State of Illinois
91st General Assembly

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 1        AN ACT in relation to the development and  management  of
 2    the groundwater resources of the State of Illinois.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 1.  Short title.  This Act may be  cited  as  the
 6    Illinois Groundwater Quantity Management Act.

 7        Section 5.  Legislative findings.
 8        (a)  The General Assembly finds and recognizes that:
 9             (1)  the   continuing   development   and   use   of
10        groundwater  resources  of  the  State  has  resulted  in
11        numerous   interruptions   to   the   domestic   use   of
12        groundwater;
13             (2)  growth   in   the   development   and   use  of
14        groundwater resources can  cause  excessive  declines  in
15        regional groundwater levels; and
16             (3)  concerns    regarding    the   development   of
17        groundwater resources need to be  addressed  through  the
18        development,  by  the  State  of  Illinois, of a regional
19        groundwater management program based on an  understanding
20        of  regional  groundwater  needs  and  the limitations of
21        groundwater resources.
22        (b)  The General Assembly further recognizes that:
23             (1)  the State of Illinois must manage, protect, and
24        enhance the development of the groundwater of the  State,
25        as a natural and public resource;
26             (2)  groundwater has an essential and pervasive role
27        in  the  social  and economic well-being of the people of
28        Illinois and  is  of  vital  importance  to  the  general
29        health, safety, and economic welfare;
30             (3)  groundwater resources of the State must be used
31        for beneficial and legitimate purposes; and
                            -2-                LRB9109303MWgc
 1             (4)  waste  and degradation of groundwater resources
 2        must be prevented.

 3        Section 10.  Definitions.  In this Act:
 4        "Department" means the Department of Natural Resources.
 5        "Domestic well" means a single groundwater supply that is
 6    used to provide water for household drinking and culinary and
 7    sanitary purposes for not more than 4 families and, if it  is
 8    used  for  any  agricultural  or  non-household purposes, the
 9    total daily usage of which does not exceed 7,500  gallons  of
10    groundwater on any day.
11        "High  capacity  well" means a water well equipped with a
12    pump that is capable of producing more than  100,000  gallons
13    of groundwater on any day.

14        Section 15.  Interference with domestic wells.
15        (a)  If an investigation, using information provided by a
16    domestic user and other technical information, discloses that
17    an existing high capacity well is causing the delivery system
18    of  a  domestic  well  to  fail,  or is causing a significant
19    reduction in performance due  to  well  interference  with  a
20    domestic  well  that  supplies  water  for  a  domestic  use,
21    compensation  may  be  required  from  the high capacity well
22    owner for all or a portion of the cost of a replacement water
23    supply system or remedial measures necessitated by  the  well
24    interference.   The  compensation  may  be required, however,
25    only  after  the  parties  demonstrate  that  an  effort   to
26    negotiate  an  agreeable  compensation  has been made and has
27    failed.
28        (b)  The provisions of subsection (a)  do  not  apply  to
29    water  from  a  point  of  withdrawal  located within an area
30    permitted  under  the  federal  Surface  Mining  Control  and
31    Reclamation Act  of  1977,  P.L.  95-87,  or  the  rules  and
32    regulations  thereunder,  or  any  law or rule adopted by the
                            -3-                LRB9109303MWgc
 1    State of Illinois pursuant thereto.

 2        Section 20.  Interstate groundwater  quantity  management
 3    area  plan.  For  counties adjoining a neighboring state, the
 4    Department may conduct a groundwater quantity management area
 5    needs assessment in cooperation with the neighboring  state's
 6    water  resources management agency.  Following publication of
 7    the needs assessment and a public hearing the Department  may
 8    initiate,  based  on interstate agreement, the development of
 9    an interstate groundwater quantity management area plan.   In
10    accordance  with, and if recommended in, the final interstate
11    groundwater quantity management area plan, the Department may
12    enter into interstate agreements  and  adopt  rules  for  the
13    joint   interstate   management  of  the  shared  groundwater
14    resource.  Provisions of the interstate groundwater  quantity
15    management  area  plan shall take precedence if they conflict
16    with provisions of an adopted county  groundwater  management
17    area plan.

