are or may be endangered by the failure or incapacity of any dam, reservoir, levee, embankment, or other water barrier, or by any other cause related to a dam or reservoir, levee, embankment, or other water barrier irrespective of any condition or the lack thereof in the certificate of inspection for said dam or reservoir, or in those instances where no certificate is required on the levee, embankment or other water barrier, the cabinet shall order the owner thereof to take such action as is necessary to render the dam, reservoir, levee, embankment, or other water barrier safe. (2) When the cabinet determines that the dam, reservoir, levee, embankment, or other water barrier has been abandoned; or where the owner fails, in the judgment of the cabinet, to take satisfactory action toward compliance with an order, issued pursuant to this section; or where an owner fails to maintain a satisfactory rate of progress toward full compliance therewith; or where in the judgment of the cabinet, the danger to life or property will not permit delay, the cabinet shall declare that an emergency exists and shall take such action as it deems necessary to render the dam, reservoir, levee, embankment, or other water barrier safe, which action may include, but is not limited to: (a) Taking full charge and control of the dam, reservoir, levee, embankment, or other water barrier; (b) Lowering the water level or emptying the reservoir; (c) Performing any necessary remedial or protective work at the site; (d) Taking such other steps as may be necessary to safeguard life and property; or (e) Removing the dam, reservoir, levee, embankment, or other water barrier. (3) The cabinet may continue such action until the dam, reservoir, levee, embankment, or other water barrier involved is rendered safe or the emergency requiring the action has ceased. The secretary is authorized to enter into contracts or agreements with other state, local, or federal agencies, or other persons, for work necessary to implement such necessary actions. (4) Any person to whom an order is directed pursuant to this section shall comply therewith immediately, but, on petition to the cabinet, may within five (5) working days have a hearing thereon. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 206, sec. 2, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(9). -- Created 1974 Ky. Acts ch. 285, sec. 10.

KRS 151.299 Liability for costs of cabinet emergency work -- Action for recovery of costs -- Foreclosure sale to satisfy judgment

151.299. Liability for costs of cabinet emergency work -- Action for recovery of costs -- Foreclosure sale to satisfy judgment Whenever the secretary takes action authorized by KRS 151.297, the owner or owners of the dam or the dams creating the impoundment, or levee, embankment, or other water barriers at which such action was taken shall be jointly and severally liable for the costs of taking such action, including applicable overheads, and a lien in the amount of such costs shall be automatically created on all property owned by any such owner at or proximate to such dam or reservoir. The secretary shall file an action in the Circuit Court having jurisdiction over any owner or the owner's property for the recovery of such costs, and may join all other owners in such action irrespective of any statutes to the contrary relating to jurisdiction or venue. Following the conclusion of such action the secretary may make application to the court for foreclosure sale of the property to satisfy any judgment obtained by the secretary. History: Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(9). -- Created 1974 Ky. Acts ch. 285, sec. 11.

KRS 151.310 Deposits in water without permit prohibited

151.310. Deposits in water without permit prohibited No person, city, county, or other political subdivision of the state shall deposit or cause to be deposited any matter that will in any way restrict or disturb the flow of water in the channel or in the floodway of any stream except where a permit has been issued for construction under KRS 151.250, or to encroach on the reservoir area of any dam under the jurisdiction of the Commonwealth, or any of its political subdivisions. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 159, sec. 11, effective June 29, 2023. -- Created 1966 Ky. Acts ch. 23, sec 35.

KRS 151.320 Officers required to enforce law

151.320. Officers required to enforce law (1) The mayor or chief executive officer of each city and the county judge/executive of each county, shall have the concurrent duty of enforcing with the cabinet, within their respective cities and counties, the provisions of KRS 151.250, 151.280 and 151.310 and rules and regulations issued thereunder. (2) When a violation of KRS 151.250, 151.280 or 151.310 within his jurisdiction is brought to the attention of a mayor or chief executive officer of a city or a county judge/executive, he shall immediately notify the cabinet of the location and details of such violation. History: Created 1966 Ky. Acts ch. 23, sec. 36.

KRS 151.460 Actions for penalties and injunctions

151.460. Actions for penalties and injunctions (1) It shall be the duty of the cabinet's Office of Legal Services, or upon the secretary's request, of the Attorney General, to bring an action for the recovery of the penalties herein provided for and to bring an action for a restraining order, temporary or permanent injunction, for the prevention or correction of a condition constituting or threatening to constitute a violation of this chapter, except as provided for in KRS 151.299. (2) All actions for penalties and injunctive relief for violations of this chapter shall be brought in the name of the Commonwealth of Kentucky by the cabinet's Office of Legal Services, or upon the secretary's request, by the Attorney General in the Circuit Court of the county in which the applicant resides, or in the Circuit Court having jurisdiction of the defendant. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 399, sec. 5, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 216, sec. 8, effective July 13, 1984. -- Amended 1976 Ky. Acts ch. 289, sec. 5. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(9); and ch. 285, sec. 13. -- Created 1966 Ky. Acts ch. 23, sec. 37. Legislative Research Commission Note (10/6/97). 1996 Ky. Acts ch. 360 confirmed a reorganization by which the Department of Law in the Natural Resources and Environmental Protection Cabinet was changed to that cabinet's Office of Legal Services. For this reason, under KRS 7.136(2), references to "Department of Law" in subsections (1) and (2) of this statute have been changed to read "Office of Legal Services."

KRS 151.550 Community Flood Damage Abatement Program

151.550. Community Flood Damage Abatement Program (1) There is hereby created a Community Flood Damage Abatement Program within the Energy and Environment Cabinet. (2) It is hereby declared to be the purpose of the program to provide funds and technical assistance to local governments to initiate flood control projects and programs. (3) This program shall be administered by the secretary according to standards designed to promote adequate planning, construction and conservation measures to deal with water drainage problems. (4) Any local sponsoring community desiring to qualify for funding, must: (a) Make application to the cabinet which shall be in the form and manner prescribed by the cabinet; (b) Provide at no expense to the cabinet, all lands and easements necessary for project construction; (c) Agree to operate and maintain the project in a manner acceptable to the Commonwealth to insure the continued capacity of the project to prevent or minimize flood damages; (d) Submit evidence of the history of flooding within the last five (5) years; (e) Submit evidence of flood damage in dollars within the last five (5) years. (5) The cabinet shall have and exercise the power and authority to annually inspect the completed project to insure compliance with any of the provisions of this section or with any rules, regulations or orders adopted pursuant thereto, or with any of the conditions contained in subsection (4)(c) of this section. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 178, effective July 15, 2010. -- Created 1978 Ky. Acts ch. 293, sec. 1, effective June 17, 1978.

KRS 151.580 Negotiation with federal agencies for operation or maintenance of a navigable waterway within Kentucky -- Approval of agreement -- Appropriation

151.580. Negotiation with federal agencies for operation or maintenance of a navigable waterway within Kentucky -- Approval of agreement -- Appropriation The cabinet may negotiate with the appropriate federal agencies for the operation or maintenance of a navigable waterway within the state boundaries. The cabinet shall not initiate negotiation for operation or maintenance of a waterway under federal control unless the lack of an agreement jeopardizes the continued navigation of said waterway. Any agreement negotiated by the cabinet shall be subject to the approval of the Governor and the secretary of the Finance and Administration Cabinet, and, if the negotiated agreement will involve the expenditure of state funds, the General Assembly may appropriate funds to fulfill the terms of the negotiated agreement before the negotiated agreement shall become effective. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 418, sec. 1, effective July 15, 1982.

KRS 151.600 Public information program for floodplain management and flood hazard mitigation programs

151.600. Public information program for floodplain management and flood hazard mitigation programs (1) The cabinet shall administer National Flood Insurance Program-related activities, by developing a public information program for use by local units of government which will assist them in the development of floodplain management and flood hazard mitigation programs. The cabinet shall make the public information program available statewide and easily accessible. (2) The public information program shall be designed to increase public awareness and community responsiveness toward floodplain management and shall include, but not be restricted to, the following: (a) Floodplain information training workshops for local officials and citizens; (b) Floodplain information booklets describing floodplain management, including flood warnings, overall preparedness, flood insurance, and floodproofing of buildings; and (c) Model floodplain development ordinances for adoption by local governmental units. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 159, sec. 12, effective June 29, 2023. -- Created 1980 Ky. Acts ch. 173, sec. 1, effective July 15, 1980.

KRS 151.601 County and multicounty water management planning councils

151.601. County and multicounty water management planning councils (1) Water management planning councils shall be established for each county with the assistance of the appropriate area development district. Two (2) or more counties may form a multicounty water management planning council. The planning councils shall, as a minimum, be comprised of the following: (a) Each county judge/executive or mayor of an urban-county government, or his or her authorized representative; (b) One (1) representative selected by each community public water system, as defined in 401 KAR 8:010 sec. 1(71)(a), that provides water to persons in the county; (c) One (1) representative selected by a local health department in the county; and (d) One (1) representative selected by each city with a population equal to or greater than one thousand (1,000) based upon the most recent federal decennial census that is not a water supplier or distributor, unless that city chooses to be represented by another member of the planning council. (2) If, after the water management planning council appointments have been made, a county judge/executive or mayor of an urban-county government determines that any areas of the county or urban county government remain unrepresented on the planning council, the county judge/executive or mayor of the urban-county government may appoint an individual to represent that area. (3) The county judge/executive or mayor of an urban-county government or the county judge/executive or the mayor's designated representative shall serve as the chair of the water management planning council of which either the county judge/executive or the mayor is a member. (4) Members of the water management planning councils shall serve without pay but may be reimbursed by counties or appointing agencies for reasonable expenses incurred to carry out the work of the councils. (5) The area development districts shall develop a forum for the chairpersons of the water management planning councils or multicounty planning councils to meet on at least a quarterly basis for the purpose of developing regional service strategies consistent with the findings and purpose set out in KRS 224A.300. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 179, sec. 10, effective June 29, 2023. -- Amended 2014 Ky. Acts ch. 92, sec. 221, effective January 1, 2015. -- Created 2000 Ky. Acts ch. 529, sec. 3, effective July 14, 2000. Legislative Research Commission Note (6/29/2023). 2023 Ky. Acts ch. 179, which amended this statute, removed all references to "2020" from the phrase "2020 water management planning council" except for one that was overlooked. It is clear from the context that all references to "2020" were to have been removed, and the Reviser of Statutes has corrected this manifest clerical or typographical error in codification under the authority of KRS 7.136.

