Kentucky Statutes 151.720 – Powers of authority
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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.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 29, sec. 50, effective July 14, 2018. — Repealed and reenacted 2010 Ky. Acts ch. 5, sec. 15, effective February 25, 2010; and amended ch. 24, sec. 181, effective July 15, 2010. — Amended 2008 Ky. Acts ch.
139, sec. 15, effective July 15, 2008. — Amended 2000 Ky. Acts ch. 265, sec. 4, effective July 14, 2000; and ch. 287, sec. 4, effective July 14, 2000. — Amended
1996 Ky. Acts ch. 229, sec. 2, effective July 15, 1996. — Amended 1992 Ky. Acts ch.
453, sec. 1, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 496, sec. 44, effective July 13, 1990; and ch. 500, sec. 2, effective July 13, 1990. — Created 1986
Ky. Acts ch. 383, sec. 3, effective July 15, 1986.
Legislative Research Commission Note (2/25/2010). 2010 Ky. Acts ch. 5, sec. 28, provides that the repeal and reenactment of this section in that Act “shall apply retroactively to July 15, 2008.”
Legislative Research Commission Note (7/15/96). In 1990, KRS § 45.360 was repealed, and its provisions on the disposal of state-owned real or personal property were incorporated into KRS § 45A.045 by amendment of that statute. See 1990 Ky. Acts ch.
496, secs. 67 and 1. Accordingly, pursuant to KRS § 7.136(1)(e), the prior reference to the repealed statute in subsection (4) of this section has been replaced with the citation for the current statute.
(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;
Terms Used In Kentucky Statutes 151.720
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contract: A legal written agreement that becomes binding when signed.
- Devise: To gift property by will.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Personal property: All property that is not real property.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(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.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 29, sec. 50, effective July 14, 2018. — Repealed and reenacted 2010 Ky. Acts ch. 5, sec. 15, effective February 25, 2010; and amended ch. 24, sec. 181, effective July 15, 2010. — Amended 2008 Ky. Acts ch.
139, sec. 15, effective July 15, 2008. — Amended 2000 Ky. Acts ch. 265, sec. 4, effective July 14, 2000; and ch. 287, sec. 4, effective July 14, 2000. — Amended
1996 Ky. Acts ch. 229, sec. 2, effective July 15, 1996. — Amended 1992 Ky. Acts ch.
453, sec. 1, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 496, sec. 44, effective July 13, 1990; and ch. 500, sec. 2, effective July 13, 1990. — Created 1986
Ky. Acts ch. 383, sec. 3, effective July 15, 1986.
Legislative Research Commission Note (2/25/2010). 2010 Ky. Acts ch. 5, sec. 28, provides that the repeal and reenactment of this section in that Act “shall apply retroactively to July 15, 2008.”
Legislative Research Commission Note (7/15/96). In 1990, KRS § 45.360 was repealed, and its provisions on the disposal of state-owned real or personal property were incorporated into KRS § 45A.045 by amendment of that statute. See 1990 Ky. Acts ch.
496, secs. 67 and 1. Accordingly, pursuant to KRS § 7.136(1)(e), the prior reference to the repealed statute in subsection (4) of this section has been replaced with the citation for the current statute.