91st General Assembly
Status of HB3100
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SKINNER.

   New Act                                                                     

        Creates the Riparian  Rights  Act.   Establishes  rights  to  the      
   access  and  use  of  the  water  and  bottomland  associated with the      
   ownership of the bank or shore of an inland lake or  stream.  Provides      
   that  the owner of these rights has the right to do the following: (a)      
   place  a  seasonal  structure  on  bottomland  to  facilitate  private      
   noncommercial  recreational  use  of  the  water  if   it   does   not      
   unreasonably interfere with the use of the water by others entitled to      
   use  the  water  or  interfere  with  water  flow; (b) reasonably sand      
   beaches to the existing water's edge;  (c)  construct  and  operate  a      
   pollution  control  facility  that is approved for construction by the      
   Environmental Protection Agency  under  the  Environmental  Protection      
   Act;   (d)  construct  and  maintain  minor  drainage  structures  and      
   facilities that are identified by rule established by  the  Department      
   of  Natural  Resources;  or (e) construct and maintain privately owned      
   cooling or storage ponds used in  connection  with  a  public  utility      
   except at the interface with public waters.                                 
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes the definition of "bottomland"  from  the  Act.   Deletes      
   references  to  "stream".   Excludes  from  the  definition of "drain"      
   agricultural draining tile  or  agricultural  drainage  tile  outlets.      
   Excludes from the definition of "inland lake" a body of water that the      
   Department  of  Natural  Resources owns or has a property interest in.      
   Provides that an inland lake includes  a  lake  or  pond  that  has  a      
   surface  area  of  less  than  5 acres.  Limits the riparian rights of      
   owners to the owners of land located in counties  exceeding  3,000,000      
   persons  or  in  counties  that  are  adjacent  to  counties with over      
   3,000,000 persons.   Deletes provisions permitting a riparian owner to      
   construct and maintain minor drainage structures and  facilities  that      
   are identified by Department rule. Provides that a riparian owner  may      
   only  construct  and maintain privately owned cooling or storage ponds      
   used in connection with a public utility  that  are  approved  by  the      
   Environmental  Protection  Agency.  Provides  that  the  Act  does not      
   prohibit a public utility or a power plant from  lawful  construction,      
   maintenance,  or removal of facilities on lakes, streams, or waterways      
   to ensure the safe, reliable, and efficient operation  of  the  public      
   utility or power plant.                                                     
   00-01-12  H  FILED WITH CLERK                                               
   00-01-12  H  FIRST READING                                                  
   00-01-12  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   00-01-13  H       ASSIGNED TO COMMITTEE               ENVRMNT ENRGY         
   00-02-16  H                             AMENDMENT NO. 01-ENVRMNT ENRGY H    
   00-02-16  H                                   ADOPTED                       
   00-02-16  H  MOTION DO PASS AS AMENDED-LOST           005-010-000   HENE    
   00-02-16  H       REMAINS IN COMMITTEE                ENVRMNT ENRGY         
   00-02-17  H  RE-REFERRED TO RULES COMM/RULE 19(A)     RULES         HRUL    
   01-01-09  H  SESSION SINE DIE                                               

   END OF INQUIRY 



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