401 KAR 4:200. Documents and procedures incorporated by reference for the administration of the regulatory provisions of Kentucky's water resources law

Link to law: http://www.lrc.ky.gov/kar/401/004/200.htm
Published: 2015

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      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.)