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

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

DOI:https://doi.org/10.2172/6818336· OSTI ID:6818336

The legal and institutional obstacles to the development of small-scale hydroelectric energy in Virginia are described. The state regulatory system does not comprise final authority; the Federal government also exercises extensive regulatory authority in the area. This dual system is a function of the federalist nature of our government. The introductory section examines the dual 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 inquires into the practical use of the doctrine by the FERC. The use of a natural-surface watercourse in Virginia is governed generally by the doctrine of riparian rights. Riparian rights is a system of water rights based on ownership of land bordering on a natural stream or watercourse. For land to be considered riparian to a stream, that land must be located on the watershed of that portion of the stream. The theory of riparian rights followed in Virginia is one of reasonable use. Under the reasonable-use doctrine, each riparian owner has an equal right to the reasonable use of the water running naturally through or by his land for any useful purpose. The water must continue to run after such use without material diminution or alteration and without pollution.

• Research Organization: Franklin Pierce Law Center, Concord, NH (USA). Energy Law Inst.
• Sponsoring Organization: USDOE
• DOE Contract Number: AS02-78RA04934
• OSTI ID: 6818336
• Report Number(s): DOE/RA/04934-15
• Country of Publication: United States
• Language: English

Related Subjects

13 HYDRO ENERGY
130400* -- Hydro Energy-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
293000 -- Energy Planning & Policy-- Policy
Legislation
& Regulation
296001 -- Energy Planning & Policy-- Electric Power Generation-- (-1989)
CENTRAL REGION
ENVIRONMENTAL EFFECTS
FINANCIAL INCENTIVES
HYDROELECTRIC POWER PLANTS
LEGAL ASPECTS
LOW-HEAD HYDROELECTRIC POWER PLANTS
NORTH AMERICA
OWNERSHIP
POWER PLANTS
REGULATIONS
SURFACE WATERS
TAXES
USA
VIRGINIA
WATER RIGHTS