ELR Citation: ELR 20600
No(s). 40-71 (Vt. Oct 5, 1971)

Refusal of Vermont Water Resources Board to permit construction of dam to impound lake to enhance recreational attractiveness of residential area neither arbitrary nor capricious where witnesses testified dam would harm sports fishing, damage stream bed and hamper white water canoeing. Balancing these consequences with increased town revenues and additional recreational facilities is a job best left to discretion of Board. HEMCO failed to show prejudice of Board chairman. Written statements may be accepted from witnesses so long as ample opportunity is provided for cross-examination.

Counsel for HEMCO
Theriault & Joslin
87 Main Street
Montpelier, Vermont 05602
(802) 223-2381

Counsel for Board
James M. Jeffords Attorney General
Fred I. Parker Deputy Attorney General
State Capitol
Montpelier, Vermont 05602
(802) 223-2311