Analysis of legal obstacles and incentives to the development of low-head hydroelectric power in Maine
The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level in Maine is discussed. The Federal government also exercises extensive regulatory authority in the area. The dual regulatory system is examined. The first step any developer of small-scale...
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ftosti:oai:osti.gov:5167786 2023-07-30T04:05:30+02:00 Analysis of legal obstacles and incentives to the development of low-head hydroelectric power in Maine None 2014-05-12 application/pdf http://www.osti.gov/servlets/purl/5167786 https://www.osti.gov/biblio/5167786 https://doi.org/10.2172/5167786 unknown http://www.osti.gov/servlets/purl/5167786 https://www.osti.gov/biblio/5167786 https://doi.org/10.2172/5167786 doi:10.2172/5167786 13 HYDRO ENERGY 29 ENERGY PLANNING POLICY AND ECONOMY LOW-HEAD HYDROELECTRIC POWER PLANTS LAND USE LEGAL ASPECTS REGULATIONS MAINE DAMS ENERGY SOURCE DEVELOPMENT FINANCIAL INCENTIVES GOVERNMENT POLICIES INSTITUTIONAL FACTORS OWNERSHIP STATE GOVERNMENT WATER RIGHTS HYDROELECTRIC POWER PLANTS NORTH AMERICA NORTH ATLANTIC REGION POWER PLANTS USA 2014 ftosti https://doi.org/10.2172/5167786 2023-07-11T10:37:10Z The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level in Maine is discussed. The Federal government also exercises extensive regulatory authority in the area. The dual regulatory system is examined. The first step any developer of small-scale hydropower must take is to acquire right, title, or interest in the real property. In Maine, that step requires acquisition in some form of both river banks, the river bed, and where necessary, the land needed for the upstream impoundment area. The developer must acquire the river banks to be considered a riparian owner. Classification as a riparian is important, for only a use of water by a riparian owner is deemed a reasonable use and hence a legal use. A non-riparian could not draw water from a stream to increase the water level of an impoundment area on another stream. Apart from the usual methods of land acquisition involving sale, lease, or perhaps gift, Maine has two somewhat unique methods a developer may use for property acquisition. These methods, authorized by statute, are use of the abandoned dams law and use of the Mill Dam Act for flowage of upstream impoundment areas. Other/Unknown Material North Atlantic SciTec Connect (Office of Scientific and Technical Information - OSTI, U.S. Department of Energy) Low Head ENVELOPE(-58.133,-58.133,-62.150,-62.150) |
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SciTec Connect (Office of Scientific and Technical Information - OSTI, U.S. Department of Energy) |
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13 HYDRO ENERGY 29 ENERGY PLANNING POLICY AND ECONOMY LOW-HEAD HYDROELECTRIC POWER PLANTS LAND USE LEGAL ASPECTS REGULATIONS MAINE DAMS ENERGY SOURCE DEVELOPMENT FINANCIAL INCENTIVES GOVERNMENT POLICIES INSTITUTIONAL FACTORS OWNERSHIP STATE GOVERNMENT WATER RIGHTS HYDROELECTRIC POWER PLANTS NORTH AMERICA NORTH ATLANTIC REGION POWER PLANTS USA |
spellingShingle |
13 HYDRO ENERGY 29 ENERGY PLANNING POLICY AND ECONOMY LOW-HEAD HYDROELECTRIC POWER PLANTS LAND USE LEGAL ASPECTS REGULATIONS MAINE DAMS ENERGY SOURCE DEVELOPMENT FINANCIAL INCENTIVES GOVERNMENT POLICIES INSTITUTIONAL FACTORS OWNERSHIP STATE GOVERNMENT WATER RIGHTS HYDROELECTRIC POWER PLANTS NORTH AMERICA NORTH ATLANTIC REGION POWER PLANTS USA None Analysis of legal obstacles and incentives to the development of low-head hydroelectric power in Maine |
topic_facet |
13 HYDRO ENERGY 29 ENERGY PLANNING POLICY AND ECONOMY LOW-HEAD HYDROELECTRIC POWER PLANTS LAND USE LEGAL ASPECTS REGULATIONS MAINE DAMS ENERGY SOURCE DEVELOPMENT FINANCIAL INCENTIVES GOVERNMENT POLICIES INSTITUTIONAL FACTORS OWNERSHIP STATE GOVERNMENT WATER RIGHTS HYDROELECTRIC POWER PLANTS NORTH AMERICA NORTH ATLANTIC REGION POWER PLANTS USA |
description |
The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level in Maine is discussed. The Federal government also exercises extensive regulatory authority in the area. The dual regulatory system is examined. The first step any developer of small-scale hydropower must take is to acquire right, title, or interest in the real property. In Maine, that step requires acquisition in some form of both river banks, the river bed, and where necessary, the land needed for the upstream impoundment area. The developer must acquire the river banks to be considered a riparian owner. Classification as a riparian is important, for only a use of water by a riparian owner is deemed a reasonable use and hence a legal use. A non-riparian could not draw water from a stream to increase the water level of an impoundment area on another stream. Apart from the usual methods of land acquisition involving sale, lease, or perhaps gift, Maine has two somewhat unique methods a developer may use for property acquisition. These methods, authorized by statute, are use of the abandoned dams law and use of the Mill Dam Act for flowage of upstream impoundment areas. |
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author_facet |
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title |
Analysis of legal obstacles and incentives to the development of low-head hydroelectric power in Maine |
title_short |
Analysis of legal obstacles and incentives to the development of low-head hydroelectric power in Maine |
title_full |
Analysis of legal obstacles and incentives to the development of low-head hydroelectric power in Maine |
title_fullStr |
Analysis of legal obstacles and incentives to the development of low-head hydroelectric power in Maine |
title_full_unstemmed |
Analysis of legal obstacles and incentives to the development of low-head hydroelectric power in Maine |
title_sort |
analysis of legal obstacles and incentives to the development of low-head hydroelectric power in maine |
publishDate |
2014 |
url |
http://www.osti.gov/servlets/purl/5167786 https://www.osti.gov/biblio/5167786 https://doi.org/10.2172/5167786 |
long_lat |
ENVELOPE(-58.133,-58.133,-62.150,-62.150) |
geographic |
Low Head |
geographic_facet |
Low Head |
genre |
North Atlantic |
genre_facet |
North Atlantic |
op_relation |
http://www.osti.gov/servlets/purl/5167786 https://www.osti.gov/biblio/5167786 https://doi.org/10.2172/5167786 doi:10.2172/5167786 |
op_doi |
https://doi.org/10.2172/5167786 |
_version_ |
1772817470593171456 |