615 ILCS 10/ Illinois Waterway Act.

(615 ILCS 10/0.01) (from Ch. 19, par. 78.9)

Sec. 0.01. Short title. This Act may be cited as the Illinois Waterway Act.

(Source: P.A. 86-1324.)

(615 ILCS 10/1) (from Ch. 19, par. 79)

Sec. 1. A deep waterway shall be constructed from the water power plant of the Sanitary District of Chicago, at or near Lockport, in the township of Lockport, in the County of Will, to a point in the Illinois River at or near Utica. Such waterway shall be known as "The Illinois Waterway."

(Source: Laws 1919, p. 977.)

(615 ILCS 10/5) (from Ch. 19, par. 83)

Sec. 5. The terms used in this Act shall be construed as follows:

(a) The term "waterway" shall refer to "The Illinois Waterway;"

(b) The term "appurtenances" when used with reference to or in connection with the term "The Illinois Waterway" or in connection with the term "waterway," shall comprehend all dams, locks (including the lock connecting the Sanitary District Channel with "The Illinois Waterway,") power plants, docks, dry docks, terminals, landings, walls, dykes, embankments, tunnels, basins, pools, laterals, buildings, structures or appliances necessary, convenient or incident to the construction, operation or maintenance of "The Illinois Waterway," provided the term "appurtenances" as used herein shall not include or apply to any property, real, personal, or mixed, of any existing sanitary district, which has a population of one million or more within its territorial limits.

(Source: Laws 1931, p. 207.)

(615 ILCS 10/6) (from Ch. 19, par. 84)

Sec. 6. The construction, maintenance, control and operation of "The Illinois Waterway" and its appurtenances shall devolve upon the Department of Natural Resources.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 10/7) (from Ch. 19, par. 85)

Sec. 7. Subject to the conditions and limitations prescribed by this Act, and subject to any conditions and limitations which the Federal government or the officers thereof may lawfully impose, the Department of Natural Resources shall have the power stated in Sections 7.1 to 7.16, inclusive, of this Act.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 10/7.1) (from Ch. 19, par. 85.1)

Sec. 7.1. To prepare plans and specifications for the construction of "The Illinois Waterway" and its appurtenances.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.2) (from Ch. 19, par. 85.2)

Sec. 7.2. To construct, control, manage, maintain and operate such waterway and its appurtenances.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.3) (from Ch. 19, par. 85.3)

Sec. 7.3. To use or to lease, or permit the use of, in whole or in part, the surplus waters of such waterway, for a period not to exceed 50 years, and to sell, use, lease or permit the use of, in whole or in part, any land, rights in land or property interests for hydropower development, or the power developed therefrom, for a period not to exceed 50 years.

(Source: P.A. 83-151.)

(615 ILCS 10/7.4) (from Ch. 19, par. 85.4)

Sec. 7.4. To construct, maintain and operate power plants, structures, buildings and appliances relative thereto for the utilization of the surplus waters arising from the construction, maintenance or operation of the waterway, and to lease, sell or otherwise dispose of the whole or any part of the electrical current or energy thereby generated.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.5) (from Ch. 19, par. 85.5)

Sec. 7.5. To establish and collect reasonable rates of toll for the passage through and the use of such waterway, dams, locks, and other appurtenances within the limits of the State, but such waterway and its appurtenances shall be free for the transportation of any property of the United States or persons in the service thereof passing through the same.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.6) (from Ch. 19, par. 85.6)

Sec. 7.6. To prescribe reasonable rules and regulations in respect to all matters connected with the navigation and use of such waterway and its appurtenances.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.7) (from Ch. 19, par. 85.7)

Sec. 7.7. To acquire by donation, purchase, contract or exchange any property, real or personal, necessary or incident to the construction, maintenance, equipment, operation or repair of the waterway and its appurtenances.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.8) (from Ch. 19, par. 85.8)

Sec. 7.8. To acquire by condemnation under the eminent domain laws of this State all property necessary to be taken or damaged for the construction, maintenance, operation or repair of such waterway and its appurtenances.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.8a)

Sec. 7.8a. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

(Source: P.A. 94-1055, eff. 1-1-07.)

