2012 Vermont Statutes
Title 10 Conservation and Development
Chapter 41 REGULATION OF STREAM FLOW
§ 1003 Conference; recommendations

§ 1003. Conference; recommendations

Whenever, in the opinion of the department, it appears that the artificial regulation of stream flow as maintained by any person threatens the public interest or welfare or an emergency exists or is threatened, the department may call to conference the owner or owners of the dam causing the artificial regulation and other persons having an interest therein, for the purpose of seeking cooperation in altered regulation to minimize damage to the public interest under the policy of this chapter. As a result of the conference, the department may require action be taken by the person owning the dam with respect to the release of water as it may consider necessary and proper in the public interest, and shall issue findings of fact developed at the conference. For dams or diversions not licensed under 16 U.S.C. § 800, existing permits may be amended where those permits do not contain conditions with respect to minimum stream flow. For federally licensed facilities, the secretary may negotia

te the modification of stream flow, and if the secretary's recommendations are not agreed to, the secretary may petition the Federal Energy Regulatory Commission (FERC) for license amendments. (1965, No. 37, § 3; amended 1981, No. 222 (Adj. Sess.), § 24; 1987, No. 67, § 11.)