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Show Chapter 45. VERMONT CONTENTS Page 1. Development of Vermont Water Law__________________________ 735 2. State Organizational Structure for Water Administration and Control- 736 2.1 Administration of Water Rights_______________________ 736 2.2 Resolution of Water Use Conflicts_____________________ 736 2.3 Other Agencies Having Water Resource Responsibilities____ 736 3. Surface Waters____________________________________________ 739 3.1 Method of Acquiring Rights__________________________ 739 3.2 Nature and Limit of Rights__________________________ 739 3.3 Changes, Sales, and Transfers________________________ 740 3.4 Loss of Rights____________________________________ 741 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 741 3.6 Springs.......____________________________________ 741 3.7 Diffused Surface Waters_____________________________ 742 4. Ground Water____________________________________________ 742 Publications Available________________________________________ 743 DISCUSSION 1. Development of Vermont Water Law Vermont is a riparian rights State, located in an area of abundant rainfall and original water supply. Public and private waters are distinguished on the basis of navigability in fact, and public waters are held in public trust by the State and managed m the public interest.1 Because of the generally abundant water supply, water right matters have not received extensive attention by either the courts or the legislature. However, when water use conflicts have arisen, the Vermont Supreme Court has applied the doctrine of riparian rights as the basic water law of the State, allowing each riparian owner to make a reasonable use of the water in the water- course.2 With respect to ground water, Vermont adheres to the com- mon law doctrine of absolute ownership of percolating water by the owner of the soil;3 but, if it can be demonstrated that the under- ground source is water in a definite underground channel, then it is subject to the same rules of reasonable use which apply to surface waters in a watercourse.4 Legislation in Vermont dealing with water resources is very lim- ited, and the aim of present statutes seems to be to inventory and study the water resources of the State,5 and to regulate construction of dams,6 stream alterations,7 and water quality control.8 1 Vt. Const., ch. II, sec. 63. Trout and Salmon Club v. Mather, 68 Vt. 338, 35 Atl. 311 (1895). 2 Chatfleld v. Wilson, 31 Vt. 358 (1858) ; Lawrie v. Silsby, 76 Vt. 240, 56 Atl. 1106 (1903). » Chatfleld v. Wilson, 28 Vt. 49 (1855) ; Fire Dist. No. 1 v. Oraniteville Spring Water Co., 103 Vt. 89, 152 Atl. 42 (1930). *Id. 5 V.S.A. 10, sees. 571 et seq. 8V.S.A. 10, sees. 701 et seq. 7 V.S.A. 10, sees. 651 et seq. 8 V.S.A. 10, sees. 901 et seq. 735 |