Request By:
Mr. Everett Prather
U.S. 68, Route 1
Lexington, Kentucky
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of February 29 in which you relate that you are a customer of Lexington-South Elkhorn Water District which was originally formed in the south end of Fayette County. After the district was created a large area of Jessamine County was annexed to the district and subsequently a large portion of the district's area in Fayette County was deleted from the district. As a consequence, the district is composed of parts of two counties. Under the circumstances, you raise the following question:
"Is a resident of the original district territory, which territory is no longer in the district, eligible to be a commissioner of KRS 74.020 (B) which provides in part 'in two county districts, three members from the original district and two members from the extended portion of the district'?"
Our response to your question would be in the negative. We refer to KRS 74.020 (1) (b) from which we quote the following excerpt:
". . . if a district formed in a single county extends its area to include territory in an adjacent county as provided by KRS 74.115, the board of commissioners shall be appointed by the county judges/executive with the approval of the fiscal courts of the concerned counties as follows: in two (2) county districts, three (3) members from the original district and two (2) members from the extended portion of the district. . . ." (Emphasis added).
From reading the above underlined phrase, we believe the legislative intent is that the three (3) members from the original district must reside within the district. The term "original" as used would appear to mean the originating district as distinguished from the district as it was originally formed. The word "original" was used to distinguish between the county in which the district originated and the county into which its boundaries were extended.
We believe your confusion probably originates from the provision of subsection (1) (a) which applies solely to a water district lying entirely within a single county. This subsection authorizes three (3) members to be selected from either residents of the district or from any incorporated or unincorporated areas served by the district within the county in which the district was originally established.
Under the circumstances, you, a former resident of the original district but still a customer of the district, would not be qualified to serve on the water district commission where it is composed of parts of two (2) counties.