Legal obstacles and incentives to the development of small scale hydroelectric potential in Wisconsin

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

DOI:https://doi.org/10.2172/5167790· OSTI ID:5167790

The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level are discussed. The Federal government also exercises extensive regulatory in the area, and the dual regulatory system from the standpoint of the appropriate legal doctrine, the law of pre-emption, application of the law to the case of hydroelectric development, and an inquiry into the practical use of the doctrine by the FERC is examined. The initial obstacle that all developers confront in Wisconsin is obtaining the authority to utilize the bed, banks, and flowing water at a proposed dam site. This involves a determination of ownership of the stream banks and bed and the manner of obtaining either their title or use; and existing constraints with regard to the use of the water. Wisconsin follows the riparian theory of water law.

• Research Organization: Energy Law Inst., Concord, NH (USA). Franklin Pierce Law Center
• Sponsoring Organization: USDOE
• DOE Contract Number: AS02-78RA04934
• OSTI ID: 5167790
• Report Number(s): DOE/RA/04934-19
• 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)
CONSTRUCTION
DAMS
EMINENT DOMAIN
ENERGY SOURCE DEVELOPMENT
FINANCIAL INCENTIVES
GOVERNMENT POLICIES
GRANTS
GREAT LAKES REGION
HYDROELECTRIC POWER PLANTS
LEGAL ASPECTS
LEGAL INCENTIVES
LICENSING
LOW-HEAD HYDROELECTRIC POWER PLANTS
NORTH AMERICA
OWNERSHIP
POWER PLANTS
PROPERTY RIGHTS
REGULATIONS
RESOURCES
USA
WATER RESOURCES
WATER RIGHTS
WISCONSIN