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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 10 : Conservation and Development

Chapter 041 : REGULATION OF STREAM FLOW

Subchapter 001 : GENERAL PROVISIONS

(Cite as: 10 V.S.A. § 1004)
  • § 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.)