Legal obstacles and incentives to the development of small scale hydroelectric power in New Hampshire
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 and the dual regulatory system from the standpoint of the appropriate legal doctrine, the la...
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2014
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| Online Access: | http://www.osti.gov/servlets/purl/5211269 https://www.osti.gov/biblio/5211269 https://doi.org/10.2172/5211269 |
| Summary: | 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 and 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 hydroelectric development, and an inquiry into the practical use of the doctrine by the FERC is examined. The first step any developer must take is that of acquiring the real estate parcel. The step involves acquisition in some manner 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 legal. Apart from acquisition by sale, lease, or gift, New Hampshire law permits a number of other methods. In part use of these methods will depend on whether the developer is the state, a municipality, a private corporation, or a public utility. Provided the developer avails himself of the five (5) megawatts exemption, his main regulatory agency will be the Water Resources Board. However, the state is not free from the problems of legal uncertainty inherent in determinations of reasonableness. |
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