18        Section  25.  Domestic  well  upgrade  fund.  In counties
19    where groundwater  emergency  restrictions  apply  under  the
20    Water  Use  Act  of  1983,  or  where  a  county  groundwater
21    management  area  plan has been adopted, the county board may
22    establish a domestic well upgrade fund.  This fund  shall  be
23    used  to pay for repair or replacement of domestic wells that
24    have failed to supply water or have experienced a significant
25    reduction in performance due to well interference.  The  fund
26    may be established only in counties where multiple complaints
27    concerning  well interference have been filed and there is an
28    indication of regional reductions in groundwater  levels  due
29    to pumping from numerous high capacity wells.
30        The  county  shall  require  that  the owner of each high
31    capacity well be assessed a dollar amount  for  payment  into
32    the  fund  that  is  based  on  the  highest estimated use or
                            -4-                LRB9109303MWgc
 1    highest recorded use for each high capacity well.   The  high
 2    capacity  wells  so  assessed  shall be located in an aquifer
 3    system  experiencing  regional  reductions   in   groundwater
 4    levels.  The size of the fund and the assessment on each high
 5    capacity well user shall be determined annually by the county
 6    board and approved by the Department.  That determination and
 7    approval  shall  be based on information provided through the
 8    complaint process established under the Water Use Act of 1983
 9    or a county groundwater management area plan.  The amount  of
10    moneys  in  the  fund shall not exceed the amount required to
11    upgrade  affected  domestic  wells  and  to  administer   the
12    domestic  well  upgrade  fund.  Costs  required  to  bring  a
13    domestic  well  into  compliance with the Illinois Water Well
14    Construction Code are not eligible for compensation.
15        When a domestic well  upgrade  fund  is  established  and
16    operating  in  a  county,  it  shall  be the primary means of
17    resolving domestic well interference conflicts.
18        The county board shall review the need for  the  fund  at
19    least  every  5  years  and  shall  reestablish  the  fund if
20    necessary  based  on  the  review.   If  the  fund   is   not
21    reestablished,  the  moneys  in the fund shall be returned to
22    the owners of the high capacity wells in the county based  on
23    their proportionate contribution to the fund.

24        Section  30.  County groundwater quantity management area
25    plan.
26        (a)  In a county where the emergency powers of the  Water
27    Use  Act  of  1983  apply,  and  in  a  county  that has been
28    designated a groundwater resource assessment area  under  the
29    Water  Use Act of 1983, the county board and the board of the
30    soil and water conservation district of the  county  may,  by
31    resolution  of  both  boards,  request  that  the  Department
32    conduct   a   groundwater   quantity  management  area  needs
33    assessment.    This  assessment   shall   be   conducted   in
                            -5-                LRB9109303MWgc
 1    cooperation  with  the  Illinois State Water Survey and State
 2    Geological  Survey,  the  Illinois  Environmental  Protection
 3    Agency, the Department of Public Health,  the  Department  of
 4    Agriculture,  other interested natural resource agencies, and
 5    interested  groundwater  users  in  the   county.    If   the
 6    assessment  identifies the potential for increasing water use
 7    conflicts and recommends  a  need  for  improved  groundwater
 8    management,  the county board may request that the Department
 9    develop a county groundwater quantity management area plan.
10        (b)  The county board may adopt the groundwater  quantity
11    management   area   plan  as  developed  or  amended  by  the
12    Department  and  shall  prescribe  by  ordinance  rules   and
13    regulations  specified  in  the adopted plan developed by the
14    Department.  The plan, including rules and regulations, shall
15    be developed in cooperation with the  county  board  and  the
16    county  groundwater  quantity committee.  The committee shall
17    be appointed by the  soil  and  water  conservation  district
18    board  and  shall  be  comprised of up to 12 members, who may
19    represent self-supplied industries,  public  water  supplies,
20    irrigators,   livestock   and  dairy  farmers,  environmental
21    interests,  economic   development,   licensed   water   well
22    contractors,  and  county  or  local health authorities.  The
23    Department and the county board shall review the adopted plan
24    and associated rules and regulations at least every 5  years.
25    The  Department  or  county board may recommend amendments to
26    the plan and its rules and regulations based on  the  review.
27    The   Department   shall  assure  that  groundwater  quantity
28    management area plans for adjacent counties are developed and
29    implemented in a consistent manner.
30        (c)  A county groundwater quantity management  area  plan
31    shall  consider  the  needs of all existing groundwater users
32    and may include, but need not be  limited  to,  well  spacing
33    requirements,   well   construction   standards,   water  use
34    conservation   and   efficiency   requirements,   water   use
                            -6-                LRB9109303MWgc
 1    reporting, provisions concerning the timing  of  withdrawals,
 2    and  provisions  establishing  a  range of prescribed pumping
 3    levels or maximum pumping rates for an aquifer  or  any  part
 4    thereof    based    on   the   capacity,   variability,   and
 5    characteristics of the aquifer.   The  recommendations  of  a
 6    county  groundwater  quantity  area  management  plan  may be
 7    implemented through a permit program.  The permit program and
 8    plan recommendations may vary within a county  based  on  the
 9    variability  of  the  aquifer  and demands on the groundwater
10    resource.  Permit fees may not  exceed  a  reasonable  amount
11    necessary  to  cover the costs of the county's implementation
12    and administration of the adopted plan.
13        (d)  A county groundwater quantity management  area  plan
14    and the rules and regulations based on the plan shall not set
15    priorities  for  use  other  than  in  times  of emergency as
16    defined by the plan and the plan shall encourage  groundwater
17    resource   development   and   economic   growth  within  the
18    limitations of the groundwater resource to meet the needs  of
19    all  users.  Rules and regulations may not deny a groundwater
20    use based solely on the type of use or the location of use.
21        (e)  Upon the adoption of a county  groundwater  quantity
22    management  area  plan,  the  powers  of  the  Department  of
23    Agriculture  and  the  soil  and  water conservation district
24    under the Water  Use  Act  of  1983  and  the  powers  of  an
25    established  water  authority  to  require  the registration,
26    inspection, restriction, or regulation of groundwater use are
27    rescinded.

