151.291 Responsibility for safety of water barriers owned by Commonwealth --

262 words·~1 min read·/ky/151-291

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.