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Water Rights, The Public Trust Doctrine, And The Protection Of Instream Uses, Richard C. Ausness

Law Faculty Scholarly Articles

Our society uses water for a variety of productive purposes, including domestic, agricultural, mining, manufacturing, and energy development. Most of these uses require physical removal of water from watercourses or ground water aquifers. Water can also serve useful purposes, however, when it remains a lake or stream. Flowing water helps to maintain water quality and furthers other uses such as recreation, aesthetic values, and ecological interests—referred to as “instream uses.”

Large quantities of water must remain in place to safeguard instream uses. At the same time, the increasing demands of consumptive water users are significantly reducing streamflows and lake levels …

Surrogate Immunity: The Government Contract Defense And Products Liability, Richard C. Ausness

Law Faculty Scholarly Articles

The government contract defense is an affirmative defense that shields a manufacturer from liability if the product causing injury complied strictly with design specifications set forth in a government procurement contract. The defense was first used by public works contractors to bar claims against them for damage to land and other property. However, in recent years, product manufacturers have invoked the government contract defense to avoid liability to third parties for defectively designed products supplied to the government.

Despite widespread judicial acceptance of the government contract defense in products liability litigation, a number of issues are still being hotly debated. …

A Generalized Slope Stability Computer Program: User’S Guide For Hopk-I, Tommy C. Hopkins

Kentucky Transportation Center Research Report

Data entry and operation of a generalized slope stability computer program are described. The computer program is based on a new approach to formulating and solving the slope stability equilibrium equations. The moment equation as well as the horizontal and vertical equilibrium equations are considered in the model. The purpose of the study was to implement the new approach. The computer program may be used to compute the factor of safety of slip surfaces of arbitrary shape and circular slip surfaces. Effective stress and total stress conditions may be analyzed. Four options are available for computing pore pressures. Both piezometric …

Traffic Accident Rates In Kentucky (1984), Kenneth R. Agent

Kentucky Transportation Center Research Report

Average accident rates, using 1984 accident data only as well as combined 1980 through 1984 data, were calculated for Kentucky highways. Comparison of 1984 to combined 1980 through 1983 rates show the rates have remained stable. There was an increase in total accidents and total accident rate in 1984 compared to 1980 through 1983 data while there was a decrease in the fatal accident rate. Several methods of classifying highways were used when calculating average rates. Those rates may be used in the high-accident location identification program. Average and critical numbers of accidents also were determined for use in the …

Workshop On Roadway And Street Drainage, Ronald D. Hughes, David L. Allen

Kentucky Transportation Center Research Report

No abstract provided.

Introduction To Equine Law Symposium, Martha Layne Collins

Kentucky Law Journal

No abstract provided.

Horse Syndicates As Securities Under Blue Sky Laws, John Coleman Ayers

Kentucky Law Journal

No abstract provided.

Post-Discharge Failure To Warn: A New Theory Allowing Access To Ftca Recovery, Denise A. Garrison

Kentucky Law Journal

No abstract provided.

The Feasibility Of Draglines For Mine Reclamation, Mark Anderson

Kentucky Transportation Center Research Report

Draglines are presented in this paper as an alternative for mine reclamation in steep sloping areas. Some abandoned mines in steep sloping areas of Kentucky have unreclaimed slopes which pose safety problems, as well as environmental and aesthetic problems. In addition, many active mines in steep sloping areas of Kentucky have slopes which must be reclaimed in the near future. Current methods of slope reclamation in Kentucky typically involve traditional heavy equipment. The current methods are not cost efficient in some cases, and are not safe in some applications.

The paper includes a history of draglines. Early development is summarized, …

Estimation Of Equivalent Axleloads, John A. Deacon, Jerry G. Pigman, Jesse G. Mayes

Kentucky Transportation Center Research Report

The primary objective of this research study was to develop a procedure for estimating equivalent axle loads for purposes of flexible-pavement design. Maximum use was made of historical data and well-accepted procedures were used in developing the prediction model. A series of computer programs was developed to summarize truck-weight and classification data such that traffic characteristics could be estimated from a matrix of data classified by geographic area, Federal highway system, volume, and extent of coal haulage. An equation was developed with the following seven parameters as independent variables; 1) annual average daily traffic volume, 2) average fraction of trucks …

A Computerized Analysis Of Flexible Pavement Rutting Behavior (Pavrut), David L. Allen, Robert C. Deen

Kentucky Transportation Center Research Report

The behavior of asphalt-bound layers, unbound aggregate bases, and foundation soils (subgrades) may be affected by such variables as gradation, asphalt and (or) moisture contents, type of aggregate, density, method of compaction, temperature, magnitude and frequency of loading, duration of each load cycle, and other less significant variables. The complex interaction of all these variables yields a composite behavior for a particular pavement structure that could become manifest in some form of distress or even complete "failure."