28        Section 35.  Violations.  The Department may issue orders
29    requiring compliance with this  Act  or  with  rules  adopted
30    under  this  Act.   Any  person  who  violates  or  neglects,
31    refuses,  or  fails  to  obey  any  lawful  order made by the
32    Department, when a copy of the order has been served upon the
33    person by certified mail, may be fined not less  than  $1,000
                            -7-                LRB9109303MWgc
 1    or more than $2,000 per day of violation to be recovered in a
 2    civil  action  in  the  name  of  the  People of the State of
 3    Illinois in any circuit court.

 4        Section  40.  Administrative  review;  exclusive  remedy.
 5    All final administrative decisions of  the  Department  under
 6    this Act are subject to review pursuant to the Administrative
 7    Review  Law.   The rules adopted under this Act and the final
 8    administrative decisions  of  the  Department  shall  be  the
 9    exclusive  remedy  for  well  interference  to domestic wells
10    caused by high capacity wells.

11        Section 800.  The Counties  Code  is  amended  by  adding
12    Section 5-15016.1 as follows:

13        (55 ILCS 5/5-15016.1 new)
14        Sec.   5-15016.1.  Groundwater  management.   The  county
15    board  may  provided  for  the  control  and  management   of
16    groundwater developments in a manner that is not inconsistent
17    with the Illinois Groundwater Quantity Management Act.

18        Section  805.  The  Illinois Municipal Code is amended by
19    changing Section 11-125-2 as follows:

20        (65 ILCS 5/11-125-2) (from Ch. 24, par. 11-125-2)
21        Sec.  11-125-2.  For  the  purpose  of  establishing   or
22    supplying  waterworks  and  to  purchase, extend, improve and
23    operate waterworks, each city or village may  go  beyond  its
24    corporate limits and acquire and hold property by purchase or
25    otherwise,  and  also  may  take  and  condemn  all necessary
26    property therefor, in the manner provided for the  taking  or
27    damaging  of  private property for public uses, including any
28    land now used for highway  purposes  in  or  near  any  basin
29    proposed  to  be  flooded  by  the construction, extension or
                            -8-                LRB9109303MWgc
 1    improvement of any lake by any city or village of this state,
 2    for water supply purposes, provided the highway is capable of
 3    being rerouted, raised or otherwise revised and maintained in
 4    use  and  that   the   city   or   village   requiring   such
 5    reconstruction    shall    either   perform   the   necessary
 6    reconstruction work or pay the full cost thereof to provide a
 7    highway of equal value and usefulness to that existing before
 8    such work is required,  or  provided  the  highway  has  been
 9    vacated   by  order  of  the  highway  authorities  having  a
10    jurisdiction over said highway. The jurisdiction of the  city
11    or  village  to  prevent or punish any pollution or injury to
12    the stream or source of water, or to waterworks,  extends  20
13    miles   beyond  its  corporate  limits,  or  so  far  as  the
14    waterworks may extend.
15    (Source: Laws 1961, p. 576.)

