262.610 Acquisitions of equipment or infrastructure -- Purposes -- Soil and Water
505 words·~2 min read·
/ky/262-610A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Conservation Commission -- Joint acquisition.
(a)Heavy or specialized equipment purchased or made available in accordance
with KRS 262.330 and 262.610 to 262.660 shall be used for the purposes of
conserving soil resources, the prevention and control of soil erosion, and the
conservation and protection of water resources related to those purposes. The
heavy or specialized equipment described in this paragraph may be used on
the renter's or lessee's land or on the lands of others, pursuant to the usage
proportions established in the administrative regulations promulgated under
KRS 262.660(2)(d).
(b)The Soil and Water Conservation Commission as referred to in KRS Chapter
146, subject to the supervision of the commissioner of the Department for
Natural Resources, to the restrictions provided in KRS 262.330 and 262.610
to 262.660, and to the requirements of KRS Chapters 42 and 45A, is hereby
authorized to acquire and to make available, or to assist in acquiring or
making available to persons and soil and water conservation districts, heavy
or specialized equipment or infrastructure which they cannot economically
obtain.
(c)A district may submit a request to the commission for the acquisition of heavy
or specialized equipment jointly with a person residing within the district to
whom the district has agreed to lease the equipment in the event that it is
acquired or made available. The district and the person shall submit all
information with their joint request for heavy or specialized equipment as may
be required by the commission in the administrative regulations promulgated
under KRS 262.660.
(d)The commission shall not approve an application made jointly by a person
and any district to acquire infrastructure or to have infrastructure made
available to them.
(2)When the commission acquires or makes available heavy or specialized equipment
to any district, or district applying jointly with a person, or infrastructure to any
district, it shall require said district to fully amortize, in the form of rentals or
payments, to the Division of Conservation, as referred to in KRS Chapter 146, any
amount so expended by the commission for such assistance. The amount and
method of amortization for each piece of heavy or specialized equipment or
infrastructure shall be determined by the commission, subject to approval of the
commissioner of the Department for Natural Resources. The amount and method of
amortization for each piece of heavy or specialized equipment shall be determined
on the basis of the lease or a rental fee to be charged by the district to the lessee or
other user of equipment sufficient to:
(a)Fully amortize to the division the capital outlay for the machinery itself over
the period of its reasonably anticipated full usefulness;
(b)Cover the cost of operation, maintenance, and repairs;
(c)Pay the usual cost of providing an operator; and
(d)Compensate the district for the usual costs of transportation from one
(1)job
to another.
(3)In giving effect to all of the foregoing, the commission shall estimate the amount of
time such heavy or specialized equipment would ordinarily be idle.