KRS 151.200: Temporary allocation of water supply among users -- Permit for transfer

or diversion of water between streams or watersheds.

(1) Notwithstanding the existence of any permits for the withdrawal, diversion, or

transfer of public water, in times of droug ht, emergency, or other similar situations

requiring a balancing of the rights and available water between water users, the

cabinet, upon declaration of a water emergency by the Governor, may temporarily

allocate the available public water supply among wat er users and restrict the water

withdrawal rights of permit holders, until such time as the condition is relieved and

the best interests of the public are served.

(2) The cabinet, with the approval of the secretary, may issue a permit for the transfer

or d iversion of public water from one (1) stream or watershed area to another,

where such transfer is consistent with the wise use of the public water of the

Commonwealth and is in the best interests of the public. Prior to issuance of the

permit the applicant shall publish a public notice soliciting written comments on the

proposed permit in the newspaper or newspapers having greatest circulation in the

area of the stream reach from which the withdrawal is taken. The applicant shall

also send written notice to water withdrawal permit holders that might be affected

by the permit. Thirty (30) days shall be allowed for public comments on the

proposed permit.