16        Section 810.  The Water Authorities  Act  is  amended  by
17    changing Sections 6 and 8 as follows:

18        (70 ILCS 3715/6) (from Ch. 111 2/3, par. 228)
19        Sec.  6.  Such board of trustees shall have the following
20    powers:
21        1.  To make inspections  of  wells  or  other  withdrawal
22    facilities  and  to  require  information  and  data from the
23    owners or operators thereof concerning the supply, withdrawal
24    and use of water.
25        2.  To require the registration with them of all wells or
26    other withdrawal facilities in accordance with such  form  or
27    forms as they deem advisable.
28        3.  To require permits from them for all additional wells
29    or  withdrawal  facilities or for the deepening, extending or
30    enlarging existing wells or  withdrawal  facilities.  Permits
31    may   set   requirements  based  on  guidelines  set  by  the
32    Department of Natural Resources for the spacing and  location
                            -9-                LRB9109303MWgc
 1    of  wells  and  the  depth  of  wells  and depth of pumps and
 2    settings.  Permits may not be denied to any user based on the
 3    type of use or location of use.  Permit fees may  not  exceed
 4    $50  per individual well or other reasonable amount necessary
 5    to recover the costs of administering the permit program.
 6        4.  To require the plugging of  abandoned  wells  or  the
 7    repair  of any well or withdrawal facility to prevent loss of
 8    water or contamination of supply.
 9        5.  To reasonably regulate the use of  water  and  during
10    any  period  of  actual  or  threatened shortage to establish
11    limits  upon  or  priorities  as  to  the  use  of  water  in
12    accordance with a plan developed by the Department of Natural
13    Resources in consultation with the Board of  Trustees,  other
14    natural  resource agencies, and interested groundwater users.
15    In developing or amending the plan,  the  Department  issuing
16    any  such  regulation,  limitation,  or  priority, such board
17    shall seek to promote the common welfare by  considering  the
18    public  interest,  the average amount of present withdrawals,
19    relative benefits or importance of use, economy or efficiency
20    of use and any other reasonable differentiation.  Appropriate
21    consideration shall also  be  given  to  any  user,  who  has
22    theretofore  reduced  the  volume  of ground water previously
23    consumed by such user or who  has  taken  care  of  increased
24    requirements by installing and using equipment and facilities
25    permitting the use of surface water by such user.
26        6.  To  supplement  the  existing water supply or provide
27    additional water supply by such means as may  be  practicable
28    or  feasible.   They  may acquire property or property rights
29    either within or without the boundaries of the  authority  by
30    purchase,  lease,  condemnation proceedings or otherwise, and
31    they may construct, maintain and operate  wells,  reservoirs,
32    pumping  stations,  purification  plants,  infiltration pits,
33    recharging  wells  and  such  other  facilities  as  may   be
34    necessary  to  insure  an  adequate  supply  of water for the
                            -10-               LRB9109303MWgc
 1    present and future needs of the authority.  They  shall  have
 2    the right to sell water to municipalities or public utilities
 3    operating water distribution systems either within or without
 4    the authority.
 5        7.  To  levy  and  collect  a  general  tax on all of the
 6    taxable  property  within  the  corporate   limits   of   the
 7    authority,  the  aggregate  amount  of  which  for  one year,
