The Vermont Supreme Court decided today that whitewater boaters have the right to paddle on the Green River. The Supreme Court affirmed the decision by the Environmental Division of the Superior Court that required the hydropower project on the Green River in Morrisville to provide three annual scheduled releases. This is a precedent setting decision because it establishes that whitewater boating is a designated and existing use protected under the Clean Water Act, that scheduled releases are necessary to protect that use, and that Vermont ANR failed to meet its burden to show that providing scheduled release would result in a lowering of water quality. 

The Vermont Superior Court sided with American Whitewater in a long-running dispute with the state over whitewater boating on the Green River in Morrisville. The Court overturned state restrictions that would have eliminated any meaningful opportunity for boaters to enjoy this extraordinary river and required scheduled releases in a ground breaking decision.

In response to of the state’s draft basin plan for southern Vermont, American Whitewater and scores of boaters pressed the state to support the expansion of releases on the West River. Restrictions by the Corps of Engineers and Agency of Natural Resources have led to the elimination of nearly all scheduled boating opportunities on the West River over the past two decades, eliminating recreation opportunity and hurting the local economy. AW and its partners have been working to restore these releases.

A hardy group of northeast boaters climbed into the natural river channel below a hydropower dam to participate in a flow study designed to assess whether whitewater flows should be restored to this dewatered river reach on the Connecticut River. While significant obstacles remain, this site has the potential for providing instruction, playboating, and a big water feature that that could be run throughout much of the year and provide a much needed boost to the local economy.