KRS § 151.720 — KY Code / Title XII / Chapter 151 / Section 151.720
151.720 Powers of authority
Status: in_force

151.720 Powers of authority.

The Kentucky River Authority is authorized and empowered to:

(1) Construct, reconstruct, provide for the major maintenance, or repair the locks and

dams on the Kentucky River and all real and personal property pertaining thereto, as

well as maintain the channel;

(2) Acquire by purchase, exercise of the rights of eminent domain, grant, gift, devise, or

otherwise, the fee simple title to or any acceptable lesser interest in any real or

personal property and by lease or other conveyance, contract for the right to use and

occupy any real or personal property selected in the discretion of the authority as

constituting necessary, desirable, or acceptable sites to fulfill its statutory authority

and power;

(3) Lease its real or personal property to other state agencies, political subdivisions of

the Commonwealth, corporations, partnerships, associations, foundations, or

persons as the authority deems necessary to carry out the purposes of this section;

(4) Sell or otherwise dispose of its real or personal property in accordance with KRS

56.463 and 45A.045;

(5) Collect water use fees from all facilities using water from the Kentucky River basin,

except those facilities using water primarily for agricultural purposes. Facilities

charged such a fee may pass on all or any part of the fee;

(6) Issue revenue bonds in accordance with KRS 151.730;

(7) Employ persons to carry out the authority's responsibilities with revenue from the

water use fees, including an executive director who shall serve at the pleasure of the

authority;

(8) Contract for services with other state agencies, political subdivisions of the

Commonwealth, corporations, partnerships, associations, foundations, or persons to

perform its duties;

(9) Promulgate administrative regulations providing for clean water, which shall not be

less stringent than the state and federal regulations for clean water;

(10) Exercise all other powers necessary to perform its public purpose to implement and

enforce the plans developed by the authority pursuant to this section and KRS

151.727 and 151.728, and to enforce administrative regulations promulgated by the

authority. The long-range water resource plan and drought response plan shall be

implemented for the basin upon the direction of the authority;

(11) Develop comprehensive plans for the management of the Kentucky River within the

basin, including a long-range water resource plan and a drought response plan. Each

county within the basin shall develop a long-range water resource plan and submit it

to the authority. The authority, after consultation with the Energy and Environment

Cabinet, shall develop a unified long-range water resource plan for the basin. The

unified long-range water resource plan shall be implemented over short-range and

long-range time periods. The short-range plan shall be for a period of six (6) years

and the long-range plan shall be for a period of twenty (20) years. The authority

shall conduct a public hearing on the plan prior to its adoption and amend the plan

as appropriate based on the comments received. The Energy and Environment

Cabinet shall review the draft unified plan and provide comment during the public

comment period concerning the consistency of the plan with the state requirements

under KRS Chapters 224 and 151. A drought response plan for the basin shall be

developed by the authority and shall be coordinated with the Energy and

Environment Cabinet to assure consistency with KRS Chapters 224 and 151, and

this plan shall be implemented for the basin upon the direction of the authority;

(12) Develop and promote a plan for the protection and use of groundwater within the

basin. Administrative regulations may be promulgated implementing the plan, and

these regulations shall not be less stringent than state and federal regulations

protecting groundwater;

(13) Promote private investment in the installation of hydroelectric generating units on

all existing constructed and reconstructed Kentucky River dams under the

jurisdiction of the authority, by developing a standard lease, establishing reasonable

financial responsibility requirements, verifying that the proposed installation of the

hydroelectric unit will not adversely affect the structural integrity of the dam, and

adopting a schedule of reasonable fees for water used in the generation of

hydroelectric power;

(14) Develop recreational areas within the basin. These recreational areas may be

operated and funded by the state Department of Parks, Office of Kentucky Nature

Preserves, or other governmental entity as specifically authorized or permitted

within the biennial executive budget. There is hereby created the Kentucky River

Park to be located as determined by the authority;

(15) Utilize funds provided for recreational purposes within the biennial executive

budget for major or minor maintenance if the authority certifies to the secretary of

the Finance and Administration Cabinet that a significant need exists for the repairs

and no other funds are available for the maintenance;

(16) Coordinate the Kentucky River basin water resources activities among state

agencies;

(17) Report quarterly on all of its activities to the legislative Committee on

Appropriations and Revenue;

(18) Receive reports from state agencies on litigation concerning the Kentucky River,

which agencies are hereby directed to report to the authority;

(19) Credit to the authority any income derived from the interest earned on the

investment of the water use fees collected, which shall be available for the

authority's expenditure; and

(20) Accomplish the watershed management mission of the authority, which is to fulfill

the provisions of this section for the Kentucky River basin, the boundary of which

shall be defined by a hydrologic map promulgated in an administrative regulation.