(615 ILCS 10/7.9) (from Ch. 19, par. 85.9)

Sec. 7.9. To enter upon and use any lands, waters, stream and materials of any description, necessary for the prosecution of the works contemplated by this Act.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.10) (from Ch. 19, par. 85.10)

Sec. 7.10. To repair, replace or reconstruct any and all public bridges along the line of such waterway in order to provide safe and suitable navigation along such waterway, and to require the removal or alteration of bridges owned, controlled or operated by private corporations or persons which hinder or obstruct navigation.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.11) (from Ch. 19, par. 85.11)

Sec. 7.11. To sell and dispose of any machinery, tools, fixtures, stone, debris, material or personal property unnecessary for the proper management, construction, repair or use of the waterway or its appurtenances.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.12) (from Ch. 19, par. 85.12)

Sec. 7.12. To sell or to lease, from time to time, any of the lands or lots acquired for use in the construction of such waterway, or in the development of power incident thereto and no longer needed for the maintenance, use and operation of such waterway or water power.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.13) (from Ch. 19, par. 85.13)

Sec. 7.13. To grant the right or privilege to any public utility or municipality to use any tunnel constructed as an appurtenance of the Illinois Waterway for the purpose of placing, operating and maintaining therein conduits, cables, gas mains, water mains and other equipment required in connection therewith upon such terms as may be agreed upon between the Department of Natural Resources and such public utility or municipality.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 10/7.14) (from Ch. 19, par. 85.14)

Sec. 7.14. To obtain, subject to the provisions of the "Personnel Code", approved July 18, 1955, as heretofore or hereafter amended, as many engineers, draftsmen, surveyors, agents, clerks, superintending or expert help, laborers and other persons as may be necessary to the designing and construction of the waterway and its appurtenances.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.15) (from Ch. 19, par. 85.15)

Sec. 7.15. To make application to the Federal Government for all necessary permits.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/7.16) (from Ch. 19, par. 85.16)

Sec. 7.16. To make all contracts and to do all acts necessary to carry into effect the powers herein granted.

(Source: Laws 1961, p. 3529.)

(615 ILCS 10/18) (from Ch. 19, par. 96)

Sec. 18. In the construction of such waterway through the City of Joliet, the elevation of the water surface at normal stage shall not be higher at Granite Street than minus 40.5 Chicago city datum, and in the event that the shoal reach between the upper basin of the Illinois and Michigan Canal and the crossing of the Elgin, Joliet and Eastern Railway is deepened 2 feet or more, then the elevation of the water surface at normal stage shall not be higher at Granite Street than minus 41 Chicago city datum, and the channel through said city shall not be less than 270 feet in width between Spring Street on the north and Lafayette Street on the south. Any dams constructed in connection with and for the maintenance of this pool of water shall be of such design as to quickly dispose of all flood waters. Adequate intercepting sewers shall be constructed of sufficient size and at such depth as will provide outlets not only for the present sewers that may be interfered with by the construction of such waterway, but also of sufficient size and depth to take care of all the watershed tributary to the Des Plaines River that may be interfered with by changing the water levels through the City of Joliet. The Department of Natural Resources is authorized to utilize such riparian rights of the Sanitary District of Chicago in, through and near the City of Joliet and along the Des Plaines River in the County of Will as, in its judgment, may be found necessary for the construction, maintenance and operation of such waterway, or for the development of water power in connection therewith, and the Department of Natural Resources shall not be required to make compensation to such Sanitary District for the right so utilized, except that the Department of Natural Resources shall reimburse such Sanitary District for any expense to which it may be put as a result of such act of the Department of Natural Resources in the maintenance and operation of such Sanitary District channel. The Sanitary District of Chicago shall not be deprived of access to such waterway over any walls or embankments constructed, or of the enjoyment of dockage rights in connection with any property it has acquired or owns, subject only to the use of such property by the Department of Natural Resources for waterway and power purposes.

(Source: P.A. 89-445, eff. 2-7-96; 90-655, eff. 7-30-98.)

(615 ILCS 10/28) (from Ch. 19, par. 106)

Sec. 28. If any section, subdivision, sentence or clause in this Act shall be held to be invalid, the invalidity thereof shall not affect the remaining parts of this Act.

(Source: Laws 1919, p. 977.)