151.170 Permits to be specific -- Issuance -- Amendment.
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(2)
(3)
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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.
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.
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.
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.
Effective: July 13, 1984
History: Amended 1984 ch. 111, sec. 85, effective July 13, 1984. -- Amended 1974 Ky.
Acts ch. 285, sec. 5. -- Created 1966 Ky. Acts ch. 23, sec. 21.
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