Request By:
Mr. J. Wirt Turner, Jr.
Turner, Jones & Cox
Attorneys at Law
New Castle, Kentucky 40050
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: David K. Martin, Assistant Attorney General
In Re: Little Kentucky River Watershed Conservancy District
On behalf of the above-referenced watershed conservancy district, you inquired as to the authority of the district to employ engineers for the purpose of determining whether a specific proposed regional garbage disposal landfill will pollute the water of the watershed so as to interfere with existing water uses. You also inquired as to the district's authority to employ such engineers for the purpose of testifying as expert witnesses concerning this matter in anticipated legal proceedings.
It is doubtful that watershed conservancy districts have such authority. KRS 262.700 through 262.990 focuses on rather narrow purposes related to the administration, construction, operation and maintenance of works of improvement within the district and the assessments required to support such activities.
On the other hand, the powers of the parent soil and water conservation district are broader in scope. KRS 262.020 states the many purposes of a soil and water conservation district, including ". . . the avoidance and abatement of sedimentation and pollution in streams and other bodies of water, . . ." This authority appears to cover the contemplated activities the watershed conservancy district wished to undertake. Accordingly, the Soil Conservation District for Trimble and Henry Counties appears to be in a better position to undertake such activities than the watershed conservancy district is from the standpoint of statutory authority.