Legal obstacles and incentives to the development of small scale hydroelectric power in Delaware

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

DOI:https://doi.org/10.2172/5171275· OSTI ID:5171275

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 authority 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. In Delaware, a watercourse is not to be confused with surface water. Each gives rise to certain riparian rights, but the law makes certain distinctions between the two. The presence of both surface waters and watercourses give rise to private and public rights related to the presence of the water. Some of these rights are vested in riparian owners. Recent Delaware case law has described the riparian owner as one who owns land on the bank of a river, or who is owner of land along, bordering upon, bounded by, fronting upon, abutting, or adjacent and contiguous to and in contact with a river. But, ownership of the bank does not give the riparian ownership of the water. Some law cases are cited to discuss the laws in Delaware.

• Research Organization: Energy Law Inst., Concord, NH (USA). Franklin Pierce Law Center
• Sponsoring Organization: USDOE
• DOE Contract Number: AS02-78RA04934
• OSTI ID: 5171275
• Report Number(s): DOE/RA/04934-13
• 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)
CENTRAL REGION
CONSTRUCTION
DAMS
DELAWARE
EMINENT DOMAIN
ENERGY SOURCE DEVELOPMENT
FINANCIAL INCENTIVES
GOVERNMENT POLICIES
GRANTS
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