SB3026 104TH GENERAL ASSEMBLY

LRB104 18821 WRO 32266 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3026

Introduced 1/28/2026, by Sen. Mike Simmons

SYNOPSIS AS INTRODUCED:

525 ILCS 45/5	from Ch. 5, par. 1605
525 ILCS 45/5.1	from Ch. 5, par. 1605.1

Amends the Water Use Act of 1983. Provides that the findings concerning a proposed point of withdrawal's effects upon other users of water shall be published on a publicly available website. Provides that each District within any county in Illinois with a population in excess of 10,000 (rather than 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 withdrawals. Provides that, if an onsite 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 shall (rather than 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 within the District's boundaries. Provides that the restrictions may be lifted or modified as soon as justified by changed conditions (rather than shall be lifted as soon as justified by changed conditions). Provides that 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 shall (rather than 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. Provides that, if the Department disagrees with the District's recommendation, the Department shall (rather than may) propose an alternate recommendation.

A BILL FOR

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 5 and 5.1 as follows:

(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 the new point is a high-capacity well, 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 posted on a publicly available website made public.

(Source: P.A. 96-222, eff. 1-1-10.)

(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 10,000 100,000 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 point of withdrawal that is a high-capacity well or is proposing a new point of withdrawal that is a high-capacity well 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 shall 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 within the District's boundaries. 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 may shall be lifted or modified 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 shall 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. 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 shall 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. 96-222, eff. 1-1-10.)