Analysis of legal obstacles and incentives to the development of low-head hydroelectric power in Maine

Technical Report · Thu May 01 04:00:00 EDT 1980

DOI:https://doi.org/10.2172/5167786· OSTI ID:5167786

The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level in Maine is discussed. The Federal government also exercises extensive regulatory authority in the area. The dual regulatory system is examined. The first step any developer of small-scale hydropower must take is to acquire right, title, or interest in the real property. In Maine, that step requires acquisition in some form of both river banks, the river bed, and where necessary, the land needed for the upstream impoundment area. The developer must acquire the river banks to be considered a riparian owner. Classification as a riparian is important, for only a use of water by a riparian owner is deemed a reasonable use and hence a legal use. A non-riparian could not draw water from a stream to increase the water level of an impoundment area on another stream. Apart from the usual methods of land acquisition involving sale, lease, or perhaps gift, Maine has two somewhat unique methods a developer may use for property acquisition. These methods, authorized by statute, are use of the abandoned dams law and use of the Mill Dam Act for flowage of upstream impoundment areas.

• Research Organization: Energy Law Inst., Concord, NH (USA). Franklin Pierce Law Center
• Sponsoring Organization: USDOE
• DOE Contract Number: AS02-78RA04934
• OSTI ID: 5167786
• Report Number(s): DOE/RA/04934-20
• Country of Publication: United States
• Language: English

Related Subjects

13 HYDRO ENERGY
130400* -- Hydro Energy-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
296001 -- Energy Planning & Policy-- Electric Power Generation-- (-1989)
DAMS
ENERGY SOURCE DEVELOPMENT
FINANCIAL INCENTIVES
GOVERNMENT POLICIES
HYDROELECTRIC POWER PLANTS
INSTITUTIONAL FACTORS
LAND USE
LEGAL ASPECTS
LOW-HEAD HYDROELECTRIC POWER PLANTS
MAINE
NORTH AMERICA
NORTH ATLANTIC REGION
OWNERSHIP
POWER PLANTS
REGULATIONS
STATE GOVERNMENT
USA
WATER RIGHTS