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

• Main Author: None
• Language: unknown
• Published: 2014
• Subjects: 13 HYDRO ENERGY; 29 ENERGY PLANNING; POLICY AND ECONOMY; LOW-HEAD HYDROELECTRIC POWER PLANTS; LEGAL ASPECTS; REGULATIONS; VERMONT; EMINENT DOMAIN; ENERGY SOURCE DEVELOPMENT; FINANCIAL INCENTIVES; GOVERNMENT POLICIES; LAND USE; PUBLIC UTILITY REGULATORY POLICIES ACT; STATE GOVERNMENT; WATER RIGHTS; HYDROELECTRIC POWER PLANTS; LAWS; NATIONAL ENERGY ACT; NORTH AMERICA; NORTH ATLANTIC REGION; POWER PLANTS; USA; Low Head; North Atlantic
• Online Access: http://www.osti.gov/servlets/purl/5287674; https://www.osti.gov/biblio/5287674; https://doi.org/10.2172/5287674

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.