2011 Kentucky Revised Statutes CHAPTER 151 GEOLOGY AND WATER RESOURCES 151.291 Responsibility for safety of water barriers owned by Commonwealth -- Transfer of ownership of water barrier -- Responsibility for safety after transfer -- Approval of transfer.
KY Rev Stat § 151.291 (1996 through Reg Sess) What's This?
151.291 Responsibility for safety of water barriers owned by Commonwealth -Transfer of ownership of water barrier -- Responsibility for safety after
transfer -- Approval of transfer.
(1)
(2)
(3)
(4)
(5)
The cabinet shall enforce compliance with all applicable laws and regulations of all
dams, reservoirs, levees, embankments, or other water barriers owned by the
Commonwealth.
The cabinet may take whatever action that it deems necessary to maintain, repair or
remove dams, reservoirs, levees, embankments, or other water barriers owned,
acquired or constructed by the Commonwealth.
Funds expended pursuant to subsection (1) or (2) of this section may not be
expended for any aesthetic or functional purposes that are not related to the safety or
integrity of the water barrier.
Any person to whom the Commonwealth has transferred ownership of any dam,
reservoir, levee, embankment or other water barrier shall maintain it in compliance
with all applicable laws and regulations. The Commonwealth shall not expend
funds to maintain, repair or remove any structure the ownership of which it has
transferred after July 15, 1986, unless otherwise expressly provided by law or
written agreement.
The secretary of the cabinet shall review and approve or disapprove every proposed
transfer of any water barrier owned by the Commonwealth. No transfer of any water
barrier owned by the Commonwealth shall occur except upon approval of the
secretary of the cabinet. The secretary shall ensure that every proposed transfer is
consistent with the terms and provisions of this section. Nothing herein shall be
construed, however, to prevent the transfer of a water barrier by the Commonwealth
without first bringing it into compliance with existing laws and regulations.
Effective: July 15, 1986
History: Amended 1986 Ky. Acts ch. 290, sec. 1, effective July 15, 1986. -- Created
1978 Ky. Acts ch. 206, sec. 3, effective June 17, 1978.
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