Northern Vermont's Green River Reservoir is a haven for wildlife and quiet water enthusiasts. It's also under threat because of a long-running dispute over how the water level is managed.
The reservoir and state park in Lamoille County is one of Vermont鈥檚 most treasured public waters. Engines are not allowed, so the 653-acre reservoir is popular with paddlers and campers. Several pairs of loons make the reservoir home, and their calls add to the remote, wilderness feel of the place.
But the future of this quiet water is in the hands of a small electric utility that controls the reservoir with its dam on the Green River. The utility, Morrisville Water and Light, has threatened to drain the reservoir unless it can run the dam the way it wants.
"No motor boats, one point of access... Also, it's very rare to find a lake in Vermont that doesn't have houses all over it. This one doesn't. That's the special thing about it." 鈥� Jan Lewandowski, quiet water enthusiast
On an overcast, late fall day, Jim and Doreen Noyes headed out to enjoy their 59th canoe excursion this year on the Green River Reservoir in Hyde Park.
鈥淚t is our go-to place when we need the quiet, the relaxation and the serenity,鈥� Jim said.
Jan Lewandowski of Stannard is another longtime visitor. He鈥檚 been paddling and camping here for more than 40 years. Lewandowski listed what makes the place unique:
"No motor boats, one point of access. In general it鈥檚 very quiet," he said. "Also, it鈥檚 very rare to find a lake in Vermont that doesn鈥檛 have houses all over it. This one doesn鈥檛. That鈥檚 the special thing about it.鈥�
The reservoir is indeed a special place. Even though it鈥檚 man-made, it feels like a remote, wilderness lake. Moose, loons and bear are frequently seen. A bald eagle soared into the air right in front of me when I drove in the other week.
The public clearly loves the place. Head Ranger Ross Bryant said the park saw a record 16,000 visitors this year.
鈥淣ext year, if you look at advance reservations, it鈥檚 pretty much going to be the same,鈥� he said. 鈥淲e are 57% reserved [for campsites] for the entire season next year.鈥�
Yet the reservoir鈥檚 quiet waters don鈥檛 tell you anything about its contentious legal history 鈥� and the continuing threats it faces.
To understand what鈥檚 going on, you have to remember that a dam on the Green River created the reservoir in 1947. Although initially built for flood control, a generator was installed in 1984. Like most power dams, this one comes up for a new federal license every 30 or 40 years.
In Vermont and around the country, the dam relicensing process has provided a once-in-a-generation opportunity to reduce the damage dams inflict on rivers and the natural environment. In general, less water in the river means less space for fish to live and spawn.
Most power dams are licensed by the Federal Energy Regulatory Commission (FERC). But the federal Clean Water Act also requires a new water quality certificate for the FERC license. So in this case, the Agency of Natural Resources has insisted on higher flows in the Green River in its water quality review.
With the reservoir, the state agency also wants to limit how much water can be removed in the winter. The utility wants a 10-foot drawdown, but the state says that leaves too much lakeshore habitat 鈥� including fish spawning and feeding areas 鈥� high, dry and frozen during a critical time.
"Unfortunately, the water quality certification conditions mandated by ANR, they put the dam, and the dam's future at risk." 鈥� Penny Jones, Morrisville Water and Light general manager
Penny Jones, the general manager for the Morrisville utility, said the state鈥檚 flow conditions for operating the dam and power generator are no longer financially feasible.
鈥淯nfortunately, the water quality certification conditions mandated by ANR, they put the dam and the dam鈥檚 future at risk,鈥� she said.
Jones added that the power generated by the winter drawdown is a major boon for the utility's 4,000 ratepayers. That鈥檚 because the hometown energy is produced at times of peak demand 鈥� when electricity is very expensive. Without the drawdown, fewer kilowatt hours would be generated locally, and the utility would have to buy electricity on the wholesale market.
鈥淚t is not financially possible for Morrisville Water and Light, which is a not-for-profit utility, municipal utility, to operate the dam under the constraints of ANR鈥檚 mandate,鈥� Jones said.
And if it鈥檚 not financially possible to operate the dam, the utility has threatened to take it down, which would drain the reservoir.
鈥淎t this point in time, all options are still on the table,鈥� Jones said.
The Morrisville utility fought the ANR's water quality conditions all the way to the Vermont Supreme Court, where it lost last November. Morrisville Water and Light lost again in August when a lower court on the flow conditions.
But the legal battle is not yet over. The utility has now asked FERC to overturn the state鈥檚 water quality permit. A decision is expected by the end of the year.
鈥淲e鈥檙e hoping that if that waiver petition [to FERC] is successful, we will be able to continue to operate the Green River Reservoir dam as we have for years,鈥� Jones said.
The utility's argument to FERC essentially boils down to a claim that the state waived its authority for the water quality review because it took too long to issue the permit required by the Clean Water Act.
The state says that argument is plain wrong because the utility itself is responsible for the delay.
鈥淢orrisville actively engaged in discussion and information exchange with ANR regarding the [water quality certificate] application, including submitting new proposals and twice voluntarily withdrawing its applications,鈥� the .
Meanwhile, Morrisville Water and Light has hired a Montpelier public relations and lobbying firm to make its case.
"There is no quick exit, no 'easy' button, regardless of the decision that gets made, and I think it is important that we continue to dialog about paths forward." 鈥� Natural Resources Secretary Julie Moore
For the people who love the place, the lobbying and the legal wrangling have gone on long enough. Sally Laughlin heads the nonprofit Friends of the Green River Reservoir.
鈥淔riends of Green River wants to work with everybody involved in this to come up with a permanent solution, whichever way that [FERC] case goes,鈥� Laughlin said. 鈥淲e just need to have a permanent solution so that there鈥檚 no possibility that the reservoir would be drained sometime in the distant future. It鈥檚 just such a treasure for the state.鈥�
Natural Resources Secretary Julie Moore said she鈥檇 like to settle the issue also. But any substantive negotiations will probably not happen, she added, until the utility exhausts its legal challenges.
Morrisville Water and Light wants the state to consider the economic benefits of the dam in its water quality certificate. But Moore said the federal Clean Water Act is clear that only environmental issues 鈥� not the utility鈥檚 finances 鈥� can be considered.
鈥淎nd so far, we haven鈥檛 really gotten to the point where we can agree that鈥檚 a guiding principle, and so it makes moving beyond that point in the conversation really hard,鈥� she said.
As for the utility鈥檚 threat to take out the dam and drain the reservoir? Moore said that would be expensive for ratepayers and also requires federal and state review.
鈥淭here is no quick exit, no 'easy' button, regardless of the decision that gets made," she said. "And I think it is important that we continue to dialog about paths forward."
Back at the reservoir, Doreen and Jim Noyes say they鈥檙e optimistic about the future of the place.
鈥淲ell, we鈥檙e very concerned," Jim said. "But we鈥檙e also very certain that things will turn out OK, and the reservoir will be here for a long, long time."
Doreen added: 鈥淲e would be lost without it.鈥�
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