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

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

DOI:https://doi.org/10.2172/5232971· OSTI ID:5232971

The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level are described. The Federal government also exercises extensive regulatory authority in the area. The introductory section examines 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 the hydroelectric development, and concludes with an inquiry into the practical use of the doctrine by the FERC. The first obstacle which every developer in Illinois must confront is obtaining authority to utilize the river bed, banks, and flowing water at the proposed site. This involves 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. Illinois follows the riparian theory of water law. Following the detailed discussion of the water law, direct and indirect regulations and financial considerations are discussed.

• Research Organization: Energy Law Inst., Concord, NH (USA). Franklin Pierce Law Center
• Sponsoring Organization: USDOE
• DOE Contract Number: AS02-78RA04934
• OSTI ID: 5232971
• Report Number(s): DOE/RA/04934-09
• 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)
FINANCIAL INCENTIVES
GOVERNMENT POLICIES
GREAT LAKES REGION
HYDROELECTRIC POWER PLANTS
ILLINOIS
INSTITUTIONAL FACTORS
LAWS
LEGAL ASPECTS
LOW-HEAD HYDROELECTRIC POWER PLANTS
NORTH AMERICA
OWNERSHIP
POWER PLANTS
REGULATIONS
STATE GOVERNMENT
USA
WATER RIGHTS