UNOFFICIAL COPY 23 RS BR 1431
Page 1 of 1
XXXX 2/14/2023 1:19 PM Jacketed
AN ACT relating to natural resources. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 151.210 is amended to read as follows: 3
(1) Any owner of land contiguous to public water shall at all times have the right to the 4
use of the public water[ therefrom to satisfy his needs] for domestic purposes, 5
which shall include water for household purposes, drinking water for poultry, 6
livestock, and domestic animals. The use of water for [such ]domestic purposes 7
shall have priority and be superior to any and all other uses. 8
(2) An owner or group of owners of land contiguous to public water, operating under a 9
withdrawal permit, shall have the right to impound and conserve water:[ for their 10
use by impounding such water] 11
(a) Behind a dam in the natural stream bed or on their land; and[,] 12
(b) When the flow of the stream or level of the lake[ is such that the impounding] 13
will not impair existing uses of the water[,] or will not unreasonably interfere 14
with a beneficial use of the water by other water users. 15
(3) An obstruction placed across a natural stream shall be approved by the cabinet as 16
provided in KRS 151.250. Any obstruction approved by the cabinet[, and] shall 17
include[provide] an outlet so any water[for the release of water] which the owner is 18
not entitled to use or withdraw under KRS Chapters 146, 149, 151, 262, 350.029 19
and 433.750 to 433.757 is released.[, and] The owner shall operate the outlet in 20
accordance with this subsection[provision]. 21