 8    exclusive of the amount levied  for  bonded  indebtedness  or
 9    interest  thereon, shall not exceed .08 per cent of the value
10    as equalized or assessed by the Department of  Revenue.   For
11    the purpose of acquiring necessary property or facilities, to
12    issue  general  obligation bonds bearing interest at the rate
13    of not to exceed the maximum  rate  authorized  by  the  Bond
14    Authorization  Act,  as  amended at the time of the making of
15    the contract, and payable over a period of not to  exceed  20
16    years,  the  aggregate  principal  amount of which at any one
17    time outstanding shall not exceed one-half of 1% of the value
18    as equalized or assessed by the Department of Revenue of  all
19    taxable  property  located within the corporate limits of the
20    authority and to levy and collect  a  further  or  additional
21    direct  annual  tax  upon all the taxable property within the
22    corporate limits of such authority  sufficient  to  meet  the
23    principal  and  interest  of  such  bonds as the same mature.
24    They shall also have authority to issue revenue bonds payable
25    solely out of anticipated revenues.
26        8.  To consult with  and  receive  available  information
27    concerning  their  duties and responsibilities from the State
28    Water Survey, the  State  Geological  Survey,  the  Board  of
29    Natural  Resources  and Conservation, the Water Resources and
30    Flood Control Board and any other board or commission of  the
31    State.    Before  constructing  any  facility  for  providing
32    additional  water  supply,  the  plans  therefor   shall   be
33    submitted  to  and  approved  by the Environmental Protection
34    Agency or its successor and all operations of such facilities
                            -11-               LRB9109303MWgc
 1    shall  be  conducted  in  accordance  with  such  rules   and
 2    regulations  as  may  from  time to time be prescribed by the
 3    Pollution Control Board.
 4        9.  To have  the  right  by  appropriate  action  in  the
 5    circuit  court  of any county in which such authority, or any
 6    part  thereof,  is  located  to  restrain  any  violation  or
 7    threatened  violation  of  any  of   their   orders,   rules,
 8    regulations or ordinances.
 9        10.  To  provide  by  ordinance that the violation of any
10    provision of any rule, regulation  or  ordinance  adopted  by
11    them  shall constitute a misdemeanor subject to a fine by the
12    circuit court of not to exceed $50 for each act of  violation
13    and  that  each  day's  violation shall constitute a separate
14    offense.
15        With respect to instruments  for  the  payment  of  money
16    issued  under  this  Section  either before, on, or after the
17    effective date of this amendatory Act  of  1989,  it  is  and
18    always  has  been  the  intention of the General Assembly (i)
19    that  the  Omnibus  Bond  Acts  are  and  always  have   been
20    supplementary   grants  of  power  to  issue  instruments  in
21    accordance with the Omnibus  Bond  Acts,  regardless  of  any
22    provision  of  this Act that may appear to be or to have been
23    more restrictive than those Acts, (ii) that the provisions of
24    this Section  are  not  a  limitation  on  the  supplementary
25    authority  granted  by  the Omnibus Bond Acts, and (iii) that
26    instruments   issued   under   this   Section   within    the
27    supplementary  authority granted by the Omnibus Bond Acts are
28    not invalid because of any provision of  this  Act  that  may
29    appear  to  be  or  to  have been more restrictive than those
30    Acts.
31    (Source: P.A. 86-4.)

