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151.110 Water resources policy -- Duties of cabinet.
(1)
(a)
(b)
The conservation, development, and proper use of the water resources of
the Commonwealth of Kentucky have become of vital importance as a
result of population expansion and concentration, industrial growth,
technological advances, and an ever increasing demand for water for
varied domestic, industrial, municipal, and recreational uses. It is
recognized by the General Assembly that excessive rainfall during certain
seasons of the year causes damage from overflowing streams. However,
prolonged droughts at other seasons curtail industrial, municipal,
agricultural, and recreational uses of water and seriously threaten the
continued growth and economic well-being of the Commonwealth. The
advancement of the safety, happiness, and welfare of the people and the
protection of property require that the power inherent in the people be
utilized to promote and to regulate the conservation, development, and
most beneficial use of the water resources. It is hereby declared that the
general welfare requires that the water resources of the Commonwealth
be put to the beneficial use to the fullest extent of which they are capable,
that the waste or nonbeneficial use of water be prevented, and that the
conservation and beneficial use of water be exercised in the interest of
the people. Therefore, it is declared the policy of the Commonwealth to
actively encourage and to provide financial, technical, or other support for
projects that will control and store our water resources in order that the
continued growth and development of the Commonwealth might be
assured. To that end, it is declared to be the purpose of KRS Chapters
146, 149, 151, 224, 262, and KRS 350.029 and 433.750 to 433.757 for
the Commonwealth to permit, regulate, and participate in the construction
or financing of facilities to store surplus surface water for future use; to
conserve and develop the ground water resources of the Commonwealth;
to require local communities to develop long range water supply plans; to
protect the rights of all persons equitably and reasonably interested in the
use and availability of water; to prohibit the pollution of water resources
and to maintain the normal flow of all streams so that the proper quantity
and quality of water will be available at all times to the people of the
Commonwealth; to provide for the adequate disposition of water among
the people of the Commonwealth entitled to its use during severe
droughts or times of emergency; to prevent harmful overflows and
flooding; to regulate the construction, maintenance, and operation of all
dams and other barriers of streams; to prevent the obstruction of streams
and floodways by the dumping of substances therein; to keep accurate
records on the amount of water withdrawal from streams and
watercourses and reasonably regulate the amount of withdrawal of public
water; and to engage in other activities as may be necessary to conserve
and develop the water resources of the Commonwealth of Kentucky, and
to ensure adequate supply of water for domestic, agricultural,
recreational, and economic development uses.
The cabinet shall:
1.
Provide leadership in water use efficiency for all water uses;
2.
3.
4.
(2)
Promote conservation;
Offer technical assistance and conduct research;
Be the lead agency with other state and local agencies to
incorporate conservation measures and incentives into their
programs;
5.
Sponsor "technology transfer sessions" on water conservation to
commercial and industrial operations; and
6.
Provide leadership to communities looking for information and
methods for coping with the issues of growth and water supply.
(c) Subsection (1)(b) shall not be construed as changing the relationship
between the cabinet and the Kentucky River Authority and their
respective responsibilities for oversight of the Kentucky River as set out in
KRS 151.700 and 151.720.
It is a finding of the General Assembly that groundwater is an important but
vulnerable natural resource of this state, that the majority of rural Kentuckians
rely exclusively on groundwater for drinking, and that groundwater is
inextricably linked to surface waters which may also serve as a drinking water
resource. It is also a finding that groundwater is a resource equally vital for
agricultural, commercial, and industrial purposes and that useable groundwater
is critical to the future development of these industries. Therefore, it shall be
the policy of this state to manage groundwater for the health, welfare, and
economic prosperity of all citizens.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 239, sec. 1, effective July 14, 1992. -Amended 1990 Ky. Acts ch. 307, sec. 1, effective July 13, 1990; and ch. 410,
sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 367, sec. 1,
effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 384, sec. 39, effective
June 17, 1978. -- Created 1966 Ky. Acts ch. 23, sec. 2.
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