Application of Hemco, Inc.

The plaintiff, Hemco, Inc., sought the approval of the Water Resources Board for the construction of a dam on the Mad River. The proposed dam would impound a small lake of some twenty-one acres, intended to enhance the recreational attractiveness of residential developments planned in the area. The dam would have no electrical generation function or capacity.

After hearings, the board made findings and rejected the application as not serving the public good. The plaintiff questions one of the findings specifically as not supported by the evidence, the findings generally as too vague and…