Flexible pavements are susceptible to rutting. But it is not well known where and to what extent rutting takes place within a pavement …

Characterizing Soil Deformation By Direct Measurement Within The Profile, Randall K. Wood, Larry G. Wells

Biosystems and Agricultural Engineering Faculty Publications

A unique feature of the University of Kentucky soil bin enables deformation to be characterized by studying a cross-sectional soil profile grid pattern. Modular sections of the bin are laterally removed to expose the cross-section after passes of a pneumatic tire.

The measured displacements of the grid points were converted to values of volumetric strain and then compared to soil density as measured by a dual probe gamma-ray density gauge following tests at various soil conditions. Final soil bulk density determinations using the two methods were not statistically different..

Evaluation Of Stone Column Stabilized Embankment Foundation, Bobby W. Meade, David L. Allen

Kentucky Transportation Center Research Report

The purpose of this study was to document construction procedures, monitor field performance, and make recommendations concerning the effectiveness and future use of a foundation improvement procedure using stone columns for stabilization. This effort was executed by use of field inspections and photographs, instrumentation to monitor foundation and field responses and laboratory analyses of existing and possible conditions.

Instrumentation included earth pressure meters, a multipoint settlement gage, a horizontal slope inclinometer, a settlement platform and vertical slope inclinometers. Settlement of the foundation after column construction was found to be approximately 8 inches as compared to a predicted total settlement of …

Jefferson Freeway Investigation (Westbound Lanes), Herbert F. Southgate, Gary W. Sharpe, Theodore Hopwood Ii, James H. Havens, Mark Anderson, David Q. Hunsucker, Robert C. Deen

Kentucky Transportation Center Research Report

The Kentucky Transportation Research Program (KTRP) was retained to perform an investigation for the Kentucky Department of Highways to assess damage that may be attributed to passage of the Model 992C over portions of the Jefferson Freeway. KTRP investigators conducted visual surveys, performed Road Rater deflection tests, did in-place California Bearing Ratio (CBR) testing on subgrade materials, obtained pavement cores, and conducted laboratory tests and analyses.

It appeared the pavement was damaged by the front-end loader. No evidence of damage to the bridges attributable to the front-end loader was detected. Damage to the pavement attributable to passage of the front-end …

Suggested Changes To Kentucky Statutes (Vehicle Weights And Dimensions), Herbert F. Southgate, Robert C. Deen

Kentucky Transportation Center Research Report

The purposes of this report are: 1. To clearly define the terms ''tandem," "tridem," and “triaxle." 2. To clearly define the term "600 pounds per inch width of tire" as the "width of the tread in contact with the pavement." 3. To make the axle load limits the same throughout the statutes. 4. To suggest elimination of indentified discriminatory legislation. 5. To recommend additional legislation: a. to clearly define the purpose and use of "air-bag" suspension systems -- those that can be raised or lowered by the driver, and b. to enable vehicle weight enforcement officers to use shipping documents …

Southeastern Law Librarian Fall 1985, Seaall

Newsletters

No abstract provided.

Impact Evaluation Of The Traffic Alcohol Program In Lexington, Kentucky, Jerry G. Pigman, Kenneth R. Agent

Kentucky Transportation Center Research Report

This report is an evaluation of increased police enforcement to reduce alcohol-related accidents in Lexington-Fayette County, Kentucky. Three types of data were coIlected as a means of evaluating the Traffic Alcohol Program; accident data, arrest and adjudication data, and cost-effectiveness data.

