2012 Vermont Statutes
Title 10 Conservation and Development
Chapter 41 REGULATION OF STREAM FLOW
§ 1004 State's agent

§ 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 court. 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

service board or the relations of that board to the Federal Energy Regulatory Commission as set forth in the Federal Power Act respecting water used for the development of hydro-electric power or projects incident to the generation of electric energy for public use as part of a public utility system. (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; No. 76, § 18; 1991, No. 81, § 1; 2003, No. 115 (Adj. Sess.), § 19, eff. Jan. 31, 2005.)