765 ILCS 135/ Water Dam Use Act.

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765 ILCS 135/0.01

(765 ILCS 135/0.01) (from Ch. 96 1/2, par. 8150)

Sec. 0.01.

Short title.

This Act may be cited as the

Water Dam Use Act.

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

765 ILCS 135/1

(765 ILCS 135/1) (from Ch. 96 1/2, par. 8151)

Sec. 1.

That in any and all cases where
different persons have the right to use, in separate or distinct
quantities or proportions, the water or water-power furnished by a dam
across any river in this state, it shall be lawful for such person and
the owner or owners of such dam and water-power to fix and determine
upon some fair, impartial and reasonable mode and manner by a system of
weirs, or weirs and floats, or other reasonable plan of measuring and
delivering to each person entitled to use the water or water-power
furnished by such dam, his just share or proportion thereof, which
regulation, when made and acknowledged by such persons and the owner or
owners of such dam and water-power, and recorded in the recorder's
office of the county in which such dam is situated, shall be binding
upon all persons entitled to use the water or water-power furnished by
such dam; and in case any such dam is owned by a corporation, such
corporation may by by-law or resolution entered upon a book kept by the
corporation and subject to the free inspection of all persons interested
make such regulations: Provided, however, that in all cases the
regulations made for measuring and delivering such water or water-power
shall fairly and impartially apportion the same to each person entitled
to the use of the same according to his just share thereof: And,
provided, further, that nothing in this act contained shall be construed
to impair any covenant, contract or agreement heretofore executed to any
person or corporation for water or water-power or their legal rights
thereto.

(Source: Laws 1877, p. 138.)