KRS 151.603 Consistency of each council's long-range water supply plan with other provisions of law -- Contents of plan -- Function of planning councils

151.603. Consistency of each council's long-range water supply plan with other provisions of law -- Contents of plan -- Function of planning councils (1) Each water management planning council shall develop and maintain a plan consistent with the county long-range water supply plan developed under KRS 151.114 and the water supply planning process set out in KRS Chapter 151 and administrative regulations of the cabinet and the purposes set out in KRS 224A.300. The plan shall include a water needs forec ast for the county in five (5) year increments within a twenty-five (25) year planning cycle with the first cycle beginning in 2025. The plan shall include a strategy for improving reliability and resiliency of water service, delivering public water to und erserved and unserved areas, and shall consider merger, consolidation, and management of water systems to achieve the purposes set out in KRS 224A.300. The Energy and Environment Cabinet, in collaboration with the authority as agreed upon in the State Revo lving Fund Memorandum of Agreement, may disapprove and direct redevelopment of a plan under this subsection for inconsistencies with the purposes set out in KRS 224A.300. (2) The water management planning councils or multicounty planning councils shall assume the role and function of the planning units established to implement the water supply planning process set out in KRS 151.114 and administrative regulations of the cabinet. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 179, sec. 11, effec tive June 29, 2023. -- Created 2000 Ky. Acts ch. 529, sec. 4, effective July 14, 2000.

KRS 151.605 Water service coordinators -- Supplemental funding -- Assistance by state agencies

151.605. Water service coordinators -- Supplemental funding -- Assistance by state agencies (1) The water management planning councils or multicounty planning councils may employ a water service coordinator. Planning councils may jointly employ a water service coordinator. The water service coordinator shall assume the role and function of the county long-range planning representative appointed under KRS 151.114 and the water supply planning process set out in KRS Chapter 151 and administrative regulation s of the cabinet. In addition, water service coordinators shall assist the water planning councils or multicounty planning councils in developing the plans required under KRS 151.603. (2) The Kentucky Infrastructure Authority may establish by administrativ e regulations a program to provide or supplement funding for a multicounty planning council water service coordinator for a period of three (3) years from July 14, 2000. There shall be no more than one (1) position funded per area development district. (3) All state agencies shall cooperate with and assist the water management planning councils as appropriate to accomplish the purposes set out in KRS 224A.300. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 179, sec. 12, effective June 29, 2023. -- Created 2000 Ky. Acts ch. 529, sec. 5, effective July 14, 2000.

KRS 151.607 Annual review and prioritization of planning councils' plans

151.607. Annual review and prioritization of planning councils' plans (1) After July 1, 2001, and annually thereafter, each area development district shall review and prioritize the planning councils' plans for underserved and unserved areas within the water management area for that district. The review and prioritization shall be conducted with the assistance and input of the authority and the water management councils for the counties or multicounty areas within a water management area. These prioritization plans shall be submitted to the authority for review and approval. The authority may suggest changes necessary for the purpose of qualifying for financial assistance from the water service account of the Kentucky Infrastructure Authority. (2) Factors to be considered in prioritizing the plans for underserved and unserved areas within a water management area include: (a) The current and potential customer base that would benefit from water service; (b) The adequacy, cost-effectiveness, and dependability of water sources, water treatment capacity, and distribution lines that may be used to provide water service; and (c) The potential to consolidate or merge management or operations to provide efficient and affordable services. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 179, sec. 13, effective June 29, 2023. -- Created 2000 Ky. Acts ch. 529, sec. 6, effective July 14, 2000.

KRS 151.610 Definitions for KRS 151.610 to 151.615

151.610. Definitions for KRS 151.610 to 151.615 As used in KRS 151.610 to 151.615, the following definitions shall apply: (1) "Compensatory mitigation" means replacement of aquatic resource functions and values adversely impacted by an activity permitted under a Section 404 permit; (2) "HUC 10 watershed" means a hydrologic unit code (HUC) watershed delineated according to the method of subdivision for the organization of hydrologic data established by the United States Geological Survey (USGS). As used in KRS 151.610 to 151.615, "watershed" means a HUC 10 watershed; (3) "Mitigation organization" means an organization that is approved by the USACE as a mitigation bank or to manage or perform third-party compensatory mitigation under the Section 404 permit program; and is approved for such purposes under the Section 401 certification program; (4) "Mitigation Review Team" means the interagency committee established pursuant to agreement with the USACE pursuant to Section 404 of the Clean Water Act to approve proposed projects for design and construction with in-lieu moneys; and perform annual reviews of ongoing and completed projects; (5) "Restoration" means restoring an altered, unstable, or converted wetland or stream to a stable condition that improves its geomorphic, biological, and chemical integrity, reduces sedimentation, provides and enhances habitat, improves health of the aquatic community, and restores wetland or stream functions and values; (6) "Riparian" means the zone of living and nonliving systems that influence or are influenced by a corridor of a river, stream, or waterbody; (7) "Section 404 permit" means a permit issued by USACE under 33 U.S.C. sec. 1344 et seq. and "Section 401 certification" means a water quality certification issued under 33 U.S.C. sec. 1341; (8) "Stream restoration and mitigation" means restoration of wetlands, streams, or other waterbodies, and mitigation of adverse effects on waterbodies, in a manner consistent with Sections 404 and 401 of the Clean Water Act; (9) "USACE" means the United States Army Corps of Engineers; (10) "2020 water management planning council" means the council established under KRS 151.601; and (11) "404 In-lieu Fee Program" means a USACE-approved method for permittee satisfaction of compensatory mitigation requirements under a Section 404 permit. This method allows a permittee to provide funds to a qualified sponsor rather than undertaking a specific mitigation project or purchasing credits from an approved mitigation bank. Effective: July 15, 2008 History: Created 2008 Ky. Acts ch. 97, sec. 1, effective July 15, 2008.

KRS 151.611 Stream Restoration and Mitigation Authorities -- Powers -- Limitation on authority -- Legislative preferences on funding uses

151.611. Stream Restoration and Mitigation Authorities -- Powers -- Limitation on authority -- Legislative preferences on funding uses (1) A Stream Restoration and Mitigation Authority may be established for any HUC 10 watershed in the Commonwealth. Each authority formed under this section shall be a public body corporate and politic with the authority to: (a) Sue and be sued; (b) Enter into contracts with public and private individuals and corporations and engage in cooperative agreements with federal, state, and local governments or agencies, utilities, special districts, and nonprofit organizations for the performance of its duties and functions under KRS 151.610 to 151.615; (c) Employ personnel as needed, as its fiscal resources may allow, and use the services of volunteers individually or through agreement with governmental agencies, nonprofit organizations, or foundations; (d) Receive and expend funds from any source, including but not limited to private donations, charitable contributions, public grants, 404 In-lieu Fee Program, and appropriations from the General Assembly; and (e) Acquire, sell, and hold real interests in property. (2) Nothing in KRS 151.610 to 151.615 shall be construed to empower or authorize an authority established under KRS 151.610 to 151.615 to exercise regulatory powers with respect to water resources or water quality. An authority established under KRS 151.610 to 151.615 shall not be vested with the power of eminent domain. (3) It is the preference of the General Assembly that funds contributed by a permittee under a Section 404 Permit into an in-lieu fund for a project designed for stream restoration and mitigation be utilized within the watershed where the adverse effects occur. The General Assembly recognizes that conservation and protection of the water resources of the Commonwealth, including streams, rivers, wetlands, and riparian habitats, may involve, in addition to restoration and enhancement of aquatic and riparian habitat, proper management of wastewater and stormwater, and abatement of pre-existing sources of pollution. Where an authority has been qualified by the USACE to manage an in-lieu fee or other compensatory mitigation arrangement that is approved after July 15, 2008, under Section 404, and to the extent that the USACE and the Mitigation Review Team has approved the use of such funds for elimination of pre-existing sources of pollution, the authority may expend a portion of the funds for those purposes, provided that the: (a) Funds spent on water quality improvements are a component of a stream or wetland restoration plan for replacement of aquatic resource functions and values; (b) Project has been reviewed and approved by the USACE and the Division of Water as being consistent with Sections 404 and 401 of the Clean Water Act; and (c) In-lieu fees shall be available statewide, to all one hundred twenty (120) counties, subject to federal and state regulatory requirements. (4) Nothing in KRS 151.610 to 151.615 shall preclude the authority, when acting as an approved qualified organization managing an in-lieu fee arrangement approved after July 15, 2008, from combining funding from other sources with in-lieu fees in order to achieve efficiencies in stream restoration or mitigation. Effective: April 27, 2018 History: Amended 2018 Ky. Acts ch. 171, sec. 19, effective April 14, 2018; and ch. 207, sec. 19, effective April 27, 2018. -- Created 2008 Ky. Acts ch. 97, sec. 2, effective July 15, 2008. Legislative Research Commission Note (4/27/2018). This statute was amended by 2018 Ky. Acts chs. 171 and 207, which do not appear to be in conflict and have been codified together.