Results from before-and-after comparisons and time-series analysis show alcohol related accidents decreased significantly during the study period. When comparing two years before with three years during the increased enforcement, the percent reduction in alcohol-related accidents was 28.1 percent using standard before and after analysis and 29.1 percent using time-series analysis. During the same time period, alcohol related fatal or …

A Survey Of The States On Problems Related To Bridge Approaches, David L. Allen

Kentucky Transportation Center Research Report

A questionnaire was sent to the states concerning problems with bridge approaches. Seven questions were included in the survey, including questions on the use of integral end bents and spread footers. This report summarizes the responses. Appendix A contains the detailed responses received, and Appendix B contains specifications and standard drawings used by some of the states.

Cultivating Attachment For Crop Harvester Support Vehicle, Larry D. Swetnam, James H. Casada, Linus R. Walton

Biosystems and Agricultural Engineering Faculty Patents

A cultivator for attachment to a crop harvester including at least one tool frame member with soil tilling tools adjustably mounted relative thereto. A shaft is provided rotatably mounted relative to a support frame of the crop harvester. An actuating member is operatively connected to the shaft and the support frame for selectively imparting rotation to the shaft. A link is operatively, pivotally connected between the tool frame member and the support frame for guiding the frame member and the soil tilling tools between a raised position out of engagement with a ground surface and a lowered position into engagement …

Traffic Trends And Their Relationship To Highway-Use Revenues, Jerry G. Pigman, Manouchehr Vaziri

Kentucky Transportation Center Research Report

With increasing concerns about the present level of highway funding, this study was initiated to investigate historical trends and to develop predictive methodologies for considering alternatives available for increasing highway revenues. Emphasis was placed on historical trends, and a data base of highway-related and socio-economic variables were prepared to document the relationship between these variables and highway-user revenues. A historical file of 37 variables was prepared for the period 1964 through 1984.

As a means of investigating future alternatives that will affect highway-user revenues, a series of nine equations or models were developed that represented historical data. Input data necessary …

Latex-Concrete Overlays On Bridge Decks (I64, Mp 150 To West Virginia Line), James H. Havens, Theodore Hopwood Ii

Kentucky Transportation Center Research Report

Visual field inspections and soundings were performed on latex concrete overlays on 24 bridges on I 64 between Milepoint 150 and the West Virginia state line. The inspections were conducted in response to a request from the Kentucky Department of Highways to determine if cracking problems in the overlays were related to workmanship or materials.

The field inspections revealed that most of the overlay crack problems were related to 1) reflection cracking caused by pre-existing fractures in underlying concrete bridge decks and 2) “pull-in” cracks in the overlay, caused by belated tyning of the bridge deck.

Field diaries, inspection reports, …

1985 Safety Belt And Child Safety Seat Usage Rates In Kentucky And Evaluation Of A Public Information Campaign, Kenneth R. Agent

Kentucky Transportation Center Research Report

Two objectives of the survey are summarized in this report. One was to establish 1985 safety belt and child safety seat usage rates in Kentucky and compare those to 1982, 1983, and 1984 rates. The other was to evaluate the effectiveness of public information campaigns as a means of increasing safety belt and safety seat usage rates.

Statewide usage rates in the 19 cities previously surveyed in 1982, 1983, and 1984 indicated that driver safety belt usage had increased to 9.2 percent in 1985 while the child safety seat and belt usage rate of 29.1 percent remained at the 1984 …

Demonstration And Preliminary Evaluation Of The Acoustic Emission Weld Monitor, Theodore Hopwood Ii, Robert C. Deen

Kentucky Transportation Center Research Report

This report describes the demonstration and preliminary evaluation of the microprocessor-based acoustic emission weld monitor (AEWM) developed for the Federal Highway Administration by GARD Inc. of Niles, IL. The equipment was tested successfully on butt welds in several fabrication shops by the Kentucky Transportation Research Program (KTRP). Some problems were encountered in monitoring fillet welds.

The AEWM was demonstrated to personnel from 20 state agencies representing FHWA Regions 1, 3, 4, and 5. The demonstrations were performed at three different fabrication shops in Pennsylvania, Georgia, and Wisconsin.

A preliminary evaluation of the AEWM is included. Also, the summary of a …

Evaluation Of Construction Zone Pavement Marking Materials, Kenneth R. Agent, Jerry G. Pigman

Kentucky Transportation Center Research Report

The objectives of this report were to evaluate all available foil-back and removable tapes as well as construction zone raised pavement markers and to recommend materials that should be included on approved lists for use by the Kentucky Department of Highways. The tapes were placed on transverse test sections and as lane lines and the reflectivity, durability, and appearance were observed. The markers were observed at test sections as well as at construction sites.

