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| Public Act 096-0222 |
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AN ACT concerning conservation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Water Use Act of 1983 is amended by changing | ||||
Sections 3, 4, 5, and 5.1 and by adding Section 5.3 as follows:
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(525 ILCS 45/3) (from Ch. 5, par. 1603)
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Sec. 3. Purpose. The general purpose and intent of this Act | ||||
is to establish
a means of reviewing potential water conflicts | ||||
before damage to
any person is incurred and to establish a rule | ||||
for mitigating water shortage
conflicts by:
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(a) Providing authority for County Soil and Water | ||||
Conservation Districts
to receive notice of incoming | ||||
substantial users of water.
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(b) Authorizing Soil and Water Conservation Districts to | ||||
recommend
restrictions on
withdrawals of groundwater in | ||||
emergencies.
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(c) Establishing a "reasonable use" rule for groundwater | ||||
withdrawals.
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The requirements of Section 5 and 5.1 of this Act shall not | ||||
apply to the region
governed by the provisions of "An Act in | ||||
relation to the regulation and
maintenance of the levels in | ||||
Lake Michigan and to the Diversion and apportionment
of water | ||||
from the Lake Michigan watershed", approved June 18, 1929, as | ||||
amended.
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(Source: P.A. 85-1330.)
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(525 ILCS 45/4) (from Ch. 5, par. 1604)
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Sec. 4. Definitions. As used in this Act, unless the | ||
context otherwise requires:
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(a) "Department" means the Illinois Department of | ||
Agriculture.
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(b) "District" or "Soil and Water Conservation District" | ||
means a public
body, corporate and political, organized under | ||
the "Soil and Water Conservation
Districts Act".
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"Geological Survey" means the Illinois State Geological | ||
Survey. | ||
(c) "Groundwater" means underground water which occurs | ||
within the
saturated zone and geologic materials where the | ||
fluid pressure in the pore
space is equal to or greater than | ||
atmospheric pressure.
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"High-capacity intake" means a surface water intake | ||
located on a parcel of property where the rate or capacity of | ||
water withdrawal of all intakes for the property is equal to or | ||
in excess of 100,000 gallons during any 24-hour period. | ||
"High-capacity well" means a well located on a parcel of | ||
property where the rate or capacity of water withdrawal of all | ||
wells on the property is equal to or in excess of 100,000 | ||
gallons during any 24-hour period. | ||
(d) "Land occupier" or "occupier of land" includes any | ||
individual, firm
or corporation, other than the owner, who is | ||
in legal possession of any
land in the State of Illinois | ||
whether as a lessee, renter, tenant or otherwise.
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(e) "Person" means any owner of land or the owners'
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designated agent including
any individual, partnership, firm, | ||
association, joint venture, corporation, trust,
estate, | ||
commission, board, public or private institution, unit of local
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government, school district, political subdivision of this | ||
state, state
agency, any interstate body or any other legal | ||
entity.
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(f) "Point of withdrawal" means that point at which | ||
underground water is
diverted by a person from its natural | ||
state.
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"Public water supply" means all mains, pipes, and | ||
structures through which water is obtained and distributed to | ||
the public, including wells and well structures, intakes and | ||
cribs, pumping stations, treatment plants, reservoirs, storage | ||
tanks, and appurtenances, collectively or severally, actually | ||
used or intended for use for the purpose of furnishing water | ||
for drinking or general domestic use and which serve at least | ||
15 service connections or which regularly serve at least 25 | ||
persons at least 60 days per year. | ||
(g) "Reasonable use" means the use of water to meet natural
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wants and a fair share for artificial wants. It does not | ||
include water
used wastefully or maliciously.
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(h) "State" means the State of Illinois.
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"Surface water" means a pond, lake, reservoir, stream, | ||
creek, or river. | ||
"Water authority" means a local governmental body | ||
established by referendum under the Water Authorities Act (70 | ||
ILCS 3715/). | ||
"Water survey" means the Illinois State Water Survey. | ||
(Source: P.A. 85-1330.)
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(525 ILCS 45/5) (from Ch. 5, par. 1605)
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Sec. 5. Water Conflict Resolution. In the event that a land | ||
occupier or person
proposes to develop a new point of | ||
withdrawal, and
withdrawals from the new point is a | ||
high-capacity well can reasonably be expected to occur
in | ||
excess of 100,000
gallons on any day, the land occupier or | ||
person shall notify
the District before construction of the | ||
well begins. The District
shall in turn notify other local
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units of government with water systems who may be impacted by
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the proposed withdrawal. The District shall then review with
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the assistance of the Illinois State Water Survey and the State
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Geological Survey the proposed
point of withdrawal's effect | ||
upon other users of the water.
The review shall be completed | ||
within 30 days of receipt of the notice.
The findings of such | ||
reviews shall be made public.
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(Source: P.A. 85-1330.)
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(525 ILCS 45/5.1) (from Ch. 5, par. 1605.1)
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Sec. 5.1. Groundwater Emergency Restrictions.
