KRS § 151.110 — KY Code / Title XII / Chapter 151 / Section 151.110
151.110 Water resources policy -- Duties of cabinet
Status: in_force

151.110 Water resources policy -- Duties of cabinet.

(1) (a) 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,

agricultural, 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 domestic, 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 manage our water resources in order that

the continued growth and development of the Commonwealth might be

ensured. 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 groundwater 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.

(b) The cabinet shall:

1. Provide leadership in water use efficiency for all water uses;

2. Promote conservation;

3. Offer technical assistance and conduct research;

4. 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;

6. Provide leadership to communities looking for information and methods

for coping with the issues of growth and water supply;

7. Provide recommendations and leadership for water resources, on-farm

and rural community drought and water assessment, monitoring, and

improvement for agricultural purposes; and

8. Have the authority to receive and disperse federal, state, and other funds

for the purpose of water resources, on-farm and community drought and

water assessment, monitoring, and improvements.

(c) Paragraph (b) of this subsection 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.

(2) 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.