KRS 151.612 Assistance in establishing Stream Restoration and Mitigation Authority

151.612. Assistance in establishing Stream Restoration and Mitigation Authority (1) Any 2020 water management planning council located in a given HUC 10 watershed or portion of a given HUC 10 watershed may contact the water service coordinator in the area development district that serves the council and request assistance with the establishment of a Stream Restoration and Mitigation Authority. (2) If there is a request by a 2020 water management planning council to develop a Stream Restoration and Mitigation Authority for a HUC 10 watershed, and if that watershed extends through more than one (1) area development district, the water service coordinator shall contact the water service coordinators of the affected area development districts and inform them of the request to form a Stream Restoration and Mitigation Authority. (3) The water service coordinators shall request the 2020 water management planning councils submit their list of nominees for the Stream Restoration and Mitigation Authority, and the water service coordinator shall forward those lists to the Governor for appointment in accordance with KRS 151.613. (4) Any 2020 water management council located in the watershed may elect at any time not to participate in a Stream Restoration and Mitigation Authority by indicating the election in a resolution. However, that election shall not limit the right of any other 2020 water management council to establish a Stream Restoration and Mitigation Authority for that watershed. Effective: July 15, 2008 History: Created 2008 Ky. Acts ch. 97, sec. 3, effective July 15, 2008.

KRS 151.613 Authority membership -- Qualifications -- Terms -- Compensation -- Officers

151.613. Authority membership -- Qualifications -- Terms -- Compensation -- Officers (1) Members of a Stream Restoration and Mitigation Authority established under KRS 151.610 to 151.615 shall reside or have a real property interest in the given watershed and shall serve as ex officio members of the 2020 water management planning councils established under KRS 151.601(1) that lie within a given watershed. (2) Each authority shall be composed of the following members appointed by the Governor: (a) If there is a sewer utility or utilities serving all or a portion of the HUC 10 watershed, one (1) representative of these utilities; (b) If there is a water utility or utilities serving all or a portion of the HUC 10 watershed, one (1) representative of these utilities; (c) Two (2) representatives of conservation organizations, with one (1) selected from a local watershed organization, if possible; (d) Three (3) representatives of business or industries with facilities or operations located within the watershed, selected to provide representation from development, manufacturing, and extractive industry sectors, if possible; (e) Two (2) representatives from the local governments whose jurisdictional boundaries include all or a portion of the watershed, with one (1) representing the largest incorporated municipality in the watershed if any, and the other representing county government; or in the absence of an incorporated municipality whose jurisdictional boundaries include all or a portion of the watershed, two (2) representatives of county government; (f) One (1) representative of the Soil and Water Conservation District in which the watershed is located; (g) One (1) representative of an organization representing aquatic recreation interests; (h) One (1) representative of the agricultural land use sector; and (i) One (1) representative of a nonprofit organization managing grants affecting all or any portion of the watershed, in order to support local efforts by schools, local governments, nonprofit organizations, and volunteers to accomplish the goals of improving water quality, addressing solid waste problems, and promoting environmental awareness and education. (3) Members shall serve four (4) year terms, except the first members of the authority shall serve for terms of years as follows: (a) Four (4) members shall serve for a term of four (4) years; (b) Four (4) members shall serve for a term of three (3) years; and (c) The remaining members shall serve for a term of two (2) years. (4) Members of the authority may be reappointed. A vacancy in an unexpired term shall be filled for the unexpired portion of the term in the same manner as the original appointment to that term. (5) Members of the authority shall serve without pay but may be reimbursed by the authority, as fiscal resources allow, for reasonable expenses incurred to carry out their work. (6) Each authority shall elect officers to serve annual terms, adopt bylaws, and establish an annual budget and, when appropriate, may establish advisory committees and policies it deems necessary for the authority's operation. (7) The authority may remove any member at the member's request or due to poor attendance at meetings. (8) Any organization meeting the following conditions may become a Stream Restoration and Mitigation Authority for the purposes of KRS 151.610 to 151.615: (a) The organization was created as an instrumentality of one (1) or more local governments pursuant to KRS Chapter 65 or 273 for the purposes of planning and implementing stream restoration and water quality enhancement projects on a watershed basis; (b) The organization was established prior to January 1, 2008; (c) The organization has adopted a resolution by majority vote to become a Stream Restoration and Mitigation Authority, and has informed the water service coordinator or coordinators in the watershed; and (d) The membership of the organization's governing body has been expanded to include representatives as identified under subsection (2) of this section. The terms of office for existing members of Stream Restoration and Mitigation Authorities established under this subsection shall continue in the same manner until the date that the term expires. New members shall be appointed in the manner prescribed under subsections (2), (3), and (4) of this section, except that newly appointed members shall serve four (4) year terms. Effective: July 15, 2008 History: Created 2008 Ky. Acts ch. 97, sec. 4, effective July 15, 2008.

KRS 151.614 Authority powers and duties -- Reports

151.614. Authority powers and duties -- Reports (1) Stream Restoration and Mitigation Authorities established under KRS 151.610 to 151.615 shall work in close partnership with local, state, and federal agencies in actively advocating for the restoration, protection, and enhancement of the watershed through stream restoration and mitigation projects. To this end, an authority may: (a) Recommend proposed stream restoration and mitigation projects to the 404 Mitigation Review Team for its consideration; and (b) Undertake the management of stream restoration and mitigation projects and may, in accordance with policies and regulations of the USACE, seek approval to be designated by the USACE as a qualified mitigation organization. (2) Stream Restoration and Mitigation Authorities may: (a) Establish a technical advisory committee, soliciting participation from representatives of area utilities and water, sewer, and sanitation districts, federal, state, and local governments, and agencies thereof, consultants, colleges, and universities to assist the authority in the prioritization of proposed mitigation projects, the management of mitigation projects and in other efforts to improve watershed management; (b) Review and comment on plans developed by federal, state, and local government agencies which relate to the watershed management and identify and recommend areas in which improved coordination of planning and project design could, on a case-by-case and a systemic basis, result in greater efficiencies and better outcomes for watershed management and water resource protection; (c) Initiate, sponsor, and participate in educational programs to increase public awareness and stakeholder involvement in water resources protection and watershed management; (d) Prepare a six (6) year work plan, with annual review, for improvement of the water resources of the watershed, including the: 1. Identification and prioritization of site-specific stream restoration projects; 2. Development of recommendations for coordination of infrastructure improvements and water resource enhancement; 3. Solicitation of public participation in development of the work plan and of other strategies for water resource improvement and watershed management; and 4. Description of accomplishment during the previous year and the status of projects undertaken by the authority of other entities within the watershed; (e) Review project proposals for mitigation or restoration within the watershed to ensure that the appropriate benchmarks and monitoring of preproject and postproject hydrologic and biologic conditions are included in the mitigation and restoration projects in order to measure success in achievement of the project goals; (f) Conduct pilot or demonstration projects for stream restoration and mitigation; and (g) Contract for technical assistance in undertaking any of the responsibilities authorized under KRS 151.610 to 151.615. (3) Stream Restoration and Mitigation Authorities shall report to the Legislative Research Commission by October 31 of each year on any stream restoration and mitigation work performed by the authority in the watershed, including the amount of mitigation funds received from USACE or from a permittee under a Section 404 permit approved by the USACE, and any funding received from all sources and a listing of upcoming restoration and mitigation projects authorized by the USACE or the Department for Environmental Protection. (4) When performing any stream restoration or mitigation activity, the authority shall comply with all permitting procedures set out in federal and state statutes and associated regulations of the USACE and the Kentucky Energy and Environment Cabinet, and other local, state, and federal agencies, as appropriate. (5) The work plan provided for in paragraph (d) of subsection (2) of this section shall not be construed as amending or affecting plans developed under local, state, or federal law, including plans developed under Section 208 of the Federal Water Pollution Act, 33 U.S.C. sec 1288. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 179, effective July 15, 2010. -- Created 2008 Ky. Acts ch. 97, sec. 5, effective July 15, 2008.

KRS 151.615 Authority pilot projects permitted

151.615. Authority pilot projects permitted (1) Stream Restoration and Mitigation Authorities established under KRS 151.610 to 151.615 may conduct one (1) or more of the following restoration and mitigation activities as pilot projects, identified within its watershed plan: (a) Restoration and mitigation of impairments or permanent loss of water resources due to mining operations; (b) Restoration and mitigation of impairment or permanent loss of water resources due to highway or road construction; (c) Restoration and mitigation of impairment or permanent loss of water resources due to agricultural or sivicultural operations; or (d) Restoration and mitigation of impairment or permanent loss of water resources due to residential or commercial building construction. (2) If a Stream Restoration and Mitigation Authority undertakes a project that does not otherwise require development and submittal to a state or federal agency of a plan with standards and criteria for evaluating project success, the authority shall develop standards and criteria for evaluating the project's success. The authority shall include an account of the pilot projects findings in the report required under KRS 151.614(3). Effective: July 15, 2008 History: Created 2008 Ky. Acts ch. 97, sec. 6, effective July 15, 2008.

