(70 ILCS 2105/9b) (from Ch. 42, par. 392a)
Sec. 9b.
The board of trustees of any conservancy district shall in
addition to the other powers and duties by this Act conferred and imposed
have the following powers and duties:
(a) In order to effect the protection, reclamation or irrigation of the
land and other property in the district, and to accomplish all other
purposes of the district, the board of trustees is authorized and empowered
to clean out, straighten, widen, alter, deepen or change the course or
terminus of any ditch, drain, sewer, river, water course, pond, lake, creek
or natural stream in or out of the district; to fill up any abandoned or
altered ditch, drain, sewer, river, water course, pond, lake, creek or
natural stream, and to concentrate, divert or divide the flow of water in
or out of the district; to construct and maintain main and lateral ditches,
sewers, canals, levees, dikes, dams, sluices, revetments, reservoirs,
holding basins, floodways, pumping stations and siphons, and any other
works and improvements deemed necessary to construct, preserve, operate or
maintain the works in or out of the district; to construct or enlarge or
cause to be constructed or enlarged any and all bridges that may be needed
in or out of the district; to construct or elevate roadways and streets; to
construct any and all of the works and improvements across, through or over
any public highway, canal, railroad right of way, track, grade, fill or
cut, in or out of the district; to remove or change the location of any
fence, building, railroad, canal, or other improvements in or out of the
district; and shall have the right to hold, encumber, control, to acquire
by donation, purchase or condemnation, to construct, own, lease, use and
sell real and personal property, including the transfer of real property
by gift to the State of Illinois, and any easement, riparian right, railroad
right of way, canal, cemetery, sluice, reservoir, holding basin, mill dam,
water power, wharf or franchise in or out of the district for right of way,
holding basin or for any necessary purpose, or for material to be used in
constructing and maintaining the works and improvements, to replat or
subdivide land, open new roads, streets and alleys, or change the course of
an existing one.
Nothing in this Act contained shall be construed to authorize, nor shall
the board have the right or authority to furnish water power or electricity
for public or private use or otherwise, except only for the operation of
the works and instrumentalities of the District; nor shall the board have
any power to sell, or otherwise dispose of the waters so collected and
impounded except only as otherwise herein permitted.
(b) The board shall have the power and it shall be its duty to
supervise, regulate and control the flow within the boundaries of the
District of the waters of any river, stream or water course over and
through any and all dams and other obstructions, if any, now or hereafter
existing or constructed in, upon or along any such river, stream or water
course; provided however, that nothing in this paragraph contained shall
empower any conservancy district to abridge or in any manner curtail any
vested water power rights or other rights.
(c) The board shall have the power and it shall be its duty to construct
and efficiently maintain a fish-way or fish-ways through or over any and
all dams or other obstructions to the flow of any river, stream or water
course within the boundaries of the District, which shall be so constructed
and maintained as to permit the free passage of fish over such dam or dams
or other obstructions.
(d) The board shall have the power, if it shall find it conducive to the
public health, comfort or convenience to acquire sufficient lands
contiguous to its reservoir or reservoirs for the establishment of
recreational grounds and the right to permit such reservoir or reservoirs
to be used for recreational purposes and to construct on such grounds a
building or buildings and other improvements for such recreational
purposes; provided however, that nothing in this paragraph contained shall
in any way interfere with the drainage or other use of such reservoir or
reservoirs for the purpose of controlling, regulating and augmenting the
flow of rivers, streams or water courses of the District.
(e) In the event that any power or powers, authority or authorities
given or granted in any paragraph or section of this Act shall be held to
be void, such holding or holdings shall not be construed to in any manner
affect the validity of any other part or portion of this Act or this Act in
its entirety.
(Source: P.A. 86-129.)
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