KRS 224.71-110: Agriculture Water Quality Authority -- Membership -- Responsibilities.

(1) The Agriculture Water Quality Authority is created and administratively attached to

the cabinet. The authority shall be a multidiscipline peer group that shall evaluate,

develop, and improve best-management practices in conservation plans, compliance

plans, and forest stewardship management plans; establish statewide and regional

agriculture water quality plans; and otherwise promote soil and water conservation

activities that protect waters of the Commonwealth from the adverse impacts of

agriculture operations within the Commonwealth. The cabinet shall provide staff to

the authority.

(2) Within six (6) months of July 15, 1994, the Soil and Water Conservation

Commission shall submit to the Governor for appointment to the Agriculture Water

Quality Authority a list of three (3) persons recommended by each of the following

state agencies and organizations:

(a) Kentucky Association of Conservation Districts;

(b) Kentucky Department of Agriculture;

(c) University of Kentucky College of Agriculture Cooperative Extension

Service;

(d) Kentucky Farm Bureau Federation, Inc.;

(e) Division of Conservation, Energy and Environment Cabinet;

(f) Division of Forestry, Energy and Environment Cabinet;

(g) Kentucky Geological Survey; and

(h) Environmental organizations.

The membership of the Agriculture Water Quality Authority appointed by the

Governor shall consist of one (1) representative from each of the groups identified

in paragraphs (a) to (h) of this subsection and three (3) members at large from

agriculture operations. The Soil and Water Conservation Commission shall solicit

nominations from Kentucky agriculture operations organizations and submit those

names to the Governor for selection of the three (3) members at large from

agriculture operations. The Governor shall select four (4) members to serve two (2)

year initial terms, four (4) members to serve three (3) year initial terms, and three

(3) members to serve four (4) year initial terms. All succeeding terms shall be four

(4) year terms. A representative from the Natural Resources Conservation Service

and a representative from the United States Department of Agriculture Farm Service

Agency may also be appointed by the Governor to serve on the authority. One (1)

representative each from the Division of Water, Energ y and Environment Cabinet

and the Department for Public Health, Cabinet for Health and Family Services shall

serve as ex officio members.

(3) It shall be the responsibility of the Agriculture Water Quality Authority to establish,

at a minimum, the followin g four (4) committees for agriculture operations, with

membership outside the Agriculture Water Quality Authority:

(a) Livestock and poultry;

(b) Crops, including but not limited to tobacco, corn, soybeans, small grains,

fruits and vegetables, pasture and timber;

(c) Pesticides, fertilizers, and other agricultural chemicals; and

(d) Farmstead issues.

(4) The Agriculture Water Quality Authority shall have the following responsibilities:

(a) Review water quality data as available;

(b) Review university research on water quality and alternative best -management

practices research;

(c) Evaluate the adoption and effectiveness of best -management practices, and

modify best-management practice design standards to improve water quality

protection practices;

(d) Develop by July 1, 1996, statewide agriculture water quality plans to address

identifiable water pollution problems from agriculture operations, and

continue to evaluate and modify the agriculture water quality plans, as

necessary to prevent water pollution from agriculture operations;

(e) Assist with the review of state-funded and other water quality monitoring data

and with the establishment of agriculture water priority protection regions;

(f) Provide technical assistance to persons eng aged in agriculture operations and

to the Soil and Water Conservation Commission in its efforts to coordinate

water quality protection as related to agriculture operations;

(g) Work with the Natural Resources Conservation Service, United States

Department of Agriculture Farm Service Agency, and conservation districts to

disseminate to agriculture operations the best -management practices,

conservation plans, compliance plans, forest stewardship management plans,

and agriculture water quality plans which addr ess the protection of

groundwater and surface water;

(h) Provide the Governor and the Legislative Research Commission with biennial

reports of the progress of the Agriculture Water Quality Authority program;

and

(i) Establish procedures for modifications t o be incorporated into statewide or

regional agriculture water quality plans.

(5) The cabinet's Division of Water shall approve or disapprove any statewide and

regional water quality plan within thirty (30) days of receiving the plan from the

Agriculture Water Quality Authority. All provisions of a statewide or regional water

quality plan not found deficient shall be approved. If the Division of Water finds

any provision of the statewide or regional agriculture water quality plan deficient,

the Division of Water shall give written notice to the authority of those provisions

found to be deficient. Within the thirty (30) days following the notice of deficiency,

the authority shall deliver to the Division of Water a written response setting forth

proposed solut ions to the deficiencies. Any deficiencies which remain unresolved

shall be resolved in a manner agreed to jointly by the Division of Water and the

authority within sixty (60) days unless the Division of Water and authority jointly

agree to an extension or alternate dispute resolution. The Division of Water shall

approve or disapprove all modifications to the statewide and regional plans as set

forth at KRS 224.71-120(8).