KRS 151.620 Legislative findings

151.620. Legislative findings The General Assembly finds that groundwater makes up over ninety-five percent (95%) of the water resources in Kentucky. Groundwater accounts for over thirty percent (30%) of the public and domestic water supplies in the Commonwealth, and up to ninety percent (90%) of all rural domestic supplies, and is the major source of water to streams. It is imperative that a system for characterizing and monitoring groundwater be developed so that information acquired through various monitoring programs will allow Kentucky to identify and characterize the groundwater resource. The information from the monitoring network can be used to enhance the Kentucky Groundwater Data Repository; identify, characterize, and model groundwater systems; develop community and private water supplies; address resource allocation concerns; set boundaries on wellhead protection areas; recognize groundwater degradation if it occurs; and evaluate and improve the quality and quantity of data collected through all programs. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 30, sec. 1, effective July 15, 1998.

KRS 151.621 Definitions for KRS 151.620 to 151.629

151.621. Definitions for KRS 151.620 to 151.629 As used in KRS 151.620 to 151.629, unless the context requires otherwise: (1) "Committee" means the Interagency Technical Advisory Committee on Groundwater as created in KRS 151.629; (2) "Groundwater resource" means groundwater that is currently being used or is capable of being used; (3) "Groundwater system" means a body of groundwater that is separated from other bodies of groundwater either by flow characteristics including but not limited to flow direction, flow speed, permeability, or storativity, or by water chemistry or layers of rock; (4) "KGS" means the Kentucky Geological Survey; and (5) "Monitoring network" means a series of wells, springs, and associated surface water that will be tested on a periodic basis for water level, discharge, and water chemistry. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 30, sec. 2, effective July 15, 1998.

KRS 151.625 Establishment of long-term groundwater monitoring network -- Duties

151.625. Establishment of long-term groundwater monitoring network -- Duties (1) The KGS shall, in cooperation with the Interagency Technical Advisory Committee on Groundwater, establish a long-term groundwater monitoring network for the purpose of characterizing the quality, quantity, and distribution of Kentucky's groundwater resources. (2) The monitoring network shall include: (a) Representative sites sampled by various agencies; (b) Water wells, springs, and surface water associated with wells and springs; and (c) New monitoring wells installed in areas of demonstrated need. This network shall collect information on a statewide basis and provide long-term data collection to determine the quality, quantity, and occurrence of groundwater throughout the Commonwealth. (3) The KGS shall utilize collected data to support research efforts that develop models for groundwater systems, and to determine and monitor trends of groundwater movement, water quality, and quantity. (4) The KGS shall provide data from the network to the Kentucky Groundwater Data Repository and make the data readily available to the public, government agencies, industry, and other entities that request access. Analyzed data may be made available in the form of maps, charts, bulletins, and reports. (5) The KGS shall solicit input from federal, state, and local agencies, and industry, agriculture, universities, and the public to determine priority monitoring locations based on water quality and quantity concerns as the network is developed. (6) Within ninety (90) days of the end of each state fiscal year, the KGS shall provide to the Governor and the Legislative Research Commission a summary of the groundwater monitoring network data collection and analysis activities. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 30, sec. 3, effective July 15, 1998.

KRS 151.629 Interagency Technical Advisory Committee on Groundwater -- Duties and responsibilities

151.629. Interagency Technical Advisory Committee on Groundwater -- Duties and responsibilities (1) There is established an Interagency Technical Advisory Committee on Groundwater to assist the KGS in the development, coordination, and implementation of a groundwater monitoring network for the Commonwealth. The committee shall consist of one (1) representative from each of the following agencies, to be appointed by that agency: (a) Division of Conservation of the Department for Natural Resources; (b) Division of Public Health Protection and Safety of the Cabinet for Health and Family Services; (c) Division of Forestry of the Department for Natural Resources; (d) Division of Environmental Services of the Department of Agriculture; (e) Division of Waste Management of the Department for Environmental Protection; (f) Division of Water of the Department for Environmental Protection; (g) Department for Environmental Protection; (h) Department for Natural Resources; (i) Kentucky Geological Survey; (j) University of Kentucky College of Agriculture; and (k) University of Kentucky Water Resources Research Institute. (2) The committee shall have two (2) nonvoting legislative liaisons who shall be members of the General Assembly. One (1) liaison shall be a House member appointed by the Speaker of the House of Representatives and one (1) liaison shall be a Senate member appointed by the President of the Senate. The chair of the committee shall be the director of the University of Kentucky Water Resources Research Institute. The duties and responsibilities of the committee shall include: (a) Developing a plan to coordinate agencies for the overall characterization of the state's groundwater, including occurrence, flow systems, water quantity, and water quality; (b) Reviewing the data entry process to ensure that all data collected is placed into the Kentucky Groundwater Data Repository; (c) Establishing a long-term groundwater monitoring plan for the Commonwealth; (d) Making recommendations for prioritization of the state's groundwater research needs; and (e) Annually reviewing and evaluating groundwater data collection and analysis. (3) In addition to the members identified in subsection (1) or (2) of this section, the committee may have, as one (1) of its members, one (1) nonvoting representative from the United States Geological Survey, appointed by that agency. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 122, effective June 20, 2005; and ch. 123, sec. 18, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 88, sec. 2, effective July 13, 2004. -- Created 1998 Ky. Acts ch. 30, sec. 4, effective July 15, 1998. Legislative Research Commission Note (6/20/2005). This section was amended by 2005 Ky. Acts chs. 99 and 123, which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 151.630 Legislative finding -- Cabinet's duty to administer system capacity program -- Authority to promulgate administrative regulations

151.630. Legislative finding -- Cabinet's duty to administer system capacity program -- Authority to promulgate administrative regulations The General Assembly finds that the Federal Safe Drinking Water Act, as amended by Public Law 104-182, creates an opportunity for Kentucky to improve public drinking water supplies. Therefore, the cabinet shall administer a system capacity program for public water systems consistent with the federal law. For purposes of KRS 151.630 to 151.636, "system capacity" means the technical, financial, and managerial capacity to operate a public water system in compliance with the Federal Safe Drinking Water Act, as amended by Public Law 104-182. The cabinet may promulgate administrative regulations as necessary to administer KRS 151.630 to 151.636. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 311, sec. 1, effective July 15, 1998.

KRS 151.632 System capacity development strategy -- Assistance to existing systems in plan development

151.632. System capacity development strategy -- Assistance to existing systems in plan development (1) Not later than August 6, 2000, the cabinet shall develop and begin implementing, a strategy to assist public water systems in acquiring and maintaining technical, financial, and managerial system capacity. (2) In preparing the system capacity development strategy, the cabinet shall solicit and consider public comment on, and incorporate into the strategy as appropriate: (a) The methods or criteria that the cabinet will use to identify and prioritize public water systems most in need of improving technical, financial, and managerial capacity; (b) A description of the institutional, regulatory, financial, tax, or legal factors at the federal, state, or local level that encourage or impair system capacity development; (c) A description of how the cabinet will use the authorities and resources of the Safe Drinking Water Act as amended by PL 104-182, or other means, to assist public water systems in complying with national primary drinking water regulations, to encourage the development of partnerships between public water systems to enhance the system capacity of public water systems, and to assist public water systems in the training and certification of operators; (d) A description of how the cabinet will establish a baseline against which to measure improvements in system capacity with respect to national primary drinking water regulations, this chapter, KRS 224.10-110, and administrative regulations promulgated thereunder; and (e) An identification of the persons that have an interest in and are involved in the development and implementation of the system capacity development strategy, including all appropriate agencies of federal, state, and local governments, private and nonprofit public water systems, and public water system customers. (3) If the cabinet determines that an existing public water system does not have system capacity, it may assist the public water system in submitting a system capacity development plan as part of the long range water supply plan required by KRS 151.114. The plan shall contain timetables, goals, and funding sources necessary for the public water system to achieve system capacity. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 311, sec. 2, effective July 15, 1998.

KRS 151.634 Requirement for system capacity for new community or nontransient noncommunity public water systems after October 1, 1999

151.634. Requirement for system capacity for new community or nontransient noncommunity public water systems after October 1, 1999 After October 1, 1999, new community or nontransient noncommunity public water systems, as defined by federal law, shall not be created unless they have system capacity. For new community or nontransient noncommunity public water systems that intend to begin operating after October 1, 1999, the cabinet shall not approve plans pursuant to KRS 224.10-110 and the administrative regulations promulgated pursuant thereto, unless the systems demonstrate to the cabinet that they have system capacity. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 311, sec. 3, effective July 15, 1998.

KRS 151.636 Cabinet's requirement to conduct a source water assessment and delineation program

151.636. Cabinet's requirement to conduct a source water assessment and delineation program The cabinet shall conduct a source water assessment and delineation program as described in the 1996 amendments to the Federal Safe Drinking Water Act, Public Law 104-182. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 311, sec. 4, effective July 15, 1998.

