OCR Text |
Show VERMONT 737 the very early Vermont cases18 which seems to allow a fairly exten- sive use of the stream for the discharge of wastes by a riparian owner, other and more recent decisions point out that under the reasonable use concept of riparian rights a riparian owner cannot cause an unreasonable deterioration in the quality of water in a stream.19 B. OTHER WATER RESOURCE RESPONSIBILITIES The water resources board, within the department of water re- sources, is the State agency having the greatest involvement in water resource management. The board's responsibility in the field of water pollution control is reviewed in the preceding section, but the act creating this agency also 'declares that water resources "shall be protected, regulated and, where necessary, controlled under the au- thority of the State in the public interest and to promote the general welfare."20 The water resources board may conduct studies, make plans, and adopt rules for the efficient use, conservation, develop- ment, and protection of the water resources of the State.21 The board may assist soil conservation districts in sponsoring soil and water conservation projects in cooperation with the Federal Government, and may also assist local and State agencies on flood control pro- grams.22 In addition to fostering and encouraging recreational uses of water, the board is empowered to regulate water levels of those nat- ural lakes and ponds which are public waters of the State.23 Also, alterations of natural streams are subject to regulation by the water resources board in order to assure a continuous flow of water in nat- ural watercourses, consistent with the reasonable use of riparian rights.24 Whenever the board is of the opinion that an artificial regulation of a stream by an individual threatens the public interest, it may call a conference of those involved and recommend appro- priate action with respect to the release of water to protect the public interest. It also appears that the board can issue orders to require corrective measures to be taken.25 Subject to certain statutory exceptions, changes or modifications in the course, current, or cross section of a stream cannot be made unless authorized by the board. Applications for such changes can be ap- proved only if it is found that the request will not adversely affect the public safety by increasing flood hazards, and will not damage fish or wildlife, or the rights of riparian owners. Any aggrieved person may appeal to the court from a decision of the board.26 Eesponsibility for regulating dams in Vermont is divided between two State agencies. The water resources board is charged with the regulation of dams, except those involved in the generation of elec- tric energy for public use. The latter are subject to regulation by the ujacote t. Allard, 42 Vt. 303 (1869). 18 Canfteld v. Andrew, 54 Vt. 1 (1882) ; Kasuba v. Graves, 109 Vt. 191, 194 Atl. 455 (1937). 2°V.S.A. 10, Sec. 571. ^V.S.A. 10, Sees. 575, 575b, 1100-1105. *2V.S.A. 10, Sees. 575, 632-641. 23V.S.A. 10, Sees. 575, 1100-1105. «V.S.A. 10, Sec. 651. 26V.S.A. 10, Sec. 653. a»V.S.A. 10, Sees. 671-675. |