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Show 336 KENTUCKY 2.2 Resolution of Water Use Conflicts The development of Kentucky water law has largely been a matter of judicial decision in cases between individual claimants asserting rights to a stream or other source. Thus, the judiciary has been virtually the exclusive institution for resolving water user disputes. Although private lawsuits concerning water may be initiated in various ways, they usually take the form of an action for damages for injury to a water right, or injunctive proceedings which seek to prevent impairment of a user's right.6 2.3 Other Agencies Having Water Resource Responsibilities a. WATER QUALITY CONTROL Water quality control in Kentucky is primarily the responsibility of the Water Pollution Control Commission, a State agency within the Department of Health. The Commission is empowered to develop a comprehensive water quality program, including the adoption of rules and regulations for the prevention, control, and abatement of water pollution; cooperate with the Federal Government in carrying out water pollution control programs and accept and administer Federal loans and grants for this purpose; establish water quality standards; issue orders, after notice and hearing, for the abate- ment of pollution; and institute court proceedings where necessary to secure compliance with the act or the orders of the Commission.7 The act expressly prohibits the discharge of wastes or any other substance into the water of the State which would cause or contribute to pollution in violation of the standards, rules, regulations, or orders of the Commission, or of the act. A permit must be obtained from the Commission, through the submission of plans and specifica- tions, before commencing construction of new facilities or extending existing facilities which discharge wastes or other matter into the waters of the State. The act contains an emergency provision which allows the Commission to require such action as may be necessary to protect the public health. After notifying the Governor, the Com- mission may issue an order requiring a pollutor to take corrective action without notice and hearing. But, if requested, a hearing shall be held as soon thereafter as possible.8 The act specifies detailed hearing procedures to be followed by the Commission and also provides for appeal from orders of the Commission. In addition to other remedies, the State may sue pollutors^ for injury to or destruction of fish or wildlife as a result of pollution, in an amount necessary to restock or restore such fish or wildlife.9 In an attempt to control and abate pollution on interstate waters, Kentucky has ratified interstate compacts on the Ohio River drain- age basin10 and on the Tennessee Eiver drainage basin.11 To carry a Bank of Hopkinsville v. Western Kentucky Asylum for the Insane, 108 Ky 357 56 S.W. 525 (1900) ; King v. Board of Council of City of Danville, 128 Ky. 321, 107 S.W. 1189 (1908) ; Redman v. Form.an, 83 Ky. 214 (1885). 7 Ky. Rev. Stat., sees. 224.010 to 224.050. 8 Ky. Rev. Stat., sees. 224.060 to 224.070. 9 Ky. Rev. Stat., sees. 224.080 to 224.110. 10 Ky. Rev. Stat., sec. 224,190. 11 Ky. Rev. Stat., sec. 224.195. |