KRS 151.650 Authority created -- Purposes -- Legislative findings

151.650. Authority created -- Purposes -- Legislative findings (1) The West Fork Drakes Creek Dam and Reservoir Interstate Authority is hereby created. The West Fork Drakes Creek Dam and Reservoir Interstate Authority shall be a public body corporate and politic and shall be referred to as the "authority" in KRS 151.650 to 151.664. The authority shall develop the resources of the region embracing the Tennessee county of Sumner and the Kentucky county of Simpson by means of the construction and maintenance of a dam across the West Fork Drakes Creek and the reservoir created by this dam. The water impounded within this reservoir shall be utilized by the areas encompassing the authority to provide a source of water for both recreation and economic development to be used in industrial, commercial, agricultural, and residential activities. The authority may develop this dam and reservoir for these stated purposes. (2) The General Assembly hereby finds that the need for the purposes for which this authority is created is evidenced by the effects which the recent droughts have had and continue to have on this area. The General Assembly also finds that an adequate supply of potable water is essential for the continued growth of this area. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 381, sec. 1, effective July 13, 1990.

KRS 151.652 Board of directors

151.652. Board of directors (1) The authority shall be governed by a board of directors. The board shall make policy, which shall be implemented. (2) The membership of the board shall be as follows: (a) A member of the county legislative body of Sumner County, Tennessee, and Simpson County, Kentucky, chosen by their respective legislative bodies; (b) The mayors of the cities of Portland, Tennessee, and Franklin, Kentucky; (c) A member of the city legislative bodies from the cities of Portland, Tennessee, and Franklin, Kentucky, chosen by the respective legislative bodies; (d) A member of an industrial foundation board or equivalent, if one (1) exists, from Portland, Tennessee, and Franklin, Kentucky, as appointed by the respective boards; and (e) A commissioner or designee chosen by the board of commissioners of the Simpson County water district. (3) (a) Each local governmental entity which is authorized to designate one (1) of its members for membership on the board shall designate the member by an appropriate resolution or ordinance. (b) Each participating governmental entity shall adopt an appropriate resolution or ordinance which shall state the intention of the local entity to participate in the authority; the resolution or ordinance shall also include a recitation of the participating entity's statutory authority for participation. (c) The authority shall not convene or conduct business until the requirements of this subsection have been met. (4) Any elected official's or his designated alternate's position on the board shall run concurrent with the official's elected term. (5) Any nonelected official shall have a term of four (4) years. (6) If a vacancy occurs on the board, the position shall be filled in the same manner as set forth in the original appointment. A vacancy shall occur when any board member no longer meets the requirements for appointment to the board. (7) The board shall meet annually at a time and place designated by the board. The time, place, and date of this meeting shall be published in newspapers of general circulation in Sumner and Simpson Counties at least seven (7) days prior to the meeting. (8) The board at their annual meeting shall adopt or amend bylaws, if any, adopt an annual budget, elect officers, and adopt any policies and work programs necessary for the operation of the authority and fulfillment of the purposes of the authority. (9) Fifty percent (50%) of the membership of the board shall constitute a quorum for the conduct of the business of the authority. (10) The act of fifty percent (50%) plus one (1) of all those voting shall be the act of the board for the execution of business. (11) The board at its annual meeting shall elect as authority officers a chairman, vice chairman, and a secretary-treasurer who shall serve terms of one (1) year. The chairman shall alternate between members from Tennessee and Kentucky. When a member from one (1) of the states sits as chairman, no more than one (1) other member from the state can sit as vice chairman or secretary-treasurer. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 381, sec. 2, effective July 13, 1990.

KRS 151.654 Powers, functions, and duties

151.654. Powers, functions, and duties The authority shall have the following general powers, functions, and duties: (1) Perpetual succession in the corporate name; (2) To sue and be sued in the corporate name and to sue and be sued in either Tennessee or Kentucky with the jurisdiction of either state's courts to be determined by where the cause of action arose; (3) To adopt, use, and alter a corporate seal, which shall be judicially noticed; (4) To enter into contracts and cooperative agreements with federal, state, and local governments and agencies thereof, with private individuals, corporations, associations, and with other organizations that the board may deem necessary or convenient in carrying out the purposes of KRS 151.650 to 151.664; (5) To adopt, amend, and repeal bylaws; (6) To employ an executive director and to appoint managers, officers, employees, attorneys, and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties, and require bonds of such of them as the board may determine; (7) To receive and expend funds from any source for staffing and other administrative expenses, research, planning, coordination, and activities deemed necessary to promote and carry out the purposes of the authority; (8) To cooperate and coordinate its activities with local, regional, and state planning agencies in developing and implementing plans for the development of the projects of the authority; (9) To cooperate and coordinate its activities with the federal agencies having responsibility for developing natural, human, and physical resources of the region; (10) To cooperate with local and regional financial institutions in assembling financial resources for commercial, industrial, and other development; (11) To enter into compacts or contractual arrangements with planning agencies of both states, for the purpose of preparing joint-comprehensive plans for the development and maintenance of the projects of the authority; (12) To acquire and hold real and personal property or interests therein as necessary to carry out the purposes of KRS 151.650 to 151.664; and (13) To have and exercise other authority deemed necessary by the board to further and promote the purpose of KRS 151.650 to 151.664. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 381, sec. 3, effective July 13, 1990

KRS 151.656 Dam and reservoir construction and operation

151.656. Dam and reservoir construction and operation The authority may construct, operate, and maintain a dam and reservoir on the West Fork Drakes Creek and foster recreational and economic developmental projects that would utilize these resources. The construction of this dam and reservoir shall not commence until the authority has first obtained the consent and approval of all necessary regulatory bodies. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 381, sec. 4, effective July 13, 1990.

KRS 151.658 Bonding authority and procedures

151.658. Bonding authority and procedures (1) The authority may issue its bonds from time to time for the purpose of paying in whole or in part the cost of acquiring lands and interests therein and of constructing facilities and improvements subject to the limitations and conditions provided in KRS 151.650 to 151.664. Any resolution of the board authorizing the sale of bonds shall be submitted to the state funding board established by Tennessee statute and shall become effective only upon approval by that board. If the board refuses approval, it shall state in writing the reasons for the action. (2) Except as otherwise expressly provided in this section, all bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the authority's projects or of any as may be designated in the proceeding of the board under which the bonds are authorized to be issued, including debt obligations of the lessee or contracting party obtained from or in connection with the financing of a project. Notes issued in anticipation of the issuance of bonds may be retired out of the proceeds of the bonds. The bonds may be executed and delivered by the authority at any time and from time to time, may be in the form and denominations and of the terms and maturities, may be in registered or bearer form either as to principal or interest or both, may be payable in the installments and at the time or times not exceeding forty (40) years from the date thereof, may be payable at the place or places whether within or without the state, may bear interest at the rate or rates payable at the time or times and at the place or places and evidenced in the manner, may be executed by the officers of the authority, and may contain the provisions not inconsistent herewith, as shall be provided in the proceedings of the board under which the bonds are authorized to be issued. If deemed advisable by the board, there may be retained in the proceedings under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as specified in the proceedings, at the price or prices and after the notice or notices and on the terms and conditions as set forth in the proceedings, and as briefly recited on the face of the bonds, but nothing herein contained shall be construed to confer on the authority any right or option to redeem any bonds except as provided in the proceedings under which they are issued. Any bonds of the authority may be sold at public or private sale in the manner, at the price, and from time to time, as determined by the board to be most advantageous, and the authority may pay all expenses, premiums, and commissions which its board deems necessary or advantageous in connection with the issuance thereof. Issuance by the board of one (1) or more series of bonds for one (1) or more purposes shall not preclude it from issuing other bonds in connection with the same project or any other project, but the proceedings under which any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds. Proceeds of bonds issued by the authority may be used for the purpose of constructing, acquiring, reconstructing, improving, equipping, furnishing, bettering, or extending any project or projects as authorized by KRS 151.650 to 151.664, including the payment of interest on the bonds during construction of any project and for two (2) years after the estimated date of completion, and payment of engineering, fiscal, architectural, and legal expenses incurred in connection with the project and the issuance of the bonds and the establishment of a reasonable reserve fund for the payment of principal of and interest on the bonds in the event of a deficiency in the revenues and receipts available for the payment. (3) Any bonds or notes of the authority at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its refunding bonds in the amount the board deems necessary, but not exceeding the sum of the following: (a) The principal amount of the obligations being refinanced; (b) Applicable redemption premiums thereon; (c) Unpaid interest on the obligations to the date of delivery or exchange of the refunding bonds. If the proceeds from the sale of the refunding bonds are to be deposited in trust, interest shall accrue on obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board or to the date or dates of maturity, whichever shall be determined by the board to be most advantageous or necessary to the authority; (d) A reasonable reserve for the payment of principal of and interest on the bonds and a renewal and replacement reserve; (e) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of the project and for two (2) years after the estimated date of completion, but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced; and (f) Expenses, premiums, and commissions of the authority, including bond discounts, deemed by the board to be necessary for the issuance of the refunding bonds. A determination by the board that any refinancing is advantageous or necessary to the authority, that any of the amounts provided in the preceding sentence should be included in such refinancing, or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date permitted to remain outstanding until their respective dates of maturity, shall be conclusive. (4) Any refund may be made whether the obligations to be refunded shall have then matured or shall thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded, or by sale of the refunding bonds and the applications of the proceeds thereof to the payment of the obligations to be refunded thereby, and regardless of whether or not the obligations proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise. (5) Prior to issuance of the refunding bonds, the board shall cause notice of its intention to issue the refunding bonds, identifying the obligations proposed to be refunded and setting forth the estimated date of delivery of the refunding bonds, to be given to the holders of the refunding bonds, to be given to the holders of the outstanding obligations by publication of an appropriate notice one (1) time each in a newspaper having general circulation in the area and in a financial newspaper published in New York, New York, and having national circulation. As soon as practicable after the delivery of the refunding bonds, and whether or not any of the obligations to be refunded are to be called for redemption, the board shall cause notice of the issuance of the refunding bonds to be given in the manner provided in the preceding sentence. (6) If any of the obligations to be refunded are to be called for redemption, the board shall cause notice of redemption to be given in the manner required by the proceedings authorizing the outstanding obligations. (7) The principal proceeds from the sale of any refunding bonds shall be applied only as follows: (a) To the immediate payment and retirement of the obligations being refunded; or (b) To the extent not required for the immediate payment of the obligations being refunded, the proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded, and to pay any expenses incurred in connection with the refunding, but provision may be made for the pledging and disposition of any surplus, including without limitation, provision for the pledging of any surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any trust fund may be invested in direct obligations of, or obligations the principal of and interest on which are guaranteed, by the United States government, or obligations of any agency or instrumentality of the United States government, or in certificates of deposit issued by a bank or trust company located in the State of Kentucky if the certificates shall be secured by a pledge of any obligations having any aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing herein shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded which shall not have matured and which shall not be presently redeemable or, if presently redeemable, shall not have been called for redemption. (8) All bonds, refunding bonds, and the interest coupons applicable thereto shall be construed to be negotiable instruments. (9) The principal of and interest on any bonds issued by the authority may be secured by a pledge of the revenues and receipts out of which the same shall be made payable, and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any projects thereafter made, or by an assignment and pledge of all or any part of the authority's interest in and rights under the leases, sale contracts, or loan agreements relating to the projects, or any thereof. The resolution under which the bonds are authorized to be issued and any mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents or payments with respect to any projects or portions thereof covered by the resolution, mortgage, or deed of trust, the creation and maintenance of special funds from the revenues and from proceeds of the bonds, and the rights and remedies available in the event of default, as the board shall deem advisable and not in conflict with the provisions of KRS 151.650 to 151.664. Each pledge, agreement, mortgage, and deed of trust made for the benefit of security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 381, sec. 5, effective July 13, 1990.

