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

The legal and institutional obstacles to the development of small-scale hydroelectric power in Connecticut are discussed. The Federal government also exercises extensive regulatory authority in the area and this dual system is examined from the standpoint of the appropriate legal doctrine, the law o...

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Bibliographic Details
Main Author: None
Language:unknown
Published: 2014
Subjects:
USA
Online Access:http://www.osti.gov/servlets/purl/5167742
https://www.osti.gov/biblio/5167742
https://doi.org/10.2172/5167742
Description
Summary:The legal and institutional obstacles to the development of small-scale hydroelectric power in Connecticut are discussed. The Federal government also exercises extensive regulatory authority in the area and this dual system is examined 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. Connecticut follows the riparian theory of water law. Under this theory of the water law, private rights in rivers and streams are confined to the use of flowing water. A riparian proprietor does not own the water that flows by his estate. Licensing, permitting, and review procedures are discussed followed by discussion on public utilities regulation and indirect considerations.