The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 041 : Regulation of Stream Flow

Subchapter 001 : General Provisions

• § 1002. Definitions

  As used in this chapter:

  (1) “Artificial regulation of stream flow” means the intermittent or periodic manipulation of water levels and the intermittent or periodic regulation of discharge of water into the stream below the dam.

  (2) “Banks” means that land area immediately adjacent to the bed of the stream, which is essential in maintaining the integrity thereof.

  (3) “Basin” means the third-level, six-digit unit of the hydrologic unit hierarchy as defined by the U.S. Geological Survey (USGS), Federal Standards and Procedures for the National Watershed Boundary Dataset, Chapter 3 of Section A, Book 11. “Basin” is also referred to as “Hydrologic Unit Code 6” or “HUC-6”.

  (4) “Bed” means the maximum area covered by waters of the stream for not less than 15 consecutive days in one year.

  (5) “Berm” means a linear fill of earthen material on or adjacent to the bank of a watercourse that constrains waters from entering a flood hazard area or river corridor, as those terms are defined in subdivisions 752(3) and (11) of this title.

  (6) “Board” means the Natural Resources Board.

  (7) “Capacity” means the maximum volume of water capable of being withdrawn by the water withdrawal system.

  (8) “Cross section” means the entire channel to the top of the banks.

  (9) “Dam” applies to any artificial structure on a stream, or at the outlet of a pond or lake, that is utilized for holding back water by ponding or storage together with any penstock, flume, piping, or other facility for transmitting water downstream to a point of discharge, or for diverting water from the natural watercourse to another point for utilization or storage.

  (10) “Department” means the Department of Environmental Conservation.

  (11) “Existing surface withdrawal” means a surface water withdrawal that exists prior to January 1, 2023.

  (12) “Frequency” means how often water will be withdrawn from a surface water over a period of time.

  (13) “Instream material” means:

  (A) all gradations of sediment from silt to boulders;

  (B) ledge rock; or

  (C) large woody debris in the bed of a watercourse or within the banks of a watercourse.

  (14) “Interbasin transfer” means the conveyance of surface water withdrawn from a basin for use in another basin.

  (15) “Large woody debris” means any piece of wood within a watercourse with a diameter of 10 or more inches and a length of 10 or more feet that is detached from the soil where it grew.

  (16) “Person” means any individual; partnership; company; corporation; association; unincorporated association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity.

  (17) “Rate of withdrawal” means the volume of surface water that is withdrawn over a period of time, as reported in gallons per minute.

  (18) “Reasonable and feasible” means available and capable of being implemented after consideration of cost, existing technology, logistics in light of the overall project purpose, environmental impact, and ability to obtain all necessary approvals for implementation.

  (19) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

  (20) “Surface water” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, and all bodies of surface waters that are contained within, flow through, or border upon the State or any portion of it. “Surface water” does not include the following:

  (A) groundwater as defined in section 1391 of this title;

  (B) artificial waterbodies as defined under section 29A-101(d) of the Vermont Water Quality Standards;

  (C) treatment ponds, lagoons, or wetlands created solely to meet the requirements of a permit issued for a discharge; and

  (D) constructed off-stream farm ponds or other off-stream impoundments that are used for irrigation for farming or watering of livestock.

  (21) “Vermont Water Quality Standards” means the standards adopted pursuant to chapter 47 and subsection 6025(b) of this title.

  (22) “Watercourse” means any perennial stream. “Watercourse” does not include ditches or other constructed channels primarily associated with land drainage or water conveyance through or around private or public infrastructure.

  (23) “Watershed” means a region containing waters that drain into a particular brook, stream, river, or other body of water.

  (24) “Withdrawal” means the intentional diversion from a surface water by pumping, gravity, or other method for the purpose of being used for irrigation, industrial uses, snowmaking, livestock watering, water supply, aquaculture, or other off-stream uses. “Withdrawal” does not include hydroelectric projects that are regulated by the Federal Energy Regulatory Commission or the Public Utility Commission. “Withdrawal” does not include direct consumption of surface water by livestock. (Added 1965, No. 37, § 2; amended 1975, No. 150 (Adj. Sess.), § 1; 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 9, eff. April 27, 1984; 1987, No. 67, § 10; 1987, No. 76, § 18; 1997, No. 106 (Adj. Sess.), § 1, eff. April 27, 1998; 2003, No. 115 (Adj. Sess.), § 18, eff. Jan. 31, 2005; 2009, No. 110 (Adj. Sess.), § 13, eff. March 31, 2011; 2011, No. 138 (Adj. Sess.), § 2, eff. May 14, 2012; 2021, No. 135 (Adj. Sess.), § 1, eff. July 1, 2022.)