How is water rights ownership evaluated?

Water rights ownership in Kentucky is evaluated based on the principle of reasonable use. This states that water resources can be used by a person or company as long as it does not adversely affect the environment or the rights of other people who use the same water source. To evaluate the ownership of water rights, the Kentucky Department of Water Resources considers factors such as the size of the water source, the amount of use, and the potential for harm to other water users. The department also looks at existing water rights, historical water use, and special conditions or designations that may affect individual water sources. To determine if a water user has reasonable use of water, the department will consider the impact to the environment, the impact to other water users, and the intent of the user. A water source can be designated as private or public depending on its use. Private water rights are held by individuals or entities and are exclusive to the holder. Private water rights may be transferred, transferred with conditions, or conditional water rights may be created. Public water rights are owned by the state of Kentucky and are available to all water users. In order to protect water resources, Kentucky upholds the doctrine of Environmental Flow and Riparian Rights. This states that water should be allocated to maintain sufficient flows for the environment and preserve riparian (stream-side) habitats. These principles are important for preserving water resources and ensuring resources are shared and protected for both users and the environment.

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