32        (70 ILCS 3715/8) (from Ch. 111 2/3, par. 231)
33        Sec. 8. Provisions of this Act shall not apply  to  water
                            -12-               LRB9109303MWgc
 1    used  solely  for  agricultural purposes, farm irrigation, or
 2    water used for  domestic  purposes  where  not  to  exceed  4
 3    families  are  supplied from the same well or other immediate
 4    source.
 5    (Source: Laws 1951, p. 1964.)

 6        Section 815.  The Water Use Act of  1983  is  amended  by
 7    changing  Sections 3, 5, and 5.1 and by adding Section 5.3 as
 8    follows:

 9        (525 ILCS 45/3) (from Ch. 5, par. 1603)
10        Sec. 3.  Purpose.  The general purpose and intent of this
11    Act is to establish a  means  of  reviewing  potential  water
12    conflicts  before  damage  to  any  person is incurred and to
13    establish a rule for mitigating water shortage conflicts by:
14        (a)  Providing  authority  for  County  Soil  and   Water
15    Conservation   Districts   to   receive  notice  of  incoming
16    substantial users of water.
17        (b)  Authorizing  the  Department   of   Agriculture   to
18    restrict  Soil  and Water Conservation Districts to recommend
19    restrictions on withdrawals of groundwater in emergencies.
20        (c)  Establishing a "reasonable use" rule for groundwater
21    withdrawals.
22        (d)  Establishing a procedure for approving  counties  as
23    groundwater  resource  assessment  areas by the Department of
24    Agriculture.
25        (e) Providing for the registration and  annual  reporting
26    of groundwater consumption from substantial users of water to
27    the  county soil and water conservation districts in counties
28    approved  under  the  groundwater  resource  assessment  area
29    provisions of this Act, as a prerequisite for petitioning for
30    the formation of a groundwater quantity management area under
31    the Illinois Groundwater Quantity Management  Act.
32        The requirements of Section 5 and 5.1 of this  Act  shall
                            -13-               LRB9109303MWgc
 1    not  apply  to  the  region governed by the provisions of the
 2    Level of Lake  Michigan  Act  "An  Act  in  relation  to  the
 3    regulation and maintenance of the levels in Lake Michigan and
 4    to  the  Diversion  and  apportionment of water from the Lake
 5    Michigan watershed", approved June 18, 1929, as amended.
 6    (Source: P.A. 85-1330.)

 7        (525 ILCS 45/5) (from Ch. 5, par. 1605)
 8        Sec. 5.  Water Conflict Resolution.  In the event that  a
 9    land  occupier or person proposes  to  develop  a  new  point
10    of  withdrawal,  and  withdrawals  from  the  new  point  can
11    reasonably  be  expected  to  occur  in  excess  of  100,000
12    gallons  on  any   day,   the   land   occupier   or   person
13    shall   notify  the  District before construction of the well
14    begins.   The  District shall  in  turn  notify  other  local
15    units    of    government    with    water     systems    and
16    investor-owned  water  utilities  that who  may  be  affected
17    impacted  by    the   proposed   withdrawal.    The  District
18    shall then request that review  with  the  assistance  of the
19    Illinois   State   Water   Survey   and  the State Geological
20    Survey review the  proposed  point  of  withdrawal's   effect
21    upon   other   users   of   the  water.   The review shall be
22    completed within 30  days  of  receipt  of  the  notice.  The
23    findings  of  such  reviews  shall  be  made  public.
24    (Source: P.A. 85-1330.)

