Legal obstacles and incentives to the development of small-scale hydroelectric power in Rhode Island

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

DOI:https://doi.org/10.2172/5232958· OSTI ID:5232958

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 Rhode Island, any private rights in the flowing waters of a river or stream depend upon ownership of the abutting land. It appears Rhode Island follows the reasonable use theory of riparian law. The Department of Environmental Management is the most significant administrative agency with regard to dam construction, alteration, and operation in the state of Rhode Island.

• Research Organization: Energy Law Inst., Concord, NH (USA). Franklin Pierce Law Center
• Sponsoring Organization: USDOE
• DOE Contract Number: AS02-78RA04934
• OSTI ID: 5232958
• Report Number(s): DOE/RA/04934-11
• 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
HYDROELECTRIC POWER PLANTS
LEGAL ASPECTS
LEGAL INCENTIVES
LICENSING
LOW-HEAD HYDROELECTRIC POWER PLANTS
NORTH AMERICA
NORTH ATLANTIC REGION
OWNERSHIP
POWER PLANTS
PROPERTY RIGHTS
REGULATIONS
RESOURCES
RHODE ISLAND
USA
WATER RESOURCES
WATER RIGHTS