401 KAR 4:200.
Documents and procedures incorporated by reference for the administration of
the regulatory provisions of Kentucky's water resources law.
RELATES TO: KRS
151.125, 151.140, 151.150, 151.160, 151.182, 151.184, 151.200, 151.230,
151.240, 151.250, 151.260, 151.280, 151.293, 151.295, 151.297, 151.310
STATUTORY AUTHORITY:
KRS 151.125
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 13A.120 prohibits an administrative body from issuing
standards or by any other name a document where an administrative regulation is
required or authorized by law. KRS 13A.130 prohibits an administrative body
from using a policy, memorandum, or other form of action to modify or expand a
statute or administrative regulation, or to expand or limit a right guaranteed
by the Constitution of the United States, the Constitution of Kentucky, a
statute, or an administrative regulation. This administrative regulation
provides for the incorporation by reference allowed under 1 KAR 1:010 of the
documents needed by the Environmental and Public Protection Cabinet to
implement 401 KAR Chapter 4, Water Resources. Copies of these documents may be
obtained or examined at the Division of Water Frankfort Office.
Section 1. Stream
Construction Permits. The following documents and policy are incorporated by
reference for the purpose of determining whether to issue or deny permits for
any construction or reconstruction in or along a stream pursuant to KRS
151.250:
(1) Documents.
(a) National
Engineering Handbook, Section 4, Hydrology; Soil Conservation Service; August,
1972.
(b) HEC-2 Water
Surface Profiles (Computer Program); U.S. Army Corps of Engineers; September,
1982.
(c) Federal
Emergency Management Agency, National Flood Insurance Program, Part 59 -
General Provisions; FEMA; May 31, 1979.
(d) Kentucky Model Flood Damage Prevention Ordinance; Booker Associates, Inc.; August, 1983.
(e) Technique for
Estimating Magnitude and Frequency of Floods in Kentucky; U.S. Geological Survey, Water Resources Investigations 76-62; November, 1976.
(f) Drainage Areas
of Streams at Selected Locations in Kentucky; U.S. Geological Survey, Open-File
Report 81-61; January, 1981.
(g) TP-149, A Method
for Estimating Volume and Rate of Run-off in Small Watersheds; Soil
Conservation Service; April, 1973 Revised.
(h) Floodway, Flood
Boundary and Floodway Maps; Flood Insurance Rate Maps; Flood Hazard Boundary
Maps; Federal Emergency Management Agency; (Dates Vary).
(i) Executive Order
77-927, National Flood Insurance Program; Signed by Governor Julian Carroll, September
30, 1977.
(2) Policy. Division
of Water policy document DOW 84-01 is hereby incorporated by reference.
Section 2. Dam
Construction Permits. The following documents are incorporated by reference for
the purpose of determining whether to issue or deny permits to construct,
reconstruct, modify, or remove any dam on appurtenance thereto:
(1) Documents.
(a) Drainage Manual;
Commonwealth of Kentucky, Department of Transportation; 1983 (Revised); Page
400.
(b) DAMS 2,
Structure Site Analysis Computer Program; Soil Conservation Service; October,
1982 (Draft).
(c) HEC-1, Flood
Hydrograph Package (Computer Program); U.S. Army Corps of Engineers; September,
1981.
(d) HEC-2, Water
Surface Profiles (Computer Program); U.S. Army Corps of Engineers; September,
1982.
(e) Guidelines for
the Geotechnical Investigation and Analysis of Existing Earth Dam; Division of
Water; June, 1980.
(f) General
Discussion of Dam Breach Analysis; Division of Water; August, 1979.
(g) TR-20, Computer
Program for Project Formulation Hydrology, Soil Conservation Service; May, 1983
(Draft of Second Edition).
(h) ICES LEASE-1,
Slope Stability Analysis (For Computer); Bailey and Christian, Massachusetts Institute of Technology; April, 1969.
(i) REAME,
Computerized Slope Stability Analysis; Y. H. Huane, Institute for Mining and
Minerals Research; February, 1983.
(j) SWASE,
Computerized Slope Stability Analysis; Y. H. Huang, Institute for Mining and
Minerals Research; 1983.
(k) NWS Dam - Break
Flood Forecasting Model (Computer Program); Dr. D. L. Fread, National Weather
Service; July 18, 1983.
(2) Policy.
(Reserved).
Section 3. Water
Withdrawal Permitting. The following documents included by reference and
policies are for the purpose of determining whether to approve or deny permits
to withdraw water pursuant to KRS 151.150:
(1) Documents.
(a) Flow Duration at
Selected Stream-Sites in Kentucky (USGS Open File Report 80-1221).
(b) Drainage Areas
of Streams at Selected Sites in Kentucky (USGS Open File Report 81-61).
(c) USGS Stream-flow/Basin
Characteristics (unpublished).
(2) Policy.
(a) For the purpose
of evaluating withdrawals from streams, the seven (7) day, ten (10) year low
flow will be maintained in order to ensure proper water quality and provide for
aquatic life needs.
(b) In evaluating
applications for groundwater withdrawals, the cabinet will allow the withdrawal
of reasonable amounts without requiring submission of extensive data and
analysis. However, if the cabinet has reason to believe that groundwater
withdrawals will be of such location or extent that existing uses will be
impaired, the cabinet shall require detailed analysis of the proposed
withdrawal's effects. If a permitted groundwater withdrawal adversely effects
previously permitted groundwater users or domestic water supplies, the
withdrawal shall be reduced to a rate that no longer causes adverse effects or
all affected users shall be provided with sufficient water to meet their needs.
(10 Ky.R. 1212; Am. 11 Ky.R. 176; eff. 8-7-84.)