Analysis of Legal Obstacles and Incentives to the Development of Low-Head Hydroelectric Power in Maine

摘要

The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level in Maine is discussed. The Federal government also exercises extensive regulatory authority in the area. The dual regulatory system is examined. The first step any developer of small-scale hydropower must take is to acquire right, title, or interest in the real property. In Maine, that step requires acquisition in some form of both river banks, the river bed, and where necessary, the land needed for the upstream impoundment area. The developer must acquire the river banks to be considered a riparian owner. Classification as a riparian is important, for only a use of water by a riparian owner is deemed a reasonable use and hence a legal use. A non-riparian could not draw water from a stream to increase the water level of an impoundment area on another stream. Apart from the usual methods of land acquisition involving sale, lease, or perhaps gift, Maine has two somewhat unique methods a developer may use for property acquisition. These methods, authorized by statute, are use of the abandoned dams law and use of the Mill Dam Act for flowage of upstream impoundment areas. (ERA citation 05:031755)