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
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.
