State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]

90_HB2375

      65 ILCS 5/11-138-1        from Ch. 24, par. 11-138-1
          Amends  the  Illinois  Municipal  Code.    Authorizes   a
      municipality or water company (now a water company) to locate
      or  change  the  source of a water supply to a point not more
      than 80 (now 20) miles beyond  the  municipality's  corporate
      limits.
                                                     LRB9007361PTcw
                                               LRB9007361PTcw
 1        AN  ACT  to amend the Illinois Municipal Code by changing
 2    Section 11-138-1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Municipal Code is amended by
 6    changing Section 11-138-1 as follows:
 7        (65 ILCS 5/11-138-1) (from Ch. 24, par. 11-138-1)
 8        Sec.  11-138-1.  Power  to  locate  water  supply.    Any
 9    municipality or any public or private water company organized
10    under  the laws of this State for the purpose, in whole or in
11    part,  of  supplying  the  any  municipality   or   its   the
12    inhabitants  thereof  with  all  or  a  portion  of its water
13    supply, may locate one or more of the sources  of  its  water
14    source  of  supply  at,  or change one or more of its sources
15    source of water supply to, a point not more than 80 20  miles
16    beyond   the  corporate  limits  of  the  municipality.  Such
17    municipality or company may enter upon any land and take  and
18    damage  private  property  beyond those corporate limits, (1)
19    for the construction, maintenance, and operation of a line or
20    lines of water-pipe to the source  of  supply,  (2)  for  the
21    necessary    pumping    stations,   reservoirs,   and   other
22    appurtenances, and (3) for the protection of all  reservoirs,
23    submerged  land,  and  source  of  supply from contamination,
24    pollution, or damage from any cause whatsoever.
25        Such municipality or a company may  construct,  maintain,
26    and  operate  beyond  those  corporate  limits such a line or
27    lines  of   water-pipe   across   or   under   any   railroad
28    right-of-way,  and  in  and under any public or private road,
29    highway, street, alley, or public ground, or across or  under
30    any  of  the  waters  within this State, subject, however, to
31    these conditions: (1) such a  line  or  lines  of  water-pipe
                            -2-                LRB9007361PTcw
 1    shall not interfere with any railroad, or with any sewer, gas
 2    pipes,  water-pipes,  or  other  conduit,  already laid in or
 3    under any public or private road, highway, street, alley,  or
 4    public ground by public authority; (2) such municipality or a
 5    company,  in  the  construction  and repair of such a line or
 6    lines of water-pipe, shall  restore  any  public  or  private
 7    road,  highway,  street,  alley,  or  public  ground  that is
 8    damaged to the  same  condition  as  before,  and  shall  not
 9    unnecessarily interfere with the public use of the navigation
10    of  any  of  the  specified waters; and (3) the laying of the
11    water-pipes and construction of the other works shall be done
12    under  such   reasonable   regulations   as   the   corporate
13    authorities of any township or municipality wherein that work
14    is done may prescribe.
15    (Source: Laws 1961, p. 576.)

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