151.700 Declaration of policy.

358 words·~2 min read·/ky/chapter-151/151-700

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

(1)The General Assembly declares that based upon an implied contract between the

Commonwealth and the United States government through the Secretary of the

United States Army and his predecessors, the validity of which is evidenced by over

one hundred

(100)years of performance by the federal government, it is the

responsibility of the United States Army Corps of Engineers and the United States

Congress to operate and maintain the locks and dams on the Kentucky River and

therefore urges the Congress and the corps to provide the funds necessary to

properly maintain the locks and dams, the condition of which the General Assembly

finds is deteriorating.

(2)The General Assembly recognizes the historic importance of the Kentucky River

locks and dams in providing a source of clean water supply for several hundred

thousand citizens of the Commonwealth. Therefore, if the Congress and the corps

fail to fulfill their responsibility for the Kentucky River locks and dams as stated in

subsection

(1)of this section and the Commonwealth thereby must assume

ownership of the locks and dams, it shall be the public policy of the Commonwealth

to protect the health and welfare of the citizens dependent upon this system of locks

and dams for their source of clean water, and to that end, the Commonwealth shall

provide for the proper maintenance of the Kentucky River locks and dams through

the Kentucky River Authority. It shall be the public policy of the Commonwealth

that should the United States Army Corps of Engineers and the United States

Congress fail to fulfill their responsibility to maintain and operate the Kentucky

River locks and dams, and should all efforts on the part of the Commonwealth fail

to force the corps and Congress to fulfill their responsibility, then the

Commonwealth shall assume ownership of all United States Army Corps of

Engineers property, both real and personal, on or adjacent to the Kentucky River

after ninety

(90)days from the date on which the corps obtains final authority to

dispose of such property. During that ninety

(90)day period, the Commonwealth

shall publish legal notice of its intention to assume ownership of the property.