KRS 151.100: Definitions for KRS 151.110 to 151.460 and 151.990.

As used in KRS 151.110 to 151.460 and 151.990:

(1) "Authority" means the Water Resources Authority of Kentucky;

(2) "Authorized representative" means an individual specifically authorized by the

secretary to act on his or her behalf;

(3) "Base flood" means the elevation of surface water resulting from a flood that has a

one percent (1%) chance of equaling or exceeding that level in any given year;

(4) "Cabinet" means the Energy and Environment Cabinet;

(5) "Dam" means any artificial barrier, including appurtenant works, which does or can

impound or divert water, and which either:

(a) Is or will be twenty-five (25) feet or more in height from the natural bed of the

stream or watercourse at the downstream toe of the barrier, as determined by

the cabinet; or

(b) Has or will have an impounding capacity at maximum water storage elevation

of fifty (50) acre-feet or more;

(6) "Diffused surface water" means that water which comes from falling rain or melting

snow or ice, and which is diffused over the surface of the ground, or which

temporarily flows vagrantly upon or over the surface of the ground as the natural

elevations and depressions of the surface of the earth may guide it, until such water

reaches a stream or watercourse;

(7) "Domestic use" means the use of water for ordinary household purposes, and

drinking water for poultry, livestock, and domestic animals;

(8) "Embankment dam" means any dam constructed of excavated natural materials or

of industrial waste materials;

(9) "Floodplain" means the area in a watershed that is susceptible to being inundated by

floodwaters from any source;

(10) "Floodway" means the channel of a river, stream, or other watercourse and the

adjacent land areas that must be reserved in order to discharge the base flood

without cumulatively increasing the water surface elevation more than a designated

height;

(11) "Gravity dam" means a dam constructed of concrete or masonry that relies on its

weight for stability;

(12) "Groundwater" means all water which f ills the natural openings under the earth's

surface, including all underground watercourses, artesian basins, reservoirs, lakes,

and other bodies of water below the earth's surface;

(13) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llama s, buffaloes,

and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid

species;

(14) "Owner" means any person who owns an interest in, controls, or operates a dam;

(15) "Person" means any individual, public or private corporation, p olitical subdivision,

government agency, municipality, copartnership, association, firm, trust, estate, or

other entity whatsoever;

(16) "Reservoir" means any basin which contains or will contain the water impounded

by a dam;

(17) "Secretary" means the secretary of the Energy and Environment Cabinet;

(18) "Stream" or "watercourse" means any river, creek, or channel, having well defined

banks, in which water flows for substantial periods of the year to drain a given area,

or any lake or other body of water in the Commonwealth;

(19) "Water resources project" or "project" means any structural or nonstructural study,

plan, design, construction, development, improvement, or any other activity

including programs for management, intended to conserve and develop the water

resources of the Commonwealth and shall include all aspects of water supply, flood

damage abatement, navigation, water -related recreation, and land conservation

facilities and measures;

(20) "Watershed" means all the area from which all drainage pas ses a given point

downstream; and

(21) "Withdraw" or "withdrawal" of water means the actual removal or taking of water

from any stream, watercourse, or other body of public water.