Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 151.100-151.600, 151.700-151.730, 151.990,
223.400-223.460, 224.70, 224.73
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151.700 through
151.730 authorize the Kentucky River Authority to manage the surface water and
groundwater of the Kentucky River basin. The authority has the power and duty
to develop and to implement programs relating to the locks and dams on the
Kentucky River; to acquire, to sell and to lease property; to develop
recreational areas; to issue revenue bonds; to assess fees for water use; to
contract for services; to adopt administrative regulations protecting waters in
the Kentucky River basin; to develop and to implement comprehensive plans for
protecting the water of the Kentucky River basin; and to collaborate with the
Natural Resources and Environmental Protection Cabinet and other state agencies
in coordinating Kentucky River basin water resource and water quality
activities. This administrative regulation establishes administrative
procedures employed by the authority in implementing those powers and
duties.
Section 1. Election of
Vice-chairman. In addition to electing a chairman as provided by KRS
151..710(6), the authority shall elect one (1) of its members as vice-chairman.
The vice-chairman may act for the authority in the absence or unavailability of
the chairman.
Section 2. Meetings
of the Authority. Meetings of the authority shall be conducted in accordance
with the Kentucky Open Meetings Law, KRS 61.805 through 61.850.
Section 3. Inspection of Public Records.
(1) Public records of the authority shall be
made available for public inspection in accordance with the Kentucky Open
Records Act, KRS 61.870 through 61.884.
(2) The authority shall make available to a
public library located in each county contained in whole or in part within the
Kentucky River basin copies of the following documents:
(a) The authority's quarterly and annual
reports;
(b) The authority's draft
and final unified long-range water resource plans;
(c) The authority's draft and final drought
response plans;
(d) The authority's
letter approving a county long-range water resource plan;
(e) A county's draft and final long-range
water resource plans; and
(f) The
authority's administrative regulations.
Section 4. Mailing List. The authority shall
maintain a list of members of the public, including members of the media, to
whom copies of the public notices described by this administrative regulation
may be provided. Any person may request to be placed upon or removed from the
authority's mailing list. The authority may periodically revise its list to
remove the names of persons who do not respond to the authority's request to
update the mailing list.
Section 5.
Public Participation.
(1) Scope and
applicability. This section applies to the following activities:
(a) The authority's development of a drought
response plan;
(b) The authority's
development of a unified long-range water resource plan.
(2)Public notice.
(a) Before the authority prepares a draft
drought response plan or a draft unified long-range water resource plan, it
shall notify the public that it is seeking public participation in the
preparation of those drafts. The authority shall notify the public by
publishing a notice in the Lexington Herald-Leader and in a local newspaper
serving each county located in whole or in part within the Kentucky River
basin, and by mailing the notice to the county judge-executive of each county
located in whole or in part within the Kentucky River basin. The notice shall
schedule a public meeting or a series of public meetings.
(b) After the authority prepares a draft
drought response plan or a draft unified long-range water resource plan, it
shall notify the public by publishing a notice in the Lexington Herald-Leader
and in a local newspaper serving each county located in whole or in part within
the Kentucky River basin, and by mailing the notice to the county
judge-executive of each county located in whole or in part within the Kentucky
River basin. The public notice shall comply with KRS 424.130, shall state that
a draft drought response plan or a draft unified long-range water resource plan
has been prepared, that copies are available for inspection in accordance with
the Kentucky Open Records Act, that copies have been delivered to local
libraries, and that the public shall have thirty (30) days from the date of
newspaper publication to comment and to request a public
hearing.
(3) Public
meeting. The authority shall hold a public meeting or a series of public
meetings prior to preparing a draft drought response plan or a draft unified
long-range water resource plan.
(4)
Public comment period. There shall be thirty (30) days from the date set in the
newspaper publication pursuant to KRS 424.130 for the public to comment upon a
draft drought response plan or a draft unified long-range water resource
plan.
(5) Public hearing. If
requested within the first fifteen (15) days of the thirty (30) day public
comment period described in subsection (4) of this section, the authority shall
conduct a public hearing before the close of the public comment period on the
draft drought response plan or the draft unified long-range water resource
plan. The public hearing shall be conducted in Frankfort unless the authority
determines it is more appropriate to hold the public hearing in another county
located within the Kentucky River basin. Any person may appear at the public
hearing and offer written or oral comments. The authority may limit oral
testimony to five (5) minutes or less per speaker.
(6) Consideration of public comments. The
authority shall consider all oral and written comments received during the
public comment period described in subsection (4) of this section. The
authority may prepare a written response to those oral and written comments,
and may disseminate copies of the response to commentors and to others
requesting copies.
(7) Final
action. The authority shall not take final action on a draft drought response
plan or a draft unified long-range water supply plan until it has completed its
consideration of all public comments. The authority shall publish notice that
it has taken final action by publishing a notice in the Lexington Herald-Leader
and in a local newspaper serving each county located in whole or in part within
the Kentucky River basin, and by mailing the notice to the county
judge-executive of each county located in whole or in part within the Kentucky
River basin.
Section 6.
Advisory Committees.
(1) The authority may
appoint advisory committees to assist and to advise the authority.
(2) In appointing advisory committees, the
authority shall consider appointing representatives of the public;
representatives of federal, state, county or municipal governments;
representatives of water resource and water quality agencies; representatives
of water-using industries; representatives of water utilities, representatives
of groups interested in water-related issues; and representatives of labor and
agriculture.
(3) Any person who
wishes to serve on an advisory committee may contact the authority in writing
and so request. The authority shall consider each request.
Section 7. Request for Authority Action.
(1) Any person may request that the authority
consider any matter within its jurisdiction. The request shall be made in
writing to the chairman of the authority and shall be submitted at least thirty
(30) days in advance of a meeting of the authority in order to be considered at
that meeting.
(2) The chairman
shall notify the remaining members of the authority of the request for
consideration of the matter prior to the next meeting of the
authority.
(3) The person making
the request for consideration of a matter may appear before the authority at
the next meeting and discuss that matter. The authority may limit the time
spent on that person's presentation or in consideration of the
matter.
(4) The authority may take
final action at that meeting, defer final action to a later meeting, or decline
to consider the matter.
STATUTORY AUTHORITY: KRS 151.710, 151.720, 151.725,
151.730