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Gone Fishin': Prof. Parenteau Analyzes Court Ruling on Recreationists' Access to Reservoir

May 16, 2012

Vermont Law School Professor Pat Parenteau talked to WCAX recently about the Vermont Supreme Court's recent ruling that the city of Montpelier does not currently have the authority from the state to restrict public recreation at its drinking water supply.

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"One of the ironies here is that the city of Montpelier is liable for delivering water to its customers that is in any way impaired by the activities that occur in Berlin Pond and yet Montpelier doesn't have the authority to protect and prevent that kind of harm from occurring," said Parenteau, whose expertise includes water resources and public lands.

Parenteau said city officials have two options -- the first, going to the state Water Resources Panel and persuading them that Berlin Pond will be harmed by recreation, something they have been unable to do in the past.

"The other option would be to go to the Legislature and get a clear delegated authority to amend the charter for the city of Montpelier to directly regulate activities at Berlin Pond," he said.


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