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Public Act 096-0222


 

Public Act 0222 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0222
 
SB2184 Enrolled LRB096 09188 JDS 19338 b

    AN ACT concerning conservation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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:
 
    (525 ILCS 45/3)  (from Ch. 5, par. 1603)
    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:
    (a) Providing authority for County Soil and Water
Conservation Districts to receive notice of incoming
substantial users of water.
    (b) Authorizing Soil and Water Conservation Districts to
recommend restrictions on withdrawals of groundwater in
emergencies.
    (c) Establishing a "reasonable use" rule for groundwater
withdrawals.
    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.
(Source: P.A. 85-1330.)
 
    (525 ILCS 45/4)  (from Ch. 5, par. 1604)
    Sec. 4. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Department" means the Illinois Department of
Agriculture.
    (b) "District" or "Soil and Water Conservation District"
means a public body, corporate and political, organized under
the "Soil and Water Conservation Districts Act".
    "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.
    "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.
    (e) "Person" means any owner of land or the owners'
designated agent including any individual, partnership, firm,
association, joint venture, corporation, trust, estate,
commission, board, public or private institution, unit of local
government, school district, political subdivision of this
state, state agency, any interstate body or any other legal
entity.
    (f) "Point of withdrawal" means that point at which
underground water is diverted by a person from its natural
state.
    "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
wants and a fair share for artificial wants. It does not
include water used wastefully or maliciously.
    (h) "State" means the State of Illinois.
    "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.)
 
    (525 ILCS 45/5)  (from Ch. 5, par. 1605)
    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
units of government with water systems who may be impacted by
the proposed withdrawal. The District shall then review with
the assistance of the Illinois State Water Survey and the State
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.
(Source: P.A. 85-1330.)
 
    (525 ILCS 45/5.1)  (from Ch. 5, par. 1605.1)
    Sec. 5.1. Groundwater Emergency Restrictions.
    (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.
    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
data in such form as may be required by the District.
    (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.
    (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
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.
    (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
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
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.
    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
recommendation.
    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
Procedure Act to show cause concerning its decision.
    Final decisions of the Department pursuant to this Section
may be appealed in accordance with the Administrative Review
Law.
    (e) The Department is authorized to promulgate rules and
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.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (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.
 
    Section 99. Effective date. This Act takes effect January
1, 2010.

Effective Date: 1/1/2010