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

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

DOI:https://doi.org/10.2172/5287674· OSTI ID:5287674

The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level in Vermont are discussed. The dual regulatory system involving state and Federal governments is discussed followed by discussions on property interests; direct regulation by the Public Service Board; indirect regulation; and financial considerations. An initial step required of any developer is that of real property acquisition. Ordinarily this involves acquiring the stream bed, land along the stream banks, and land needed for the impoundment reservoir. Ownership of land along the stream banks places the developer in the position of a riparian owner. This status is important in that only riparian owners are entitled to a reasonable use of the flowing water. In addition to acquisition by sale, lease, or gift, Vermont law allows certain developers to acquire property via eminent domain. Some general rules which have evolved as riparian law and applied in Vermont are discussed.

• Research Organization: Energy Law Inst., Concord, NH (USA). Franklin Pierce Law Center
• Sponsoring Organization: USDOE
• DOE Contract Number: AS02-78RA04934
• OSTI ID: 5287674
• Report Number(s): DOE/RA/04934-21
• 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)
EMINENT DOMAIN
ENERGY SOURCE DEVELOPMENT
FINANCIAL INCENTIVES
GOVERNMENT POLICIES
HYDROELECTRIC POWER PLANTS
LAND USE
LAWS
LEGAL ASPECTS
LOW-HEAD HYDROELECTRIC POWER PLANTS
NATIONAL ENERGY ACT
NORTH AMERICA
NORTH ATLANTIC REGION
POWER PLANTS
PUBLIC UTILITY REGULATORY POLICIES ACT
REGULATIONS
STATE GOVERNMENT
USA
VERMONT
WATER RIGHTS