KRS 151.660 Contributions by local governments -- State appropriation requests

151.660. Contributions by local governments -- State appropriation requests (1) The various counties, towns, and incorporated municipalities which are members of the authority may contribute to the work of the authority any amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county or city. Governing bodies of member local governments in Kentucky may levy any tax for this purpose not in conflict with the statutes of this state. (2) No later than October of each year, the authority may transmit to the Governors of the Commonwealth of Kentucky and the State of Tennessee a request and an amount of appropriation needed during the next fiscal year for purposes of the authority including administration, operations, and capital improvements, and appropriate justification for use of the appropriation, the amount or other amount deemed appropriate by the Governor to be included in the budget transmitted to the Kentucky or Tennessee General Assembly. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 381, sec. 6, effective July 13, 1990.

KRS 151.662 Statement of objectives --- Annual report -- Accounting and auditing

151.662. Statement of objectives --- Annual report -- Accounting and auditing (1) The board shall annually formulate and issue a statement of objectives, priorities, and programs that it has adopted or envisions to meet these objectives. This statement of objectives shall be included in the annual report. (2) The board shall report annually to the Governors of the Commonwealth of Kentucky and State of Tennessee, and to the General Assemblies. This report shall also be transmitted to the governing bodies of each county and incorporated municipality of the authority. The report shall include a statement of financial receipts and expenditures, assets and liabilities of the authority, a summary of all activities and accomplishments for the period, and proposed plans for the next year. (3) The Auditor of Public Accounts shall establish in cooperation with the Comptroller of the Treasury of Tennessee, an acceptable accounting system and an auditing requirement for the authority. Purchasing and contracting procedures adopted by the authority shall not be effective until approved by the Auditor of Public Accounts. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 381, sec. 7, effective July 13, 1990.

KRS 151.664 State agency cooperation

151.664. State agency cooperation All agencies and departments of state government shall extend their cooperation and lend assistance to the authority in the formulation and implementation of the purposes of KRS 151.650 to 151.664. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 381, sec. 8, effective July 13, 1990.

KRS 151.700 Declaration of policy

151.700. Declaration of policy (1) The General Assembly declares that based upon an implied contract between the Commonwealth and the United States government through the Secretary of the United States Army and his predecessors, the validity of which is evidenced by over one hundred (100) years of performance by the federal government, it is the responsibility of the United States Army Corps of Engineers and the United States Congress to operate and maintain the locks and dams on the Kentucky River and therefore urges the Congress and the corps to provide the funds necessary to properly maintain the locks and dams, the condition of which the General Assembly finds is deteriorating. (2) The General Assembly recognizes the historic importance of the Kentucky River locks and dams in providing a source of clean water supply for several hundred thousand citizens of the Commonwealth. Therefore, if the Congress and the corps fail to fulfill their responsibility for the Kentucky River locks and dams as stated in subsection (1) of this section and the Commonwealth thereby must assume ownership of the locks and dams, it shall be the public policy of the Commonwealth to protect the health and welfare of the citizens dependent upon this system of locks and dams for their source of clean water, and to that end, the Commonwealth shall provide for the proper maintenance of the Kentucky River locks and dams through the Kentucky River Authority. It shall be the public policy of the Commonwealth that should the United States Army Corps of Engineers and the United States Congress fail to fulfill their responsibility to maintain and operate the Kentucky River locks and dams, and should all efforts on the part of the Commonwealth fail to force the corps and Congress to fulfill their responsibility, then the Commonwealth shall assume ownership of all United States Army Corps of Engineers property, both real and personal, on or adjacent to the Kentucky River after ninety (90) days from the date on which the corps obtains final authority to dispose of such property. During that ninety (90) day period, the Commonwealth shall publish legal notice of its intention to assume ownership of the property. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 295, sec. 1, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 383, sec. 1, effective July 15, 1986.

KRS 151.705 Kentucky River Authority -- Functions -- Public purposes -- Management of authority

151.705. Kentucky River Authority -- Functions -- Public purposes -- Management of authority The Kentucky River Authority is created to perform the essential governmental functions and public purposes set out in KRS 151.700 to 151.730. The authority shall be a public corporation and independent governmental agency and instrumentality of the state. The responsibilities of the authority shall be managed and implemented by a board of directors as set out in KRS 151.710. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 265, sec. 2, effective July 14, 2000; and ch. 287, sec. 2, effective July 14, 2000. Legislative Research Commission Note (7/14/2000). This section was created by 2000 Ky. Acts chs. 265 and 287, which are identical and have been codified together.

KRS 151.710 Membership of Kentucky River Authority -- Compensation -- Meetings -- Administrative regulations

151.710. Membership of Kentucky River Authority -- Compensation -- Meetings -- Administrative regulations (1) The Governor shall appoint members to the Kentucky River Authority, created to carry out the essential public purpose of protecting the health and welfare of the people of the Commonwealth as declared in KRS 151.700. (2) The Governor shall appoint the secretaries of the Finance and Administration Cabinet and the Energy and Environment Cabinet and ten (10) other persons as the members of the authority. The secretaries may designate alternates. Of the ten (10) persons, one (1) shall be a registered engineer, one (1) an expert in water quality, one (1) a mayor, and one (1) a county judge/executive. The mayor and the county judge/executive shall be officers from counties which obtain the major portion of their water supply from the Kentucky River. Five (5) members shall reside in a county adjacent to the main stem of the Kentucky River, one (1) of the five (5) members residing in counties adjacent to locks and dams one (1) through four (4); and one (1) member shall reside in a county adjacent to either the North Fork, Middle Fork, or South Fork of the Kentucky River. Of the twelve (12) members, only one (1) may be an employee of the Energy and Environment Cabinet. (3) Of the ten (10) members first appointed, two (2) shall continue in office for terms of one (1) year, two (2) for terms of two (2) years, three (3) for terms of three (3) years, and three (3) for terms of four (4) years, as the Governor designates. At the expiration of the original terms and for all succeeding terms, the Governor shall appoint a successor to the authority for a term of four (4) years in each case. Members may be reappointed. A vacancy in an unexpired term shall be filled for the unexpired portion of the term in the same manner as the original appointment to that term. Any member whose term has expired may continue to serve and vote until his or her successor is appointed and qualified. (4) Each member shall receive as compensation one hundred dollars ($100) per day for attending a meeting of the authority. (5) Any member who misses three (3) consecutive meetings of the authority shall be deemed to have vacated the office. The authority shall declare the office vacant and the office shall be filled as provided by subsections (2) and (3) of this section. (6) The authority annually shall elect one (1) of its members as chairman. A quorum for the transaction of business shall be seven (7) members, and a majority of the members present at a meeting may take action on any matter legally before the authority. (7) Members shall be paid their necessary travel expenses incurred in attending meetings and in the performance of their official duties, in addition to the per diem compensation of one hundred dollars ($100). (8) The authority shall meet at least quarterly, and may meet upon the call of the chairman. (9) The chairman shall be paid necessary travel expenses and a one hundred dollar ($100) per diem compensation for conducting official business of the authority. (10) The authority shall be attached for administrative purposes to the Finance and Administration Cabinet, and the cabinet shall provide the necessary personnel to provide administrative services for the authority. (11) The necessary travel expenses and per diem compensation of the members of the authority in attending meetings and in the performance of their official duties shall be paid by the authority. (12) The authority shall promulgate administrative regulations necessary to carry out its duties, and shall report annually to the Governor and the Legislative Research Commission. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 180, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 12, sec. 42, effective June 25, 2009. -- Amended 2000 Ky. Acts ch. 265, sec. 3, effective July 14, 2000; and ch. 287, sec. 3, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 229, sec. 1, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 500, sec. 1, effective July 13, 1990. --Created 1986 Ky. Acts ch. 383, sec. 2, effective July 15, 1986.

