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Show 334 KENTUCKY and has the right to use this source of water. The Kentucky Court has never adopted any elements of the appropriation doctrine con- cerning either surface water or ground water. Until recently, there was very little legislation in Kentucky dealing with the use of water. However, in 1966 legislation was enacted which provides for a limited amount of State administrative control over the utilization and allocation of the waters of the State.1 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights As noted above, until recently Kentucky has been without any State administrative control in the field of water rights. Definition and evaluation of individual water rights were matters of judicial interpretation. However, by the adoption of a Water Eesources Act in 1966, Kentucky did provide for a limited State regulation and control of water use. The act provides that, as a matter of State policy, the conservation, development, and beneficial use of the State's water resources are of vital importance to the welfare of the people of the State. It is further declared to be the policy of the State to encourage and provide financial support for water control and storage projects; to protect established rights and assure delivery of water to those having rights; to prohibit pollution; to prevent flooding; and to develop the State's ground water resources. The act defines as public water that which occurs in any stream or lake, ground water, subterranean water, or other body of water which may be applied to any useful and beneficial purpose, and brings such water within State control and regulation. Diffused surface waters, defined as waters which flow vagrantly over the ground sur- face, are declared not to be public waters, but are subject to use by the owner of the land upon which such waters are located.2 A Division of Water is created within the Department of Natural Eesources to administer the act. The rights of riparian landowners to use public water are defined. A permit system is provided whereby rights may be acquired to use the water which is surplus to the established rights on a source. Users of water under a permit are required to keep a record of water used and to report the same to the Division on a quarterly basis. In times of drought, emergency, or other extraordinary situations, the available water may be tem- porarily allocated between water users by the Division, with the approval of the Water Resources Authority, without regard to the provisions of existing permits.3 In addition to the duties and responsibilities outlined above, the Division is authorized to undertake studies and to propose recommen- dations for a statewide flood control and water development program. 1 Marquis, Freeman, and Heath, The Movement for "New Water Rights Laws in the Tennessee Valley States, 23 Tenn. L. R. 797 (1955) ; Comment, Irrigation in Kentucky as Affected oy the Law of Riparian Rights, 40 Ky. L.J. 423 (1952) ; Comment, Irrigation with Non-Riparian Surface Water and Subterranean Water in Kentucky 42 Ky, L.J. 493 (1954) ; Ky. Rev. Stat., sees. 151.100 to 151.990. 2 Ky. Rev. Stat., sees. 151.100 to 151.120. 8 Ky. Rev. Stat, sees. 151.130 to 151.210. |
