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A Proposed Revision Of Kentucky's Water Rights Legislation, Richard Ausness

KWRRI Research Reports

Kentucky's present system of water law consists of a statutory water withdrawal permit system superimposed upon a body of common-law water rights doctrine. The rights of water users are often uncertain under this system, particularly in periods of water shortage. The proposed revision of Kentucky's existing water rights legislation, would greatly reduce the significance of common-law water rights and would remedy some of the weaknesses in the present statute.

Part 1 of the proposed statute establishes an administrative structure; Part 2 deals with water withdrawal permits; Part 3 retains the present statute's provisions on the regulation of dams and impoundments, …