KRS 151.720 Powers of authority

151.720. Powers of authority The Kentucky River Authority is authorized and empowered to: (1) Construct, reconstruct, provide for the major maintenance, or repair the locks and dams on the Kentucky River and all real and personal property pertaining thereto, as well as maintain the channel; (2) Acquire by purchase, exercise of the rights of eminent domain, grant, gift, devise, or otherwise, the fee simple title to or any acceptable lesser interest in any real or personal property and by lease or other conveyance, contract for the right to use and occupy any real or personal property selected in the discretion of the authority as constituting necessary, desirable, or acceptable sites to fulfill its statutory authority and power; (3) Lease its real or personal property to other state agencies, political subdivisions of the Commonwealth, corporations, partnerships, associations, foundations, or persons as the authority deems necessary to carry out the purposes of this section; (4) Sell or otherwise dispose of its real or personal property in accordance with KRS 56.463 and 45A.045; (5) Collect water use fees from all facilities using water from the Kentucky River basin, except those facilities using water primarily for agricultural purposes. Facilities charged such a fee may pass on all or any part of the fee; (6) Issue revenue bonds in accordance with KRS 151.730; (7) Employ persons to carry out the authority's responsibilities with revenue from the water use fees, including an executive director who shall serve at the pleasure of the authority; (8) Contract for services with other state agencies, political subdivisions of the Commonwealth, corporations, partnerships, associations, foundations, or persons to perform its duties; (9) Promulgate administrative regulations providing for clean water, which shall not be less stringent than the state and federal regulations for clean water; (10) Exercise all other powers necessary to perform its public purpose to implement and enforce the plans developed by the authority pursuant to this section and KRS 151.727 and 151.728, and to enforce administrative regulations promulgated by the authority. The long-range water resource plan and drought response plan shall be implemented for the basin upon the direction of the authority; (11) Develop comprehensive plans for the management of the Kentucky River within the basin, including a long-range water resource plan and a drought response plan. Each county within the basin shall develop a long-range water resource plan and submit it to the authority. The authority, after consultation with the Energy and Environment Cabinet, shall develop a unified long-range water resource plan for the basin. The unified long-range water resource plan shall be implemented over short-range and long-range time periods. The short-range plan shall be for a period of six (6) years and the long-range plan shall be for a period of twenty (20) years. The authority shall conduct a public hearing on the plan prior to its adoption and amend the plan as appropriate based on the comments received. The Energy and Environment Cabinet shall review the draft unified plan and provide comment during the public comment period concerning the consistency of the plan with the state requirements under KRS Chapters 224 and 151. A drought response plan for the basin shall be developed by the authority and shall be coordinated with the Energy and Environment Cabinet to assure consistency with KRS Chapters 224 and 151, and this plan shall be implemented for the basin upon the direction of the authority; (12) Develop and promote a plan for the protection and use of groundwater within the basin. Administrative regulations may be promulgated implementing the plan, and these regulations shall not be less stringent than state and federal regulations protecting groundwater; (13) Promote private investment in the installation of hydroelectric generating units on all existing constructed and reconstructed Kentucky River dams under the jurisdiction of the authority, by developing a standard lease, establishing reasonable financial responsibility requirements, verifying that the proposed installation of the hydroelectric unit will not adversely affect the structural integrity of the dam, and adopting a schedule of reasonable fees for water used in the generation of hydroelectric power; (14) Develop recreational areas within the basin. These recreational areas may be operated and funded by the state Department of Parks, Office of Kentucky Nature Preserves, or other governmental entity as specifically authorized or permitted within the biennial executive budget. There is hereby created the Kentucky River Park to be located as determined by the authority; (15) Utilize funds provided for recreational purposes within the biennial executive budget for major or minor maintenance if the authority certifies to the secretary of the Finance and Administration Cabinet that a significant need exists for the repairs and no other funds are available for the maintenance; (16) Coordinate the Kentucky River basin water resources activities among state agencies; (17) Report quarterly on all of its activities to the legislative Committee on Appropriations and Revenue; (18) Receive reports from state agencies on litigation concerning the Kentucky River, which agencies are hereby directed to report to the authority; (19) Credit to the authority any income derived from the interest earned on the investment of the water use fees collected, which shall be available for the authority's expenditure; and (20) Accomplish the watershed management mission of the authority, which is to fulfill the provisions of this section for the Kentucky River basin, the boundary of which shall be defined by a hydrologic map promulgated in an administrative regulation. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 29, sec. 50, effective July 14, 2018. -- Repealed and reenacted 2010 Ky. Acts ch. 5, sec. 15, effective February 25, 2010; and amended ch. 24, sec. 181, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 139, sec. 15, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 265, sec. 4, effective July 14, 2000; and ch. 287, sec. 4, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 229, sec. 2, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 453, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 496, sec. 44, effective July 13, 1990; and ch. 500, sec. 2, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 383, sec. 3, effective July 15, 1986. Legislative Research Commission Note (2/25/2010). 2010 Ky. Acts ch. 5, sec. 28, provides that the repeal and reenactment of this section in that Act "shall apply retroactively to July 15, 2008." Legislative Research Commission Note (7/15/96). In 1990, KRS 45.360 was repealed, and its provisions on the disposal of state-owned real or personal property were incorporated into KRS 45A.045 by amendment of that statute. See 1990 Ky. Acts ch. 496, secs. 67 and 1. Accordingly, pursuant to KRS 7.136(1)(e), the prior reference to the repealed statute in subsection (4) of this section has been replaced with the citation for the current statute.

KRS 151.723 Water use fees

151.723. Water use fees (1) The rate of the water use fees collected by the authority shall be set for each year of the biennium based upon a total amount of funds necessary to carry out only those functions, projects, and expenses authorized by the General Assembly in the authority's biennial budget. (2) At the time the authority submits its budget to the Governor's Office of Policy and Management, it shall certify to the General Assembly the total amount of water use reported for the preceding biennium by users subject to the water use fees. At least thirty (30) days prior to the effective date of the authority's budget, the authority shall establish a rate for each water use fee based upon an amount of water use projected for each year of the biennium from the amount reported, calculated to generate the amount of funds necessary to carry out the functions, projects, and expenses which have been authorized by the General Assembly to be funded by the fees. The rate shall be an amount for each one thousand (1,000) gallons of water use and shall be effective for at least one (1) year. (3) The authority shall define by administrative regulation those uses of the Kentucky River or the waters of the Kentucky River basin subject to a water use fee. Water use fees shall not apply to facilities using water for agricultural purposes. The authority shall collect the fees on a quarterly basis and pay the collected fees into the State Treasury to the credit of a restricted fund for use by the authority. (4) Water withdrawal fees imposed by the authority shall not be subject to state and local taxes. Notwithstanding KRS 151.710(10), Tier 1 water withdrawal fees shall be used to support the operations of the authority and for contractual services for water supply and quality studies. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 161, sec. 67, effective April 14, 2026. -- Amended 2000 Ky. Acts ch. 265, sec. 8, effective July 14, 2000; and ch. 287, sec. 8, effective July 14, 2000. -- Created 1996 Ky. Acts ch. 229, sec. 4, effective July 15, 1996. Legislative Research Commission Note (7/14/2000). This section was amended by 2000 Ky. Acts chs. 265 and 287, which are identical and have been codified together.

KRS 151.725 Authority's duty to bring action for penalties or injunctive relief -- Venue

151.725. Authority's duty to bring action for penalties or injunctive relief -- Venue (1) The authority shall bring an action for the recovery of penalties provided for in KRS 151.990, the payment of fees provided for in KRS 151.720, or for a restraining order, or a temporary or permanent injunction for the prevention or correction of a condition constituting or threatening to constitute a violation of the administrative regulations promulgated by the authority, the long-range water resource plan, or a drought response plan developed by the authority. (2) All actions for penalties and injunctive relief for violations of the administrative regulations promulgated by the authority, the long-range water resource plan, or a drought response plan developed by the authority shall be brought by the authority in the: (a) Circuit Court having jurisdiction of the defendant; (b) Circuit Court of the county in which the condition constituting or threatening to constitute a violation of the administrative regulations of the authority, the long-range water resource plan or a drought response plan developed by the authority is occurring; or (c) In the Franklin Circuit Court. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 229, sec. 6, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 453, sec. 2, effective July 14, 1992.

KRS 151.727 Continuing study of water availability and needs of Kentucky River basin -- Biennial estimate on costs of water supply needs of Kentucky River basin

151.727. Continuing study of water availability and needs of Kentucky River basin -- Biennial estimate on costs of water supply needs of Kentucky River basin (1) The Kentucky River Authority shall undertake a continuing study of the water available within the Kentucky River and the water needs within the Kentucky River basin. The study shall focus on necessary capital construction to maintain or increase water availability within the Kentucky River, including bringing existing facilities up to acceptable standards or replacing existing facilities where required. (2) The Kentucky River Authority shall on a biennial basis provide the General Assembly with an estimate of the cost of maintaining or increasing the water available within the Kentucky River in order to meet the water supply needs of the citizens within the Kentucky River basin. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 265, sec. 5, effective July 14, 2000; and ch. 287, sec. 5, effective July 14, 2000.. Legislative Research Commission Note (7/14/2000). This section was created by 2000 Ky. Acts chs. 265 and 287, which are identical and have been codified together.

