An act relating to authorizing drawdown of dams during emergency flood events

2025-2026 Regular Session Introduced by Richard Bailey and 4 co-sponsors

Authorizes the governor, via a short-term waiver, for the Agency of Natural Resources to let dams draw down water during emergencies to reduce flood risk while minimizing environme

Read first time and referred to the Committee on Government Operations and Military Affairs

Summary of H.240 (2025-2026) — Vermont

Main purpose and intent

Authorizes the Governor, during a declared state of emergency, to allow the Agency of Natural Resources to waive certain water quality permits or requirements to enable dams within Vermont to draw down water levels in anticipation of a flood event.

The underlying goal is to reduce risk of substantial damage or injury to people or property by enabling proactive flood mitigation through controlled water level reductions at dams.

Key provisions and changes

Amends 20 V.S.A. § 9 (Governor’s emergency powers):

Adds a new authority (in consultation with the Secretary of Natural Resources or designee) for the Agency to waive applicable water quality permits and restrictions under 10 V.S.A. chapter 47 or the Vermont Water Quality Standards.
The waiver would allow dams to draw down water levels in anticipation of a flood event likely to cause substantial damage or injury.
Conditions for waivers:
Governor must have significant reason to believe that drawing down water levels will decrease risk to persons or property.
Dam operators must make every effort to minimize environmental impacts from the water level drawdown under the authorized waiver.

Other emergency powers (in § 9) remain unchanged, but this bill inserts the new subsection (12) detailing the dam drawdown waiver authority.

Effective date:

The act becomes effective upon passage.

Who/what would be affected

Dam operators within Vermont that might be called upon to draw down water levels as part of flood mitigation.

The Agency of Natural Resources (in coordination with the Governor) would administer and authorize waivers.

Water quality and environmental interests that could be impacted by water level changes, as waivers require minimizing environmental effects.

The general public in flood-prone areas, who may benefit from reduced flood risk during emergencies.

Procedural and timeline aspects

Legislative process status:

Introduced in the Vermont House (H.240) by Representatives Noyes, Bailey, Boyden, LaMont, and Yacovone.
Referred to the Committee on Government Operations and Military Affairs; first-reading action completed on February 18, 2025.

The bill does not specify a separate emergency permitting process beyond existing emergency powers; waivers are issued by the Agency with Governor’s consultation and are tied to the duration of the declared emergency plus up to 180 days, for certain other emergency permits (as described in the related emergency permit provisions in § 9(11))—the waiver provision itself does not specify an identical term, but it implies temporary use during the emergency context.

Public comment: The waiver authority under the emergency provisions allows limited or no opportunity for public comment in related sections; the dam drawdown waiver is described in similar terms but emphasizes environmental minimization.

Notable details

The bill explicitly ties the dam drawdown waiver to flood events likely to cause substantial damage or injury.

It requires dam operators to minimize environmental impacts when operating under a waiver.

The focus is on proactive flood risk reduction while balancing environmental considerations.

If you’d like, I can compare this proposal to existing Vermont emergency authorities or provide a brief risk analysis (flood risk vs. environmental impact) to contextualize its potential effects.