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Show KENTUCKY 335 It also has jurisdiction over all streams within the State for flood con- trol and water resource development, and may adopt rules and regu- lations necessary for the administration of the duties. The Division is to review and make recommendations on Federal projects which might affect flood control or water resource development within the State. With respect to the construction of flood control works and other works which might affect the development of water resources by the State, or which will require the expenditure of State funds for water project purposes, the Division is to make a preliminary survey and report of the project. If the preliminary report is favorable on the basis of need, economic value, or future development, the Division, with the approval of the Governor, shall cause a comprehensive final survey and report to be prepared. Before undertaking construction of any dam, levee, dike, or other obstruction across any stream, plans and specifications must be ap- proved and a permit issued by the Division. Likewise, a permit must be obtained from the Division before placing fill material or constructing a barrier or obstruction which will affect the flow of water in any stream. Except when authorized by a permit, matter cannot be deposited in any stream in any way which will restrict or disturb the flow of water in the channel. Construction for the diver- sion of water for a beneficial use or for agricultural purposes is exempted from the permit requirement. Provision is made for judicial review of any decision of the Division where a permit has been denied. The Division is authorized to inspect any existing dam, embank- ment, levee, or other barrier from the standpoint of safety and to order that remedial measures be taken if needed. If a structure poses a serious threat to life or property, an injunction may be sought to require corrective measures or to remove the structure.4 The Water Resources Act also created the Water Resources Au- thority of Kentucky. This agency is to assist in the development of Kentucky's water resources and is authorized to construct, main- tain, operate, and regulate water resource projects and fix and charge fees for the use of project facilities; to contract with the Federal Government for the inclusion of additional water supply storage space behind Federal flood control projects; and to participate with Federal, State, or local agencies in the construction of water projects. The authority is authorized and empowered to coordinate the pro- grams of all State agencies in the conservation, development, and use of public water and to promote the beneficial and proper distribution of water throughout the State. In order to finance projects, the authority is authorized to loan. money from a special revolving trust fund (set up by the act) to governmental subdivisions for the construction of water resource development projects, but all loans must be secured. In addition,1 the authority may issue revenue bonds for the purpose of paying all or part of the cost of such projects.5 * Ky. Rev. Stat., sees. 151.220 to 151.310. ¦ Ky. Rev. Stat., sees. 151.330 to 151.990. |