2013 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.
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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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