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(a) Each District within
any county in Illinois through | ||
which the Iroquois River flows, and each
District within any | ||
county in Illinois with a population in excess of
100,000 | ||
through which the Mackinaw River flows, is authorized
to | ||
recommend to the Department of Agriculture restrictions on | ||
groundwater
withdrawal as provided by this Section.
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A land occupier or person who
possesses land which contains | ||
an existing a point of withdrawal that is a high-capacity well | ||
or is proposing a new point of withdrawal that is a | ||
high-capacity well capable of
producing more than 100,000 | ||
gallons of water on any day shall register that
point of | ||
withdrawal with the District and shall furnish such reasonable
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data in such form as may be required by the District.
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(b) The District, with the assistance and approval of the | ||
Department of
Agriculture, shall issue recommended guidelines | ||
for the construction of
points of withdrawal and the type and | ||
setting of pumps for use in those
points of withdrawal. Copies | ||
of the guidelines shall be made available
from the District | ||
upon request.
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(c) Within 2 working days after receiving a written | ||
complaint from a
land occupier or a person whose point of | ||
withdrawal has failed to furnish
its normal supply of water, | ||
the District shall schedule an on-site
investigation. If the | ||
investigation discloses (1) that the point of
withdrawal fails | ||
to furnish its normal supply of water, (2) that the
failure is | ||
caused by a substantial lowering of the level of groundwater in
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the area, and (3) that the point of withdrawal and its | ||
equipment conform to
the recommended guidelines of the District | ||
issued under subsection (b), the
District may recommend to the | ||
Department of Agriculture that the Department
restrict the | ||
quantity of water that a person may extract from any | ||
high-capacity well point of
withdrawal within the District's | ||
boundaries which is capable of producing
more than 100,000 | ||
gallons on any day. The restriction shall be expressed
in | ||
gallons of water, may apply to one or more points of withdrawal | ||
within
the District, and may be broadened or narrowed as | ||
appropriate. The
restrictions shall be lifted as soon as | ||
justified by changed conditions.
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(d) When a District determines that restriction of the | ||
withdrawal of
water at a particular point within the District | ||
is necessary to preserve an
adequate water supply for all | ||
residents in the District, the District may
recommend to the | ||
Department of Agriculture that the Department restrict the
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quantity of water that may be extracted from any point of | ||
withdrawal within
the District which is a high-capacity well | ||
capable of producing more than 100,000 gallons of
water on any | ||
day. The Department shall review the District's
recommendation | ||
and if it agrees with such recommendation shall restrict the
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withdrawal of water within the District in accordance with | ||
subsection (c)
and shall notify each land occupier or person | ||
who possesses land which
contains a registered point of | ||
withdrawal affected by the restriction.
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If the Department disagrees with the District's | ||
recommendation, it shall
notify the District, the land occupier | ||
or the person who possesses land
which contains a registered | ||
point of withdrawal affected by the
recommendation and the | ||
complainant, giving the reason for the failure to
affirm the | ||
recommendation. The Department may propose an alternate
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recommendation.
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If the District, the respondent or the complainant | ||
disagrees with the
decision of the Department, such person may | ||
request an administrative hearing
to
be conducted by the | ||
Department in accordance with the Illinois
Administrative
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Procedure Act to show cause concerning its decision.
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Final decisions of the Department pursuant to this Section | ||
may be
appealed in accordance with the Administrative Review | ||
Law.
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(e) The Department is authorized to promulgate rules and
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regulations, including emergency rules, for the implementation | ||
of this
amendatory Act of 1987.
The Department may set the | ||
general policy for the Districts to follow in
the | ||
administration of this Act.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(525 ILCS 45/5.3 new) | ||
Sec. 5.3. Water use reporting. Any person or land occupier | ||
that is responsible for a point of withdrawal classified as a | ||
high-capacity well, high-capacity intake, or public water | ||
supply shall participate in the Illinois State Water Survey's | ||
Illinois Water Inventory Program. However, high-capacity wells | ||
used for agricultural irrigation and high-capacity intakes | ||
used for agricultural irrigation are exempt from this Section | ||
for the first 5 years after the effective date of this | ||
amendatory Act of the 96th General Assembly. A person or land | ||
occupier that is responsible for a point of withdrawal | ||
classified as a high-capacity well or high-capacity intake used | ||
for irrigation for agriculture shall determine water use | ||
through estimation methods deemed acceptable by the Illinois | ||
State Water Survey. A person or land occupier that is | ||
responsible for a point of withdrawal that is classified as a | ||
high-capacity well or a high-capacity intake used for | ||
irrigation that lies within the boundaries of a water authority | ||
or other local government entity that estimates irrigation | ||
withdrawals through a method deemed acceptable by the Illinois | ||
State Water Survey is exempt from participating as an | ||
individual in the Illinois Water Inventory Program.
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Section 99. Effective date. This Act takes effect January | ||
1, 2010.
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