Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 4 - Water Resources › Section 401 KAR 4:220 - Water supply plan requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 151
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is required to implement the legislative mandate of
				KRS
				151.110,
				151.114,
				151.116, and
				151.118,
				directing the Environmental and Public Protection Cabinet to administer a
				program for developing a long range water supply plan for each county in the
				Commonwealth. This administrative regulation describes planning procedures,
				details to be included in a plan, funding criteria, and uniform data base
				development.
Section 1. Definitions.
			 The following definitions describe terms used in this administrative
			 regulation. Terms not defined below shall have the meanings given to them in
			 KRS
			 151.100, or if not so defined, the meanings
			 attributed by common use.
(1) "Aquifer" means
			 a saturated, permeable geological unit that is capable of yielding water to
			 wells or springs.
(2) "Available
			 water" means water that may be withdrawn by any one (1) user at a specific
			 site, according to the water withdrawal permitting requirements of
			 KRS
			 151.140 through
			 151.170
			 and
			 401 KAR
			 4:010.
(3)
			 "Base year" means the year that is the starting point for planning conducted
			 pursuant to this administrative regulation, usually the year in which planning
			 begins, and from which existing water use information is drawn.
(4) "Contributing watershed" means a
			 watershed delineated in such a way that noncontributing areas, such as areas
			 draining to sinkholes that drain into another watershed, are
			 excluded.
(5) "Discharge" means the
			 volume of water that flows past a given point within a given period of time,
			 usually expressed in cubic feet per second or gallons per minute.
(6) "Historical year" means a year four (4)
			 to six (6) years prior to the base year.
(7) "Hydrologic unit" means watershed
			 boundaries as shown on the U.S. Geological Survey's Hydrologic Unit Map of
			 Kentucky.
(8) "Impoundment" means a
			 water-retaining structure with the ability to retain at least twenty-five (25)
			 acre-feet of water at normal pool.
(9) "Interconnection" means a linkage between
			 two (2) or more water suppliers that can be used to transfer water from one (1)
			 water supplier to the other.
(10)
			 "Kentucky River Authority" means the authority established under
			 KRS 151.700
			 and
			 151.710.
(11) "Local planning fund contributors" means
			 counties, cities, and water suppliers that pay any portion of the expenditures
			 necessary to comply with this administrative regulation.
(12) "Monthly average flow" means the average
			 flow for each month of the year based on the period of record. It is equal to
			 the total volume of water used for the month divided by the number of days in
			 the month.
(13) "Nonpoint source
			 pollution" means pollution caused by diffuse sources, including land runoff,
			 precipitation, atmospheric deposition, or percolation.
(14) "Phase one planning activities" include
			 the activities required by this administrative regulation that relate to data
			 collection and assessment of water supply planning needs. Specifically, these
			 activities include the requirements for initiating the planning process,
			 including notifications and setting planning objectives, and Section 6(1)
			 through (8) of this administrative regulation.
(15) "Phase two planning activities" include
			 the activities required by this administrative regulation that relate to
			 inventorying water resources, protecting water supplier sources, preparing
			 emergency plans, evaluating water supply alternatives, and to all other
			 planning activities not completed as phase one planning activities.
(16) "Planning council" means a group formed
			 for the express purpose of creating a water supply plan in compliance with this
			 administrative regulation.
(17)
			 "Planning grant" means funds awarded by the General Assembly and the cabinet to
			 support water supply planning pursuant to this administrative
			 regulation.
(18) "Planning
			 representative" means a person who is designated by a planning council to
			 perform tasks in compliance with this administrative regulation.
(19) "Planning unit" means a county or group
			 of counties that have agreed to join with other counties to create a water
			 supply plan that encompasses more than one (1) county.
(20) "Recharge area" means that area that
			 captures and supplies water to a spring or an aquifer.
(21) "Regionalization" means the creation of
			 a regional, administrative or infrastructural, water supplier unit by
			 consolidation or expansion.
(22)
			 "Safe yield" means the amount of water a user can withdraw annually from a
			 groundwater basin throughout the year without depleting the well or aquifer and
			 without adversely affecting other users of the aquifer.
(23) "Semipublic water supplier" means any
			 water supply system that serves more than three (3) families, but is not a
			 water supplier or distributor.
(24)
			 "Seven (7) day, ten (10) year low flow" means the lowest mean flow for seven
			 (7) consecutive days having a recurrence interval of ten (10) years, or having
			 a ten (10) percent chance of occurring in any year.
(25) "Seven (7) day, twenty (20) year low
			 flow" means lowest mean flow for seven (7) consecutive days having a recurrence
			 interval of twenty (20) years, or having a five (5) percent chance of occurring
			 in any year.
(26) "Source
			 classification" means the particular type of a water supply site, including
			 surface water intake, well, or spring-fed intake.
(27) "Specific capacity" means yield of a
			 well per unit of drawdown.
(28)
			 "Unaccounted for water" means water that is withdrawn and not used for
			 commercial, residential, industrial, or municipal purposes.
(29) "Water conservation" means methods and
			 technological applications of passive and active water savings and reuse
			 devices, components and processes to reduce demand for water supply.
(30) "Water supplier" means any system that
			 provides water to the public for human consumption, has at least fifteen (15)
			 service connections or regularly serves an average of at least twenty-five (25)
			 individuals daily at least sixty (60) days of the year, and withdraws more than
			 fifty (50) percent of the water it distributes.
(31) "Water supply distributor" means any
			 system that provides water to the public for human consumption, has at least
			 fifteen (15) service connections or regularly serves an average of at least
			 twenty-five (25) individuals daily at least sixty (60) days of the year, and
			 depends on a water supplier to provide fifty (50) percent or more of the water
			 it distributes.
(32) "Water supply
			 reservoir" means a water retaining structure with the ability to retain at
			 least thirty (30) days of average water use at normal pool, used by a water
			 supplier.
(33) "Water supply
			 source" means a particular site or classification of site where water is
			 withdrawn.
(34) "Water watch group"
			 means a group registered with the cabinet as part of the water watch
			 program.
(35) "Zone of
			 contribution" means the entire area recharging or contributing to a well or
			 well field.
(36) "Zone of
			 influence" means the spatial area surrounding a well, in which drawdown effects
			 occur from groundwater pumpage.
(37) The following items used in this
			 administrative regulation are defined in
			 KRS
			 151.100: cabinet; dam; domestic use;
			 groundwater; reservoir; secretary; watershed; and withdrawal of
			 water.