Kentucky Administrative Regulations Title 420 - KENTUCKY RIVER AUTHORITY
Background: What Title 420 Generally Covers
Title 420 typically includes regulations about:
Management of the Kentucky River system
Water use permitting and fees
Water quality protection
Operation/maintenance of locks and dams
Drought planning and emergency water allocation
Coordination with local utilities and industries
To illustrate what these regulations mean in practice, here are five detailed “cases” showing how the rules would apply.
Case 1: An Industrial Plant Requests a Large Water Withdrawal Permit
Situation:
A paper manufacturing plant in Central Kentucky applies to withdraw 5 million gallons of raw water per day from the Kentucky River for its operations.
Regulatory Issues Involved (Title 420):
Requirement for a water withdrawal permit
Compliance with withdrawal reporting
Payment of water-use fees
Assurance that withdrawal does not harm downstream water supply
How the Regulation Applies:
The plant must file an application demonstrating need, intake location, and equipment specifications.
KRA evaluates the request based on river flow data, existing users, drought contingency plans, and environmental impact.
If approved, the plant is assigned:
A maximum daily withdrawal limit
A requirement to install flow-measuring devices
Monthly reporting obligations
The plant must pay a per-gallon fee to support operation of dams 5–14.
During drought restrictions, the plant may be required to reduce its withdrawal according to priority ranking (municipal drinking water is highest priority).
Outcome:
Permit is issued but with strict reporting and reduced rights during drought periods.
Case 2: A Municipal Water District Fails to Report Water Usage
Situation:
A small water district routinely withdraws water from the Kentucky River but fails to submit monthly usage reports for three consecutive months.
Regulatory Issues Involved:
Mandatory reporting of water withdrawal
Penalties for late or missing reports
Possible suspension of permit
How the Regulation Applies:
Title 420 requires all permitted users to report monthly withdrawal totals.
After one missed month, KRA sends a warning notification.
After the second, a formal notice of violation is issued.
After the third, KRA may:
Impose monetary penalties
Assess estimated usage at a higher fee rate
Temporarily suspend withdrawal privileges if noncompliance continues
The district must correct the violation by filing all missing reports and possibly upgrading its measuring equipment if inaccuracies are suspected.
Outcome:
The water district pays a fine and must submit corrected data, but its withdrawal privileges are restored.
Case 3: A Commercial Marina Violates Rules Near a Lock and Dam
Situation:
A marina constructs a new fuel dock within a restricted safety zone near Lock and Dam No. 9 without prior approval.
Regulatory Issues Involved:
Safety and structural restrictions near KRA-owned facilities
Requirement for prior approval of construction
Protection of navigation and dam infrastructure
How the Regulation Applies:
Title 420 prohibits construction within a certain distance of lock walls, dam gates, or spillways without written authorization.
KRA dispatches inspectors who determine the dock poses a risk to navigation and safety.
The marina is ordered to halt operations and submit engineering plans.
If the structure cannot be certified as safe, removal is required at the marina’s expense.
Additional penalties may be issued for unauthorized construction.
Outcome:
The marina must dismantle and relocate the fuel dock to a compliant location.
Case 4: Drought Emergency – Allocation of Limited Water Resources
Situation:
A severe drought reduces the Kentucky River’s flow to critically low levels. Multiple users—including cities, farmers, industries—compete for limited water.
Regulatory Issues Involved:
Title 420 emergency authority
River-wide drought response plan
Setting priority for water users during shortages
How the Regulation Applies:
KRA declares a drought alert based on river flow and reservoir storage.
Mandatory conservation measures are issued for all users.
Prioritization occurs as follows (typical under Title 420 principles):
Tier 1: Drinking water supply for municipalities
Tier 2: Essential public services (hospitals, schools)
Tier 3: Commercial and light industrial use
Tier 4: Nonessential uses (agricultural irrigation, recreation)
Lower-tier users may be ordered to reduce or suspend withdrawals.
Enforcement officers monitor withdrawals; violations may result in temporary shutdown.
Outcome:
Water is preserved for drinking supplies; nonessential users face temporary limits or restrictions.
Case 5: Pollution Detection Triggers KRA Enforcement Action
Situation:
A chemical storage facility experiences a minor spill that flows into a tributary feeding the Kentucky River. Elevated chemical levels are detected downstream.
Regulatory Issues Involved:
Authority to protect river water quality
Coordination with emergency response and environmental agencies
Suspension of water withdrawal during contamination events
How the Regulation Applies:
KRA receives a contamination alert from water quality monitors.
The facility must immediately report spill volume and chemical composition.
KRA may:
Notify municipal water treatment plants
Temporarily close intakes until levels normalize
Coordinate cleanup with environmental officials
If negligence is confirmed, KRA may impose penalties, suspend the facility’s withdrawal permit, or require a remediation plan.
The facility must install improved containment systems to prevent recurrence.
Outcome:
The spill is contained, but the facility faces fines and stricter oversight.
RELATED Blog
comments