25        (525 ILCS 45/5.1) (from Ch. 5, par. 1605.1)
26        Sec. 5.1. Groundwater Emergency Restrictions.
27        (a)  Each  District within any county in Illinois through
28    which the Iroquois River flows, and each District within  any
29    county  in  Illinois  with  a population in excess of 100,000
30    through which the Mackinaw River  flows,  and  each  District
31    within  any  county  in Illinois with a population of 183,000
32    more than but less than 2,000,000 is designated a groundwater
                            -14-               LRB9109303MWgc
 1    emergency  restriction  area.   In   those   Districts,   the
 2    Department   of   Agriculture   is   authorized  to  restrict
 3    authorized to recommend  to  the  Department  of  Agriculture
 4    restrictions  on  groundwater  withdrawal as provided by this
 5    Section.
 6        A land  occupier  or  person  who  possesses  land  which
 7    contains  a  point of withdrawal that is capable of producing
 8    more than 100,000 gallons of water on any day shall  register
 9    that  point of withdrawal with the District and shall furnish
10    such reasonable data in such form as may be required  by  the
11    District.
12        (b)  The  District,  with  the assistance and approval of
13    the  Department  of  Agriculture,  shall  issue   recommended
14    guidelines  for  the construction of points of withdrawal and
15    the type and setting of pumps for  use  in  those  points  of
16    withdrawal.  Copies of the guidelines shall be made available
17    from the District upon request.
18        (c)  Within  2  working  days  after  receiving a written
19    complaint from a land occupier or a  person  whose  point  of
20    withdrawal  has failed to furnish its normal supply of water,
21    the District shall inform the Illinois State Water Survey and
22    State Geological  Survey  of  the  complaint  so  that  those
23    agencies  may  schedule  an  on-site  investigation.   If the
24    investigation discloses (1)  that  the  point  of  withdrawal
25    fails  to  furnish  its  normal supply of water, (2) that the
26    failure is caused by a substantial lowering of the  level  of
27    groundwater in the area, and (3) that the point of withdrawal
28    and  its  equipment  conform to the recommended guidelines of
29    the District issued under subsection (b), the Illinois  State
30    Water  Survey  and  State  Geological Survey shall inform the
31    Department of Agriculture.  The Department of Agriculture may
32    District may recommend to the Department of Agriculture  that
33    the  Department  restrict the quantity of water that a person
34    may  extract  from  any  point  of  withdrawal   within   the
                            -15-               LRB9109303MWgc
 1    District's boundaries which is capable of producing more than
 2    100,000  gallons  on  any  day.   The  restriction  shall  be
 3    expressed  in  gallons  of  water,  may  apply to one or more
 4    points  of  withdrawal  within  the  District,  and  may   be
 5    broadened or narrowed as appropriate.  The restrictions shall
 6    be lifted as soon as justified by changed conditions.
 7        (d)  If the investigation When a District determines that
 8    restriction  of the withdrawal of water at a particular point
 9    within the District is  necessary  to  preserve  an  adequate
10    water   supply   for  all  residents  in  the  District,  the
11    Department of Agriculture may District may recommend  to  the
12    Department  of  Agriculture  that the Department restrict the
13    quantity of water that may be extracted  from  any  point  of
14    withdrawal  within the District which is capable of producing
15    more  than  100,000  gallons  of  water  on  any  day.    The
16    Department  shall review the District's recommendation and if
17    it  agrees  with  such  recommendation  shall  restrict   the
18    withdrawal  of  water  within the District in accordance with
19    subsection (c) and shall notify each land occupier or  person
20    who  possesses  land  which  contains  a  registered point of
21    withdrawal affected by the restriction.
22        If  the  Department  declines  to  restrict   groundwater
23    withdrawal  disagrees  with the District's recommendation, it
24    shall notify the District, the land occupier  or  the  person
25    who  possesses  land  which  contains  a  registered point of
26    withdrawal affected by a groundwater withdrawal  restriction,
27    the recommendation and the complainant, giving the reason for
28    the  failure  to  restrict groundwater withdrawals affirm the
29    recommendation.  The Department may propose an alternative to
30    a    groundwater     withdrawal     restriction     alternate
31    recommendation.
32        If  the  District,  the  respondent  or  the  complainant
33    disagrees  with  the  decision of the Department, such person
34    may request an administrative hearing to be conducted by  the
                            -16-               LRB9109303MWgc
 1    Department  in  accordance  with  the Illinois Administrative
 2    Procedure Act to show cause concerning its decision.
 3        Final  decisions  of  the  Department  pursuant  to  this
 4    Section may be appealed in accordance with the Administrative
 5    Review Law.
 6        (e)  The Department is authorized to promulgate rules and
 7    regulations,   including    emergency    rules,    for    the
 8    implementation of this amendatory Act of 1987. The Department
 9    may set the general policy for the Districts to follow in the
10    administration of this Act.
11    (Source: P.A. 91-357, eff. 7-29-99.)

12        (525 ILCS 45/5.3 new)
13        Sec.  5.3.  Groundwater  resource  assessment area.  In a
14    county that is experiencing groundwater use conflicts, or has
15    the potential for groundwater  use  conflicts,  the  district
16    board  and  the  county  board  may,  by  resolution  of both
17    governing bodies, request that the Department of  Agriculture
18    designate  the  county  as  a groundwater resource assessment
19    area.  The establishment of a groundwater resource assessment
20    area shall require that all points of withdrawal  capable  of
21    producing  more  than  100,000  gallons  of  water on any day
22    register that point  of  withdrawal  with  the  district  and
23    annually  report to the District total groundwater withdrawal
24    amounts.

25        Section 999.  Effective date.  This Act takes effect upon
26    becoming law.
                            -17-               LRB9109303MWgc
 1                                INDEX
 2               Statutes amended in order of appearance
 3    New Act
 4    55 ILCS 5/5-15016.1 new
 5    65 ILCS 5/11-125-2        from Ch. 24, par. 11-125-2
 6    70 ILCS 3715/6            from Ch. 111 2/3, par. 228
 7    70 ILCS 3715/8            from Ch. 111 2/3, par. 231
 8    525 ILCS 45/3             from Ch. 5, par. 1603
 9    525 ILCS 45/5             from Ch. 5, par. 1605
10    525 ILCS 45/5.1           from Ch. 5, par. 1605.1
11    525 ILCS 45/5.3 new

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