State of Illinois
91st General Assembly

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 1                    AMENDMENT TO HOUSE BILL 3100

 2        AMENDMENT NO.     .  Amend House Bill 3100  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Riparian Rights Act.

 6        Section 5.  Definitions. In this Act:
 7        "Drain" means that part of the lowest  horizontal  piping
 8    of  a  drainage system that receives the discharge from soil,
 9    waste, and  other  drainage  pipes  inside  the  walls  of  a
10    building and conveys it to 5 feet beyond the foundation walls
11    where  it  is  connected  to  the building sewer and does not
12    include agricultural drainage tile or  agricultural  drainage
13    tile outlets.
14        "Building sewer" means that part of the horizontal piping
15    of  a drainage system that extends from the end of the drain,
16    receives the discharge of the drain,  and  conveys  it  to  a
17    public sewer or private sewage disposal system.
18        "Impoundment"  means  water  held  back  by  a dam, dike,
19    floodgate, or other barrier.
20        "Inland lake" means a natural or artificial  lake,  pond,
21    or  impoundment;  a  river  or  creek  that may or may not be
22    serving as a drain; or any  other  body  of  water  that  has
                            -2-            LRB9108571RCpkam03
 1    definite  banks,  a  bed, and visible evidence of a continued
 2    flow or continued occurrence of water.   "Inland  lake"  does
 3    not include:
 4             (1)  Lake  Michigan  or  any  other public bodies of
 5        water administered under the Rivers, Lakes,  and  Streams
 6        Act  or any body of water that the Illinois Department of
 7        Natural Resources owns or has a property interest in;
 8             (2)  Kaskaskia River  below  Carlyle  Dam  or  water
 9        storage in Carlyle Lake and Lake Shelbyville administered
10        under the Kaskaskia River Watershed and Basin Act;
11             (3)  Water  storage  in Rend Lake administered under
12        the Rend Lake Dam and Reservoir on the  Big  Muddy  River
13        Act; or
14             (4)  Water  storage  in  Kinkaid  Lake  administered
15        under the Big  Kinkaid  Creek Reservoir Act.
16        "Marina"  means  a  commercial  business that is owned or
17    operated by a person, with facilities  that  extend  into  or
18    over  an  inland  lake,  and  offers service to the public or
19    members  of  the  marina  for  docking,  loading,  or   other
20    servicing of recreational watercraft.
21        "Ordinary  high-water mark" means the line between upland
22    and bottomland that persists through  successive  changes  in
23    water  levels,  below  which  the  presence and action of the
24    water is so common or recurrent that  the  character  of  the
25    land  is marked distinctly from the upland and is apparent in
26    the soil itself, the configuration  of  the  surface  of  the
27    soil,  and the vegetation. On an inland lake that has a level
28    established by law, it  means  the  high  established  level.
29    Where water returns to its natural level as the result of the
30    permanent  removal  or  abandonment  of  a  dam, it means the
31    natural ordinary high-water mark.
32        "Property  owners'  association"  means  any   group   of
33    organized  property  owners  publishing  a directory of their
34    membership, the majority of  which  are  riparian  owners  or
                            -3-            LRB9108571RCpkam03
 1    members  of  a  private  trust  that  owns  riparian property
 2    located on the inland lake.
 3        "Riparian owner"  means  a  person  or  property  owners'
 4    association that has riparian rights.
 5        "Riparian  rights"  means  those rights to the access and
 6    use of the water associated with the ownership of the bank or
 7    shore of an inland lake.
 8        "Seasonal structure" includes  any  type  of  dock,  boat
 9    hoist,  ramp,  raft,  or other recreational structure that is
10    placed into an inland lake and removed  at  the  end  of  the
11    boating season.
12        "Structure"  includes  a  marina, wharf, dock, pier, dam,
13    weir, stream  deflector,  breakwater,  groin,  jetty,  sewer,
14    pipeline, cable, and bridge.
15        "Reasonable  use"  by riparian owners includes the use of
16    the water for the purposes of sport  fishing,  swimming,  and
17    related   activities  including  (i)  the  establishment  and
18    maintenance of private beaches, (ii) the use and operation of
19    recreational   watercraft   including   the   erection    and
20    maintenance of private seasonal structures for the launching,
21    docking,  and  mooring  of recreational watercraft, and (iii)
22    the supplying of water for private, noncommercial use.
23        "Commercial" means a business offering the sale of  goods
24    or  services  to  the public without regard to their riparian
25    property owner's status.
26        "Private" means applying to riparian property  owners  or
27    property owners' association noncommercial activities.

28        Section  10.  Riparian  rights.   In those counties where
29    the population exceeds 3,000,000 persons, or in counties that
30    are adjacent to  counties  with  over  3,000,000  persons,  a
31    riparian  owner  has the following rights except as otherwise
32    prohibited or conditioned by law:
33             (1)  A riparian owner may place a seasonal structure
                            -4-            LRB9108571RCpkam03
 1        into an inland lake to facilitate  private  noncommercial
 2        recreational use of the water if it does not unreasonably
 3        interfere with the use of the water by others entitled to
 4        use the water or interfere with water flow.
 5             (2)  A riparian owner may reasonably sand beaches to
 6        the existing water's edge.
 7             (3)  A  riparian  owner  may construct and operate a
 8        pollution  control  facility   that   is   approved   for
 9        construction by the Environmental Protection Agency under
10        the Environmental Protection Act.
11             (4)  A  riparian  owner  may  construct and maintain
12        privately  owned  cooling  or  storage  ponds   used   in
13        connection  with a public utility except at the interface
14        with public waters that are approved for construction  by
15        the    Environmental    Protection   Agency   under   the
16        Environmental Protection Act.

17        Section 15.  Nothing  in  this  Act  prohibits  a  public
18    utility  or  a  power  plant  from  the  lawful construction,
19    maintenance, or removal of facilities on lakes,  streams,  or
20    waterways   to  ensure  the  safe,  reliable,  and  efficient
21    operation of the public utility or power plant.".

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