Title XII, Conservation and State Development

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 agencie…

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 surfac…

(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 demand for water f…

(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 ma…

(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 th…

(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 th…

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 a…

(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 …

(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…

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 demonstra…

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, wa…

(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, bu…

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, …

(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. …

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 o…

- 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. A…

(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 aff…

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 be…

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 a…

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 …

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 mainte…

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, …

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…

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 151.2…

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 Commonw…

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 the owner in writing. (2) The cabinet may impose such conditions relating to the inspection, operation, main…

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.

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 th…

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 sev…

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…

(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 regulat…

(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…

(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 progr…

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 opera…

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 mitigatio…

(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…

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 i…

(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 th…

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 uni…

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…

(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 R…

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 un…

(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 a…

(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 …

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 do…

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 …