Kentucky River Auth. v. City of Danville

OPINION

EMBERTON, Judge.

The appellants, Kentucky River Authority and its members, appeal from a judgment entered by the Boyle Circuit Court holding that the appellee, City of Danville, received no benefit from the Authority, and therefore, the Authority is. constitutionally precluded from collecting water use fees from Danville.

The controversy in this case arises from the Authority’s interpretation of its enabling statute Ky.Rev.Stat. (KRS) 151.720, which was enacted in response to continuing problems and potential depletion of a valued natural resource, the Kentucky River. In 1990, the…