The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
001
:
GENERAL PROVISIONS
(Cite as: 10 V.S.A. § 1004)
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§ 1004. State’s agent
The Secretary shall be the agent to coordinate the State interest before the Federal
Energy Regulatory Commission in all matters involving water quality and regulation
or control of natural stream flow through the use of dams situated on streams within
the boundaries of the State, and it shall advise the Federal Energy Regulatory Commission
of the amount of flow considered necessary in each stream under consideration. The
Agency of Natural Resources shall be the certifying agency of the State for purposes
of Section 401 of the federal Clean Water Act and the Secretary’s determinations on
these certifications shall be final action by the Secretary appealable to the Environmental
Division. The Secretary shall be the agent of the State and shall represent the State’s
interest under the provisions of the Federal Power Act, including those that protect
State-designated outstanding resource waters. However, the Secretary’s authority shall
not infringe upon the powers and duties of the Public Utility Commission or the relations
of that Commission to the Federal Energy Regulatory Commission as set forth in the
Federal Power Act respecting water used for the development of hydroelectric power
or projects incident to the generation of electric energy for public use as part of
a public utility system. (Added 1965, No. 37, § 4; amended 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 3, eff. April 27, 1984; 1987, No. 67, § 12; 1987, No. 76, § 18; 1991, No. 81, § 1; 2003, No. 115 (Adj. Sess.), § 19, eff. Jan. 31, 2005.)