151.700 Declaration of policy. - Kentucky Statutes

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151.700 Declaration of policy. (1) The General Assembly declares that based upon an implied contract between the Commonwealth and the United States government through the Secretary of the
United States Army and his predecessors, the validity of which is evidenced by over
one hundred (100) years of performance by the federal government, it is the
responsibility of the United States Army Corps of Engineers and the United States
Congress to operate and maintain the locks and dams on the Kentucky River and
therefore urges the Congress and the corps to provide the funds necessary to
properly maintain the locks and dams, the condition of which the General Assembly
finds is deteriorating. (2) The General Assembly recognizes the historic importance of the Kentucky River locks and dams in providing a source of clean water supply for several hundred
thousand citizens of the Commonwealth. Therefore, if the Congress and the corps
fail to fulfill their responsibility for the Kentucky River locks and dams as stated in
subsection (1) of this section and the Commonwealth thereby must assume
ownership of the locks and dams, it shall be the public policy of the Commonwealth
to protect the health and welfare of the citizens dependent upon this system of locks
and dams for their source of clean water, and to that end, the Commonwealth shall
provide for the proper maintenance of the Kentucky River locks and dams through
the Kentucky River Authority. It shall be the public policy of the Commonwealth
that should the United States Army Corps of Engineers and the United States
Congress fail to fulfill their responsibility to maintain and operate the Kentucky
River locks and dams, and should all efforts on the part of the Commonwealth fail
to force the corps and Congress to fulfill their responsibility, then the
Commonwealth shall assume ownership of all United States Army Corps of
Engineers property, both real and personal, on or adjacent to the Kentucky River
after ninety (90) days from the date on which the corps obtains final authority to
dispose of such property. During that ninety (90) day period, the Commonwealth
shall publish legal notice of its intention to assume ownership of the property. Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 295, sec. 1, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 383, sec. 1, effective July 15, 1986.