151.100 Definitions.
Download pdf
Loading PDF...
<![CDATA[151.100 Definitions. As used in KRS 151.110 to 151.460 and 151.990, the words listed herein shall have the <br>following respective meanings, unless another or different meaning or intent shall be <br>clearly indicated by the context: <br>(1) The word "authority" shall mean the Water Resources Authority of Kentucky; <br>(2) The word "cabinet" shall mean the Energy and Environment Cabinet; <br>(3) The word "stream" or "watercourse" shall mean any river, creek or channel, having well defined banks, in which water flows for substantial periods of the year to drain <br>a given area, or any lake or other body of water in the Commonwealth; (4) The word "diffused surface water" shall mean that water which comes from falling rain or melting snow or ice, and which is diffused over the surface of the ground, or <br>which temporarily flows vagrantly upon or over the surface of the ground as the <br>natural elevations and depressions of the surface of the earth may guide it, until <br>such water reaches a stream or watercourse; (5) The word "ground water" or "subterranean water" shall mean all water which fills the natural openings under the earth's surface including all underground <br>watercourses, artesian basins, reservoirs, lakes, and other bodies of water below the <br>earth's surface; (6) The word "floodway" shall mean that area of a stream or watercourse necessary to carry off flood water as determined by the secretary; (7) The word "floodplain" shall mean the area in a watershed that is subject to inundation; (8) The word "watershed" shall mean all the area from which all drainage passes a given point downstream; (9) The word "domestic use" shall mean the use of water for ordinary household purposes, and drinking water for poultry, livestock, and domestic animals; (10) The word "water resources project" or "project" shall mean any structural or nonstructural study, plan, design, construction, development, improvement or any <br>other activity including programs for management, intended to conserve and <br>develop the water resources of the Commonwealth and shall include all aspects of <br>water supply, flood damage abatement, navigation, water-related recreation, and <br>land conservation facilities and measures; (11) The word "withdraw" or "withdrawal of water" shall mean the actual removal or taking of water from any stream, watercourse or other body of public water; (12) The word "dam" shall mean any artificial barrier, including appurtenant works, which does or can impound or divert water, and which either: <br>(a) Is or will be twenty-five (25) feet or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by <br>the cabinet; or (b) Has or will have an impounding capacity at maximum water storage elevation of fifty (50) acre-feet or more; (13) "Embankment dam" shall mean any dam constructed of excavated natural materials or of industrial waste materials; (14) "Gravity dam" shall mean a dam constructed of concrete or masonry that relies on its weight for stability; (15) The word "person" shall mean any individual, public or private corporation, political subdivision, government agency, municipality, copartnership, association, <br>firm, trust, estate, or other entity whatsoever; (16) "Secretary" shall mean the secretary of the Energy and Environment Cabinet; <br>(17) "Authorized representative" shall mean an individual specifically authorized by the secretary to act in his behalf; (18) The word "reservoir" shall mean any basin which contains or will contain the water impounded by a dam; and (19) "Owner" shall mean any person who owns an interest in, controls, or operates a dam. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 177, effective July 15, 2010. -- Amended 1988 Ky. Acts ch. 405, sec. 1, effective July 15, 1988. -- Amended 1984 Ky. Acts <br>ch. 111, sec. 84, effective July 13, 1984; and ch. 216, sec. 1, effective July 13, 1984. <br>-- Amended 1982 Ky. Acts ch. 214, sec. 1, effective July 15, 1982. -- Amended 1974 <br>Ky. Acts ch. 74, Art. III, sec. 13(9); and ch. 285, sec. 1. -- Created 1966 Ky. Acts <br>ch. 23, sec. 1. ]]>