State of Illinois
92nd General Assembly

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 1        AN ACT in relation to waterways.

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

 4        Section 5.  The Rivers, Lakes, and Streams Act is amended
 5    by changing Section 23 as follows:

 6        (615 ILCS 5/23) (from Ch. 19, par. 70)
 7        Sec. 23. It is shall be the duty  of  the  Department  of
 8    Natural  Resources  to maintain stream gauge stations, and to
 9    make careful investigations of the streams of the State  with
10    reference  to  the  carrying  capacity of all such streams in
11    times of flood and under normal conditions;  to  prevent  the
12    carrying  capacity  of  streams to be limited and impaired by
13    fills, deposits, obstructions, encroachments therein, deposit
14    of debris or material of  any  kind,  including  trees,  tree
15    limbs,  logs,  shrubbery,  or  related  growths and trimmings
16    therefrom in or upon the bank of any waters and water courses
17    or in such proximity to such waters and water courses or  any
18    tributary thereto where the same shall be liable to be washed
19    into or deposited along such waters and water courses, either
20    by normal or flood flows, as a result of storms or otherwise,
21    which  may  in any manner impede or obstruct the natural flow
22    of such waters and water courses, or bridges over same, to an
23    extent where the same cannot  safely  dispose  of  the  flood
24    waters   which  may  naturally,  lawfully,  and  properly  be
25    discharged therein; to require such changes in bridges across
26    any navigable waters or streams,  or  bodies  of  water  made
27    navigable,  necessary  to  meet the demands of navigation and
28    commerce thereon;  and  to  establish  by  regulations  water
29    levels  below  which  water  cannot be drawn down behind dams
30    from any stream or river within the  State  of  Illinois,  in
31    order  to retain enough water in such streams to preserve the
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 1    fish and other aquatic life in the stream, and  to  safeguard
 2    the  health  of the community.  If the capacity of any stream
 3    is limited and impaired by reason  of  any  of  the  Acts  or
 4    construction  in  this  Act  provided,  so as to constitute a
 5    menace to property along the course of said stream or  safety
 6    of  the  people of the State, or results in damage, overflow,
 7    or an interruption to navigation, or if water is being  drawn
 8    down,  or  is  about to be drawn down in contravention of the
 9    water level regulations established by  the  Department,  the
10    Department of Natural Resources shall take such action as may
11    be  required,  by  injunction  or  otherwise, to prevent such
12    encroachments or the erection of such structures,  or  compel
13    the  removal  or  modification  of  same, or to prevent water
14    being  drawn  down  below  the  levels  established  by   the
15    Department.   It  shall  be unlawful for any person, persons,
16    corporations,  counties,  cities,  municipalities,  or  other
17    agency to make any fill, deposit, or encroachment in, deposit
18    or placement of felled or trimmed woody plant upon  or  along
19    the  bank,  or  erect  any  bridges  over a stream that has a
20    drainage area of one square mile or more in urban areas or 10
21    square miles or more in rural areas,  until  plans,  profiles
22    and specifications and other data which may be required, have
23    been  first filed with the Department of Natural Resources of
24    this State, and a written permit received therefor.
25        The Department of Natural  Resources  is  authorized,  in
26    case of existing dams, to require that the dams be maintained
27    in  a  proper  state  of  repair,  and at a height for proper
28    control of water levels in the disposal of flood  waters  and
29    at  normal  stages,  and for such purposes to require changes
30    and modifications therein, and to compel the installation  of
31    fishways   in   dams  wherever  deemed  necessary;  provided,
32    however, that the enactment by any governmental unit  of  any
33    new  rule,  regulation, ordinance, law, or other requirements
34    passed after the construction of an existing dam,  shall  not
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 1    be  construed to give the Department of Natural Resources the
 2    power  or  authority  to  require  changes  in  the   design,
 3    structure,   or   construction,   of   any  existing  dam  in
 4    conformance with all  applicable standards  existing  at  the
 5    time of its construction and which is in good repair.
 6    (Source: P.A. 89-445, eff. 2-7-96.)

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