12-028 Code Vt. R. 12-030-028-X - RULES DETERMINING MEAN WATER LEVELS

"Mean water level" for purposes of 29 V.S.A. § 401 and "normal mean water level" for purposes of 10 V.S.A. § 1422(8) shall be referenced to National Geodetic Vertical Datum of 1929 (NGVD 29), and shall be determined according to the following rules:

Rule No.1

For Lake Champlain, the mean water level shall be 95.5 feet NGVD 29.

Rule No.2

For those lakes and ponds that have an artificial structure which controls the flow of water at the outlet, the mean water level shall be the elevation of the spillway plus the mean depth of flowage over the spillway as measured during the period June 1 to September 15 or, if water does not consistently flow over the spillway, the mean water level that has customarily maintained during said period.

Rule No.3

For those lakes and ponds that have natural outlets, exclusive of Lake Champlain, the mean water level shall be the elevation of the low point in the natural control section plus the mean depth of flowage over it as measured during the period June 1 to September 15.

Rule No.4

Rules 2 and 3 above do not apply to lakes and ponds for which the former Water Resources Board or Water Resources Panel has promulgated rules or may in the future promulgate rules pursuant to 10 V.S.A. § 6025(d)(1). For such lakes and ponds the mean water level shall be the highest of any such levels established by the Board or Panel to be maintained during the period June 1 to September 15.

Rule No.5

The Department of Environmental Conservation shall collect water level data on lakes and ponds and shall determine mean water levels pursuant to these rules, based on that data, hydrologic or hydraulic analyses, watermarks, or similar data or methods.

Notes

12-028 Code Vt. R. 12-030-028-X

EFFECTIVE DATE:
November 15, 1972
AMENDED:
December 30, 2011 Secretary of State Rule Log #11-052; May 2015 [Renumbered from 12 004 061 pursuant to Section 26 of Act No. 138 of 2012]

Statutory Authority: 10 V.S.A. § 6025; 29 V.S.A. § 401