151.720 Powers of authority.
892 words·~4 min read·
/ky/chapter-151/151-720A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Kentucky River Authority is authorized and empowered to:
(1)Construct, reconstruct, provide for the major maintenance, or repair the locks and
dams on the Kentucky River and all real and personal property pertaining thereto, as
well as maintain the channel;
(2)Acquire by purchase, exercise of the rights of eminent domain, grant, gift, devise, or
otherwise, the fee simple title to or any acceptable lesser interest in any real or
personal property and by lease or other conveyance, contract for the right to use and
occupy any real or personal property selected in the discretion of the authority as
constituting necessary, desirable, or acceptable sites to fulfill its statutory authority
and power;
(3)Lease its real or personal property to other state agencies, political subdivisions of
the Commonwealth, corporations, partnerships, associations, foundations, or
persons as the authority deems necessary to carry out the purposes of this section;
(4)Sell or otherwise dispose of its real or personal property in accordance with KRS
56.463 and 45A.045;
(5)Collect water use fees from all facilities using water from the Kentucky River basin,
except those facilities using water primarily for agricultural purposes. Facilities
charged such a fee may pass on all or any part of the fee;
(6)Issue revenue bonds in accordance with KRS 151.730;
(7)Employ persons to carry out the authority's responsibilities with revenue from the
water use fees, including an executive director who shall serve at the pleasure of the
authority;
(8)Contract for services with other state agencies, political subdivisions of the
Commonwealth, corporations, partnerships, associations, foundations, or persons to
perform its duties;
(9)Promulgate administrative regulations providing for clean water, which shall not be
less stringent than the state and federal regulations for clean water;
(10)Exercise all other powers necessary to perform its public purpose to implement and
enforce the plans developed by the authority pursuant to this section and KRS
151.727 and 151.728, and to enforce administrative regulations promulgated by the
authority. The long-range water resource plan and drought response plan shall be
implemented for the basin upon the direction of the authority;
(11)Develop comprehensive plans for the management of the Kentucky River within the
basin, including a long-range water resource plan and a drought response plan. Each
county within the basin shall develop a long-range water resource plan and submit it
to the authority. The authority, after consultation with the Energy and Environment
Cabinet, shall develop a unified long-range water resource plan for the basin. The
unified long-range water resource plan shall be implemented over short-range and
long-range time periods. The short-range plan shall be for a period of six
(6)years
and the long-range plan shall be for a period of twenty
(20)years. The authority
shall conduct a public hearing on the plan prior to its adoption and amend the plan
as appropriate based on the comments received. The Energy and Environment
Cabinet shall review the draft unified plan and provide comment during the public
comment period concerning the consistency of the plan with the state requirements
under KRS Chapters 224 and 151. A drought response plan for the basin shall be
developed by the authority and shall be coordinated with the Energy and
Environment Cabinet to assure consistency with KRS Chapters 224 and 151, and
this plan shall be implemented for the basin upon the direction of the authority;
(12)Develop and promote a plan for the protection and use of groundwater within the
basin. Administrative regulations may be promulgated implementing the plan, and
these regulations shall not be less stringent than state and federal regulations
protecting groundwater;
(13)Promote private investment in the installation of hydroelectric generating units on
all existing constructed and reconstructed Kentucky River dams under the
jurisdiction of the authority, by developing a standard lease, establishing reasonable
financial responsibility requirements, verifying that the proposed installation of the
hydroelectric unit will not adversely affect the structural integrity of the dam, and
adopting a schedule of reasonable fees for water used in the generation of
hydroelectric power;
(14)Develop recreational areas within the basin. These recreational areas may be
operated and funded by the state Department of Parks, Office of Kentucky Nature
Preserves, or other governmental entity as specifically authorized or permitted
within the biennial executive budget. There is hereby created the Kentucky River
Park to be located as determined by the authority;
(15)Utilize funds provided for recreational purposes within the biennial executive
budget for major or minor maintenance if the authority certifies to the secretary of
the Finance and Administration Cabinet that a significant need exists for the repairs
and no other funds are available for the maintenance;
(16)Coordinate the Kentucky River basin water resources activities among state
agencies;
(17)Report quarterly on all of its activities to the legislative Committee on
Appropriations and Revenue;
(18)Receive reports from state agencies on litigation concerning the Kentucky River,
which agencies are hereby directed to report to the authority;
(19)Credit to the authority any income derived from the interest earned on the
investment of the water use fees collected, which shall be available for the
authority's expenditure; and
(20)Accomplish the watershed management mission of the authority, which is to fulfill
the provisions of this section for the Kentucky River basin, the boundary of which
shall be defined by a hydrologic map promulgated in an administrative regulation.