KRS 151.728 Preconstruction and construction reports -- Long-range planning document -- Execution of funded programs

151.728. Preconstruction and construction reports -- Long-range planning document -- Execution of funded programs (1) Beginning with the 2000-2002 biennium and each biennium thereafter, the authority shall submit to the General Assembly a six (6) year program of preconstruction and construction activities to maintain or increase water available within the Kentucky River. The program shall include a two (2) year construction component that shall be implemented as authorized by the General Assembly in the authority's biennial budget and a four (4) year preconstruction component that shall advise the General Assembly of the consistency of ongoing and long-term planning with the construction activities funded by the General Assembly. (2) The program shall be developed by considering, at a minimum, the following factors: (a) The population to be served by the available water; (b) The social, economic, and environmental impact of program elements; (c) The condition of existing facilities critical to water availability; (d) The cost of maintaining, improving, replacing, or removing facilities; and (e) The dependence of communities within the river basin on specific Kentucky River dam pools or other sources of water. (3) The program shall include a four (4) year planning document setting out preconstruction activities that include planning and design and an environmental analysis of projects to maintain or increase water available within the Kentucky River and geotechnical and stability evaluations of the Kentucky River locks and dams. (4) The authority shall provide to the General Assembly a long-range planning document consisting of twenty (20) years for water supply projects being considered by the authority. (5) The authority shall be responsible for the execution of each six (6) year program as approved and authorized in the budget by the General Assembly and shall report any anticipated deviations from the authorized construction funding or preconstruction program to the Interim Joint Committee on Appropriations and Revenue. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 265, sec. 6, effective July 14, 2000; and ch. 287, sec. 6, effective July 14, 2000. Legislative Research Commission Note (7/14/2000). This section was created by 2000 Ky. Acts chs. 265 and 287, which are identical and have been codified together.

KRS 151.729 Authority's involvement in requested transfer of drinking water between water utilities involving Kentucky River basin watershed

151.729. Authority's involvement in requested transfer of drinking water between water utilities involving Kentucky River basin watershed At the time a water utility requests a state agency to take action required to allow the transfer between water utilities of drinking water within or into the watershed of the Kentucky River basin, the water utility shall notify the authority of the request that has been made for state agency action. The authority shall review the request and comment on the requested transfer to the state agency within the time period for the review by the state agency. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 265, sec. 9, effective July 14, 2000; and ch. 287, sec. 9, effective July 14, 2000. Legislative Research Commission Note (7/14/2000). This section was created by 2000 Ky. Acts chs. 265 and 287, which are identical and have been codified together.

KRS 151.730 Revenue bonds

151.730. Revenue bonds (1) The authority is hereby authorized to provide, at one (1) time or from time to time, for the issuance of its revenue bonds for the purpose of paying all or any part of the cost of any one (1) or more projects undertaken pursuant to KRS 151.720. The principal of and the interest on such bonds shall in each instance be payable solely from a special fund provided for the payment, with revenues derived from water use fees collected from all facilities using water from the Kentucky River basin, except those facilities using water primarily for agricultural purposes, pledged to be set aside and deposited in such special fund. The bonds of any issue may be in one (1) or more series and any one (1) or more such series may enjoy equal or subordinate status with respect to the pledge of funds from which they are payable, shall be dated, shall bear interest, shall mature at such time or times not exceeding the thirtieth anniversary of their respective dates, all as may be provided by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority prior to the issuance of the bonds. The authority shall determine the form of bonds including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places for payment of principal and interest, which may be at any bank or trust company within or without the Commonwealth. The bonds shall be signed by the facsimile signature of the chairman of the authority, and the seal of the authority or a facsimile thereof shall be affixed thereto and attested by the manual signature of the treasurer of the authority, and any coupons attached thereto shall bear the facsimile signature of the chairman of the authority. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All bonds issued under the provisions of this section shall have and are hereby declared to have all qualities and incidents of negotiable instruments under the uniform commercial code of the Commonwealth. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The authority may sell such bonds at public sale, and for such price as it may determine will best effect the purposes of KRS 151.720. (2) The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the project or projects for which such bonds shall have been issued, and shall be disbursed in such a manner and under such restrictions, if any, as the authority may provide in the proceedings authorizing the issuance of such bonds or in the trust indenture securing the same. If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the proceedings authorizing the issuance of such bonds or in the trust indenture securing the same, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue shall exceed such cost, the surplus shall be deposited to the credit of the sinking fund or funds for such bonds or any account or accounts therein as the authority shall have provided in the proceedings or trust indenture authorizing and securing such bonds. (3) Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. (4) The authority may issue revenue bond anticipation notes. (5) Any holder of bonds issued under the provisions of this section or any of the coupons appertaining thereto, and the trustee under any trust indenture, except to the extent of the rights given in this section, may be restricted by such trust indenture or proceedings, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the Commonwealth or granted under this section or under such trust indenture or the proceedings authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this section or by such trust indenture or proceedings to be performed by the authority or by any officer or employee thereof. (6) Revenue bonds issued under the provisions of this section shall not be a debt, liability, or obligation of the Commonwealth or any political subdivision thereof and shall not be a pledge of the faith and credit of the Commonwealth or any political subdivision thereof. (7) Revenue bonds issued by the authority shall be subject to the jurisdiction and approval of the State Property and Buildings Commission and the Capital Projects and Bond Oversight Committee and shall be subject to review by the Office of Financial Management established in KRS 42.0201. (8) The authority shall not be required to pay any taxes and assessments to the Commonwealth or any county, municipality, or other governmental subdivision of the Commonwealth upon any of its property or upon its obligations or other evidences of indebtedness pursuant to the provisions of this section, or upon any moneys, funds, revenues, or other income held or received by the authority and the bonds or notes of the authority and the income therefrom shall at all times be exempt from taxation, except for death and gift taxes and taxes of transfers. (9) Contractual expenses to construct, reconstruct, provide for the major maintenance, or repair the Kentucky River locks and dams, or to maintain the channel, or to acquire real or personal property pertaining thereto, or to construct, reconstruct, maintain, or repair such property, shall be paid from the proceeds of the revenue bonds. Expenses for administrative services and necessary travel expenses and per diem compensation of authority members, shall not be paid from the proceeds of the revenue bonds. Nor shall the cabinet's cost of operating the locks be paid from the proceeds of the revenue bonds. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 85, sec. 567, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 46, sec. 24, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 229, sec. 3, effective July 15, 1996. -- Created 1986 Ky. Acts ch. 383, sec. 4, effective July 15, 1986.

KRS 151.810 State geographer -- Appointment -- Duties

151.810. State geographer -- Appointment -- Duties (1) There is created the Office of State Geographer. The state geographer shall be appointed by the Governor and shall serve for a term of one (1) year. No one (1) person shall be appointed state geographer for two (2) terms in succession nor shall the state geographer be from the same institution of higher education as the person immediately preceding him as state geographer. The state geographer shall serve without compensation. (2) The state geographer shall be a person who holds a graduate degree in geography from an accredited college or university and who has demonstrated a professional knowledge of Kentucky geography through his teaching or research activities. (3) To the extent funds permit, the state geographer shall: (a) Utilize the facilities of geography departments of major universities in the state; (b) Advise state officials and agencies on geographic matters; (c) Serve as a resource for teachers of geography and for publishers of geography textbooks and atlases; (d) Assist state and local officials with boundary studies; (e) Advise state and local agencies on mapping and cartographic programs; (f) Assist state and local officials with planning, zoning and land-use studies; (g) Cooperate with other states in exchanging geographic information; and (h) Compile, analyze and disseminate geographic information necessary to perform the foregoing duties. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 139, sec. 1, effective July 13, 1984.

KRS 151.990 Penalties

151.990. Penalties (1) Any person, city, county, or other governmental subdivision who violates KRS 151.100 to 151.460 shall be liable to a civil penalty of not more than $1,000 for said violation and in addition may be enjoined from continuing said violation. Each day upon which such violation occurs or continues shall constitute a separate offense. (2) Any person who violates any determination, permit, administrative regulation, order, long-range water resource plan, or drought response plan of the Kentucky River Authority shall be liable for a civil penalty not to exceed the sum of one hundred dollars ($100) for each day during which the violation continues, and, in addition, may be concurrently enjoined from any violations as provided in KRS 151.725. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 453, sec. 4, effective July 14, 1992. -- Created 1966 Ky. Acts ch. 23, sec. 38.

KRS 151.7282 Presession reports to legislative committees

151.7282. Presession reports to legislative committees By July 1 of each year preceding the convening of the General Assembly in even- numbered-year regular session, the authority shall provide the projected six (6) year construction and preconstruction program to the Interim Joint Committee on Natural Resources and Environment, the Capital Planning Advisory Board, and the Interim Joint Committee on Appropriations and Revenue. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 135, sec. 2, effective July 15, 2010. -- Amended 2001 Ky. Acts ch. 58, sec. 15, effective June 21, 2001. -- Created 2000 Ky. Acts ch. 265, sec. 7, effective July 14, 2000; and ch. 287, sec. 7, effective July 14, 2000.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37731Fetched: 10/20/2026