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Show 738 VERMONT public service board.27 No dam impounding more than 500,000 cubic feet of water may be constructed, nor may any existing dam be en- larged by this amount, without first receiving the approval of the appropriate State agency.28 The applicant must file an application, along with plans and specifications. The fish and game commission is required to review the proposal in order to assure that the project will not have an adverse impact on the propagation and preserva- tion of the salmon fisheries. The agency haying jurisdiction, after notice and hearing, determines if the public good will be better served by approval or rejection of the application. The criteria speci- fied in the act which must be considered in determining the public good range from economic benefits to recreational and environmental values. In order to approve the project, the agency must first find that the proposed dam will be a safe structure and that the public good will be served by its construction.29 This same act requires the water resources board to prepare a plan classifying the navigable streams and rivers where dams would likely serve the public good, and those where dams would not. The board may require the repair or removal of unsafe dams.30 The department of fish and game81 is organized to conserve and protect the State's wildlife resources. The department cooperates with other agencies of State government in matters relating to water pollution, stream alteration, and maintenance of minimum flows. The department of forest and parks is concerned with the manage- ment and improvement of Vermont's forests and parks, and has cer- tain responsibilities for maintaining and stabilizing streamflows and pond levels throughout the vacation season in order to enhance rec- reation facilities in the State.32 Natural resource conservation districts may be created, and, when created, they have broad power pertaining to the conservation, pro- tection, and development of lands and waters. The State natural re- source conservation council has general supervisory authority over these districts and exercises control over all funds appropriated by the State legislature for district purposes.33 In an attempt to achieve more effective coordination and coopera- tion among its natural resource agencies, Vermont has recently cre- ated an agency of environmental conservation. This agency coordi- nates the activities of the various divisions and departments which have direct responsibility for the management and conservation of the State's natural resources.34 There also exists an interagency committee on natural resources which consist of the Governor and commissioners of the various de- partments concerned with natural resources. The duties of this com- mittee are to coordinate the activities of the various State agencies to assure the proper development, management, and preservation of 27 V.S.A. 10. sec. 701. The jurisdiction of the State agency involved must affirma- tively appear in each case, In re Lake Sadawqa Dam, 121 Vt. 367. 159 A. 2d 337 (1960) 28 V.S.A. 10, sec. 702. 29 V.S.A. 10, sees. 701 et seq. A decision of water resources board rejecting an appli- cation for the construction of a dam as being against the public good upheld in appli- cation of Hemco, Inc., 283 A. 2d 246 (1971). 30 V.S.A. 10, sees. 707a, 714. 31 V.S.A. 10, sees. 2201 et seq. 32 V.S.A. 10, sees. 1301 et seq. 33 V.S.A. 10, sees. 401 et seq. 34 V.S.A. 3, sees. 2801 et seq. |