{"data":{"id":"us-ky/krs-74.012","jurisdiction":"us-ky","citation":"KRS 74.012","heading":"Water district -- Creation -- Application to Public Service Commission --","body":"Hearing -- Conditions.\n(1) Prior to the establishment of any water district as provided by KRS 74.010, and\nprior to the incorporation or formation of any nonprofit corporation, a ssociation or\ncooperative corporation having as its purpose the furnishing of a public water\nsupply (herein referred to as a \"water association\"), a committee of not less than five\n(5) resident freeholders of the geographical area sought to be served with water\nfacilities by the proposed district or the proposed water association shall formally\nmake application to the Public Service Commission of Kentucky in such manner\nand following such procedures as the Public Service Commission may by regulation\nprescribe, seeking from the commission the authority to petition the appropriate\ncounty judge/executive for establishment of a water district, or to proceed to\nincorporate or otherwise create a water association. The commission shall\nthereupon set the application  for formal public hearing, and shall give notice to all\nother water suppliers, whether publicly owned or privately owned, and whether or\nnot regulated by the commission, rendering services in the general area proposed to\nbe served by said water district or water association, and to any planning and zoning\nor other regulatory agency or agencies with authority in the general area having\nconcern with the application. The commission may subpoena and summon for\nhearing purposes any persons deemed necessary by t he commission in order to\nenable the commission to evaluate the application of the proponents of said\nproposed water district or water association, and reach a decision in the best\ninterests of the general public. Intervention by any interested parties, wa ter\nsuppliers, municipal corporations, and governmental agencies shall be freely\npermitted at such hearing.\n(2) The public hearing shall be conducted by the commission pursuant to the provisions\nof KRS 278.020. At the time of the hearing, no employment of counsel or of\nengineering services shall have been made to be paid from water district funds,\nwater association funds, or made a charge in futuro against water district or water\nassociation funds, if formation of such water district or water association is\npermitted by the commission.\n(3) Before the Public Service Commission shall approve any application for creation of\na water district or water association, the commission must make a finding and\ndetermination of fact that the geographical area sought to be  served by such\nproposed water district or water association cannot be feasibly served by any\nexisting water supplier, whether publicly or privately owned, and whether or not\nsubject to the regulatory jurisdiction of the commission. If it shall be determin ed\nthat the geographical area sought to be served by the proposed water district or\nwater association can be served more feasibly by any other water supplier, the\ncommission shall deny the application and shall hold such further hearings and\nmake such further determinations as may in the circumstances be appropriate in the\ninterests of the public health, safety and general welfare.\n(4) Any order entered by the commission in connection with an application for creation\nof a water district or water association  shall be appealable to the Franklin Circuit\nCourt as provided by KRS 278.410.","path":["KRS Chapter 74"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=24359","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:34Z","sha256":"633ec8085c0ca5024357dc6467242c7303880bcf22287d04d8ff1b80c302af45","source_id":"us-ky","stale":false,"prev":"us-ky/krs-74.010","next":"us-ky/krs-74.015"},"notice":"GroundRules: Original legal text. Not legal advice."}