Find Legal Information

151.720 Powers of authority.

Download pdf

151.720 Powers of authority. The Kentucky River Authority is authorized and empowered to: <br>(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 <br>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 <br>personal property and by lease or other conveyance, contract for the right to use and <br>occupy any real or personal property selected in the discretion of the authority as <br>constituting necessary, desirable, or acceptable sites to fulfill its statutory authority <br>and power; (3) Lease its real or personal property to other state agencies, political subdivisions of the Commonwealth, corporations, partnerships, associations, foundations, or <br>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 <br>charged such a fee may pass on all or any part of the fee; (6) Issue revenue bonds in accordance with KRS 151.730; <br>(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 <br>authority; (8) Contract for services with other state agencies, political subdivisions of the Commonwealth, corporations, partnerships, associations, foundations, or persons to <br>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 <br>151.727 and 151.728, and to enforce administrative regulations promulgated by the <br>authority. The long-range water resource plan and drought response plan shall be <br>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 <br>county within the basin shall develop a long-range water resource plan and submit it <br>to the authority. The authority, after consultation with the Energy and Environment <br>Cabinet, shall develop a unified long-range water resource plan for the basin. The <br>unified long-range water resource plan shall be implemented over short-range and <br>long-range time periods. The short-range plan shall be for a period of six (6) years <br>and the long-range plan shall be for a period of twenty (20) years. The authority <br>shall conduct a public hearing on the plan prior to its adoption and amend the plan <br>as appropriate based on the comments received. The Energy and Environment Cabinet shall review the draft unified plan and provide comment during the public <br>comment period concerning the consistency of the plan with the state requirements <br>under KRS Chapters 224 and 151. A drought response plan for the basin shall be <br>developed by the authority and shall be coordinated with the Energy and <br>Environment Cabinet to assure consistency with KRS Chapters 224 and 151, and <br>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 <br>these regulations shall not be less stringent than state and federal regulations <br>protecting groundwater; (13) Promote private investment in the installation of hydroelectric generating units on all existing constructed and reconstructed Kentucky River dams under the <br>jurisdiction of the authority, by developing a standard lease, establishing reasonable <br>financial responsibility requirements, verifying that the proposed installation of the <br>hydroelectric unit will not adversely affect the structural integrity of the dam, and <br>adopting a schedule of reasonable fees for water used in the generation of <br>hydroelectric power; (14) Develop recreational areas within the basin. These recreational areas may be operated and funded by the state Department of Parks, Kentucky State Nature <br>Preserves Commission, or other governmental entity as specifically authorized or <br>permitted within the biennial executive budget. There is hereby created the <br>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 <br>the Finance and Administration Cabinet that a significant need exists for the repairs <br>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 <br>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 <br>shall be defined by a hydrologic map promulgated in an administrative regulation. Effective: July 15, 2010 <br>History: 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. <br>Acts ch. 139, sec. 15, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 265, <br>sec. 4, effective July 14, 2000; and ch. 287, sec. 4, effective July 14, 2000. -- <br>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, <br>sec. 44, effective July 13, 1990; and ch. 500, sec. 2, effective July 13, 1990. -- <br>Created 1986 Ky. Acts ch. 383, sec. 3, effective July 15, 1986. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts ch. 24 and repealed and reenacted by 2010 Ky. Acts ch. 5. <br>Notwithstanding KRS 446.260, these Acts do not appear to be in conflict and have <br>been codified together. 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 &quot;shall apply <br>retroactively to July 15, 2008.&quot; 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 <br>incorporated into KRS 45A.045 by amendment of that statute. See 1990 Ky. Acts <br>ch. 496, secs. 67 and 1. Accordingly, pursuant to KRS 7.136(1)(e), the prior <br>reference to the repealed statute in subsection (4) of this section has been replaced <br>with the citation for the current statute.