LOUISVILLE, Ky. — A bill that would change how Kentucky waterways are defined is drawing strong opposition from a handful of environmental organizations. 


What You Need To Know

  • Senate Bill 89 would change the definition of water in Kentucky to align with the federal government's definition 

  • The Kentucky Waterways Alliance said the bill threatens drinking waters, flood protection and recreation

  • The bill has been passed by the Kentucky Senate and is now with the House

The Kentucky Waterways Alliance said Senate Bill 89, which changes the definition of “water” or “waters of the commonwealth” to match the federal government’s definition, threatens drinking water, flood protection and recreation. The nonprofit has been protecting and celebrating Kentucky water since 1993.

“This is like saying that our Kentucky cops would only have jurisdiction over the interstates,” said Michael Washburn, the executive director of Kentucky Waterways Alliance. “They wouldn’t have any ability to enforce regulation on county roads or two-lane streets or these roads right here through Cherokee Park.” 

By aligning the Kentucky definition with the federal code, Washburn said, the groundwater supply, where about 1.5 million Kentuckians get their drinking water from according to the University of Kentucky, could be at risk.

“I mean, just imagine the implications of not having any permitting control over the groundwater supplies that more than a million people use for their drinking water,” he said.

The bill could increase the risk of flooding because, Washburn said, wetlands and headwater streams would lose protections.

“What you’re going to run the risk of is development on places that are nature’s flood barriers or basically flood absorption mechanisms,” Washburn said.

Republican lawmakers said they are introducing the bill to give businesses in the mining industry clarity they need to do the right thing. The bill, introduced by State Sen. Scott Madon, R-Pineville, has already passed the Senate and now sits in the House’s Natural Resources and Energy committee.

“We’re hoping that something happens to stop SB 89 from becoming the reality of the state and doing some damage that we don’t think can really be undone and probably in our lifetimes,” Washburn said.

The bill has not yet been scheduled for a committee vote.

The University of Louisville said Kentucky has more miles of running water than any other state except Alaska.