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(Public Trust Doctrine) by Rory Cummings
Towards the beginning of this century, a Vermont mill owner decided to keep the water level in a pond at an artificially high level. This did little to endear him to the property owners along the shore, as their property spent a good deal of time underwater. They got together and sued the mill owner. The Judge decided that the state was responsible for ensuring that public property is used to the greatest possible public good. (Public Trust Doctrine) The Blodgett dock dispute began last year when Kevin Rose, kayaking north towards Shelburne Bay, found a long dock blocking his route in the shallows formed by the ruins or a stone pier. Kayakers often pass through this area to avoid the traffic and waves of the open bay. Blodgett had launched the dock from its employee lakeside park after obtaining all necessary permits. The park is open to the public only a few days a year, and is not considered public. The dock would, however, be used by a large number of Blodgett employees and their families. The Conservation Law Foundation, dedicated to using legal procedures to protect and preserve nature, would like to set a precedent in this case to use to their advantage in similar cases. A case involving a proposed marina in Charlotte was dropped when the developer became disillusioned and withdrew. The impact of this case could be enormous. If the Water Resources Board decides in favor of the CLF and Rose, the door is opened for similar suits against Vermont Marinas, Yacht Clubs, and private individuals that have docks over 50' in length (docks under 50' do not require permits). Since no ruling is expected until sometime in October, well have to wait until next year to see either the consequences or benefits. Rory Cummings works for Harborwatch as a reporter and in distribution. "Burlington Builds New Boat Launching Facility." The new facility will accommodate any trailerable boat." by The Harbormaster
The park will not have an attendant to collect fees so its use will be by season pass only. Burlington residents will pay $25 for a car or truck and $10 for a trailer. Non-residents will pay $30 for their car and $10 for the trailer. According to Whalen " The beauty of this facility is that with the new Coast Guard breakwater this is one of the best protected launch sites on the lake."
The project was delayed for nearly 10 years because the Coast Guard was less than excited about the idea of having a public launching area close to their new facility. Fortunately persistence paid off and they now seem to be amenable. Although when contacted, the Coast Guard had "no comment" regarding the new facility. According to Whalen, Vermont Department of Fish and Wildlife justify their contribution to the project because Lake Champlain Basin Program studies showed that additional lake access was needed in Burlington as well as being part of their state planning documents. Unlike other launch areas on the lake that are restricted by the Department of Fish and Wildlife, this launch area is for the use of the general boating public. For more information about this area contact Burlington Parks and Recreation, 802-865-7247. "Economic Analysis of Lake Champlain Plan Complete" Opportunities For Action GRAND ISLE, VT--
"We were happy to contribute to the ongoing effort to compile and analyze economic data on the draft of the Final Plan," stated research team leader Tim Holmes of Holmes and Associates of Saranac Lake, NY. "The report contains extensive data on all aspects of the management plan as well as background information on the economic impacts of tourism and recreation activities within the Basin. The economic study also provides an analysis of economic impacts on the agricultural sector, including a discussion of the economic implications of various manure management techniques on both small and large dairy farms," added Holmes. The annual cost for implementation of the phosphorus reduction strategy is estimated to be $5.4 million with funding to be provided by the State and Federal governments. The economic report also found that new construction jobs in New York and Vermont valued at $9.6 million would be created through the first five years of Plan implementation. Lake Champlain recreational activity currently creates direct and indirect economic impacts of $154 million. The economic model used to prepare the report indicates a low, medium and high estimate of additional recreational activity as a result of Plan implementation. The middle estimate suggests an increase of $8 million in lake related economic activity. Other economic benefits discussed in the report include benefits related to increased enjoyment of Lake Champlain by residents, improved ability to attract new business to the Basin and possible increases in property values near the Lake. "We are pleased to provide this additional data to assist the public in determining the long term benefits of Opportunities for Action, " stated Ron Manfredonia, Chair of the Lake Champlain Management Conference. "Members of the Lake Champlain Management Conference are extremely aware of the need to support a healthy economy for the Basin. Although the process of refining costs and benefits of various implementation activities needs to be done on an ongoing basis, this report represents the best available data at this time," he added. The Economic Study was led by Holmes and Associates and Anthony Artuso from the Institute for Public Affairs and Policy Studies at the University of Charleston. Associates from the University of Vermont, Cornell University, Paul Smiths College, SUNY-Plattsburgh, St. Michaels College and a number of private sector consulting firms also contributed to the economic data compiled for the report. For more information and to obtain a copy of the Economic Study, Opportunities for Action or other LCBP technical reports, call the Lake Champlain Basin Program at 1-800-468-5227 or 802-372-3213.
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