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151.700 Declaration of policy.
(1)
(2)
The General Assembly declares that based upon an implied contract between
the Commonwealth and the United States government through the Secretary of
the United States Army and his predecessors, the validity of which is
evidenced by over one hundred (100) years of performance by the federal
government, it is the responsibility of the United States Army Corps of
Engineers and the United States Congress to operate and maintain the locks
and dams on the Kentucky River and therefore urges the Congress and the
corps to provide the funds necessary to properly maintain the locks and dams,
the condition of which the General Assembly finds is deteriorating.
The General Assembly recognizes the historic importance of the Kentucky
River locks and dams in providing a source of clean water supply for several
hundred thousand citizens of the Commonwealth. Therefore, if the Congress
and the corps fail to fulfill their responsibility for the Kentucky River locks and
dams as stated in subsection (1) of this section and the Commonwealth
thereby must assume ownership of the locks and dams, it shall be the public
policy of the Commonwealth to protect the health and welfare of the citizens
dependent upon this system of locks and dams for their source of clean water,
and to that end, the Commonwealth shall provide for the proper maintenance
of the Kentucky River locks and dams through the Kentucky River Authority. It
shall be the public policy of the Commonwealth that should the United States
Army Corps of Engineers and the United States Congress fail to fulfill their
responsibility to maintain and operate the Kentucky River locks and dams, and
should all efforts on the part of the Commonwealth fail to force the corps and
Congress to fulfill their responsibility, then the Commonwealth shall assume
ownership of all United States Army Corps of Engineers property, both real and
personal, on or adjacent to the Kentucky River after ninety (90) days from the
date on which the corps obtains final authority to dispose of such property.
During that ninety (90) day period, the Commonwealth shall publish legal
notice of its intention to assume ownership of the property.
Effective:July 15, 1988
History: Amended 1988 Ky. Acts ch. 295, sec. 1, effective July 15, 1988. -Created 1986 Ky. Acts ch. 383, sec. 1, effective July 15, 1986.
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