151.110 Water resources policy -- Duties of cabinet.
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/ky/chapter-151/151-110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 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 droughts
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.