Lists of tapes to be included on the approved lists for foil-back and removable tapes were recommended. Tapes manufactured by 3M and Flex-0-Lite were included on …

Modeling Of Overland Flow By The Diffusion Wave Approach, Rao S. Govindaraju, S. E. Jones, M. L. Kavvas

KWRRI Research Reports

One of the major issues of present times, i.e. water quality degradation and a need for precise answers to transport of pollutants by overland flow, is addressed with special reference to the evaporator pits located adjacent to streams in the oil-producing regions of Eastern Kentucky. The practical shortcomings of the state-of-the-art kinematic wave are discussed and a new mathematical modeling-approach for overland flows using the more comprehensive diffusion wave is attempted as the first step in solving this problem. A Fourier series representation of the solution to the diffusion wave is adopted and found to perform well. The physically justified …

Development Of General Guidelines For The Planning Of Stormwater Management Facilities: Application To Urban Watersheds In Kentucky, Lindell E. Ormsbee, Vincent T. Reinert

KWRRI Research Reports

This report provides a planning methodology and a design tool to help determine the appropriate location and volume of detention basins required to control critical storm events. The technique involves using watershed characteristics including the SCS curve number, time of concentration, peak outflow rate, watershed area and the storage recurrence interval to help predict these detention volumes.

Historical rainfall records are used in a revised continuous simulation program (SYNOP, Hydroscience, Inc,) to determine the rainfall excess from which runoff hydrographs are produced. Various combinations of the watershed characteristics were input and computer analyses done to obtain the required data base. …

Guidelines For The Use Of Protected/Permissive Left-Turn Phasing, Kenneth R. Agent

Kentucky Transportation Center Research Report

The objective of this study was to develop guidelines that may be used to aid the traffic engineer in deciding whether protected/permissive (permissive) phasing is appropriate to use at a given location. An inventory identified 58 intersections in Kentucky where permissive phasing was used. Characteristics of these intersections were related to accident data to determine the effect permissive phasing has had on p.eft-turn and total accidents.

Left-turn accidents increased dramatically when permissive phasing replaced protected-only (exclusive) phasing and when it was used at approaches where the speed limit was over 45 mph. There were no substantial changes in left-turn and …

Biomass Gasifier Combustor, Frederick A. Payne

Biosystems and Agricultural Engineering Faculty Patents

The present invention is directed to a biomass gasifier combustor which operates by gasification and combustion of the biomass to produce a clean effluent gas which can be used directly for grain drying or other applications where thermal energy is required. The biomass gasifier combustor burns crop residue clean enough so that the combustion gases can be used directly for grain drying without the need for a heat exchanger to isolate the combustion gases from the drying air. The biomass gasifier combustor includes a screw feeder tube having a screw feeder disposed therein. The screw feeder forces the biomass into …

Storage Of Burley Tobacco In Bales And Bundles, Linus R. Walton, M. E. Casada, Joseph L. Taraba, James H. Casada, W. H. Henson Jr., Larry D. Swetnam

Biosystems and Agricultural Engineering Faculty Publications

Bales and bundles of burley tobacco were stored for seven months from spring to fall. Leaves darkened during storage at all moisture levels and stalk positions with the exception of the bottom stalk position, which darkened only slightly. There was no difference in color change and dry weight loss between burley tobacco in bales and bundles. Normal and high moisture bales and bundles were often graded as unsound because of a deviant odor caused by bacterial activity. A bale weight loss of about 8% occurred at normal moisture with the loss being divided evenly between moisture and dry weight losse.

Problem Identification For Highway Safety Plan, Jerry G. Pigman, Kenneth R. Agent

Kentucky Transportation Center Research Report

An annual highway safety program is proposed each year for the State of Kentucky in order to comply with Section 402, Title 23 of the United States Code. This program includes the identification, programming, budgeting, and evaluation of safety projects. This report is the sixth in a series of annual reports which have been prepared as the problem identification portion of Kentucky's Annual Highway Safety Plan.

In the past, the approach to problem identification has been to identify problem areas in the 18 highway safety program areas (standards). While the search for problems in each of these standard areas will …