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

206 words·~1 min read·/ky/chapter-151/151-170

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

(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.