Full Text of SB2184 96th General Assembly
SB2184enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning conservation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Water Use Act of 1983 is amended by changing | 5 |
| Sections 3, 4, 5, and 5.1 and by adding Section 5.3 as follows:
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| (525 ILCS 45/3) (from Ch. 5, par. 1603)
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| Sec. 3. Purpose. The general purpose and intent of this Act | 8 |
| is to establish
a means of reviewing potential water conflicts | 9 |
| before damage to
any person is incurred and to establish a rule | 10 |
| for mitigating water shortage
conflicts by:
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| (a) Providing authority for County Soil and Water | 12 |
| Conservation Districts
to receive notice of incoming | 13 |
| substantial users of water.
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| (b) Authorizing Soil and Water Conservation Districts to | 15 |
| recommend
restrictions on
withdrawals of groundwater in | 16 |
| emergencies.
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| (c) Establishing a "reasonable use" rule for groundwater | 18 |
| withdrawals.
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| The requirements of Section 5 and 5.1 of this Act shall not | 20 |
| apply to the region
governed by the provisions of "An Act in | 21 |
| relation to the regulation and
maintenance of the levels in | 22 |
| Lake Michigan and to the Diversion and apportionment
of water | 23 |
| from the Lake Michigan watershed", approved June 18, 1929, as |
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| amended.
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| (Source: P.A. 85-1330.)
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| (525 ILCS 45/4) (from Ch. 5, par. 1604)
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| Sec. 4. Definitions. As used in this Act, unless the | 5 |
| context otherwise requires:
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| (a) "Department" means the Illinois Department of | 7 |
| Agriculture.
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| (b) "District" or "Soil and Water Conservation District" | 9 |
| means a public
body, corporate and political, organized under | 10 |
| the "Soil and Water Conservation
Districts Act".
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| "Geological Survey" means the Illinois State Geological | 12 |
| Survey. | 13 |
| (c) "Groundwater" means underground water which occurs | 14 |
| within the
saturated zone and geologic materials where the | 15 |
| fluid pressure in the pore
space is equal to or greater than | 16 |
| atmospheric pressure.
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| "High-capacity intake" means a surface water intake | 18 |
| located on a parcel of property where the rate or capacity of | 19 |
| water withdrawal of all intakes for the property is equal to or | 20 |
| in excess of 100,000 gallons during any 24-hour period. | 21 |
| "High-capacity well" means a well located on a parcel of | 22 |
| property where the rate or capacity of water withdrawal of all | 23 |
| wells on the property is equal to or in excess of 100,000 | 24 |
| gallons during any 24-hour period. | 25 |
| (d) "Land occupier" or "occupier of land" includes any |
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| individual, firm
or corporation, other than the owner, who is | 2 |
| in legal possession of any
land in the State of Illinois | 3 |
| whether as a lessee, renter, tenant or otherwise.
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| (e) "Person" means any owner of land or the owners'
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| designated agent including
any individual, partnership, firm, | 6 |
| association, joint venture, corporation, trust,
estate, | 7 |
| commission, board, public or private institution, unit of local
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| government, school district, political subdivision of this | 9 |
| state, state
agency, any interstate body or any other legal | 10 |
| entity.
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| (f) "Point of withdrawal" means that point at which | 12 |
| underground water is
diverted by a person from its natural | 13 |
| state.
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| "Public water supply" means all mains, pipes, and | 15 |
| structures through which water is obtained and distributed to | 16 |
| the public, including wells and well structures, intakes and | 17 |
| cribs, pumping stations, treatment plants, reservoirs, storage | 18 |
| tanks, and appurtenances, collectively or severally, actually | 19 |
| used or intended for use for the purpose of furnishing water | 20 |
| for drinking or general domestic use and which serve at least | 21 |
| 15 service connections or which regularly serve at least 25 | 22 |
| persons at least 60 days per year. | 23 |
| (g) "Reasonable use" means the use of water to meet natural
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| wants and a fair share for artificial wants. It does not | 25 |
| include water
used wastefully or maliciously.
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| (h) "State" means the State of Illinois.
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| "Surface water" means a pond, lake, reservoir, stream, | 2 |
| creek, or river. | 3 |
| "Water authority" means a local governmental body | 4 |
| established by referendum under the Water Authorities Act (70 | 5 |
| ILCS 3715/). | 6 |
| "Water survey" means the Illinois State Water Survey. | 7 |
| (Source: P.A. 85-1330.)
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| (525 ILCS 45/5) (from Ch. 5, par. 1605)
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| Sec. 5. Water Conflict Resolution. In the event that a land | 10 |
| occupier or person
proposes to develop a new point of | 11 |
| withdrawal, and
withdrawals from the new point is a | 12 |
| high-capacity well can reasonably be expected to occur
in | 13 |
| excess of 100,000
gallons on any day , the land occupier or | 14 |
| person shall notify
the District before construction of the | 15 |
| well begins. The District
shall in turn notify other local
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| units of government with water systems who may be impacted by
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| the proposed withdrawal. The District shall then review with
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| the assistance of the Illinois State Water Survey and the State
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| Geological Survey the proposed
point of withdrawal's effect | 20 |
| upon other users of the water.
The review shall be completed | 21 |
| within 30 days of receipt of the notice.
The findings of such | 22 |
| reviews shall be made public.
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| (Source: P.A. 85-1330.)
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| (525 ILCS 45/5.1) (from Ch. 5, par. 1605.1)
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| Sec. 5.1. Groundwater Emergency Restrictions.
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| (a) Each District within
any county in Illinois through | 3 |
| which the Iroquois River flows, and each
District within any | 4 |
| county in Illinois with a population in excess of
100,000 | 5 |
| through which the Mackinaw River flows, is authorized
to | 6 |
| recommend to the Department of Agriculture restrictions on | 7 |
| groundwater
withdrawal as provided by this Section.
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| A land occupier or person who
possesses land which contains | 9 |
| an existing a point of withdrawal that is a high-capacity well | 10 |
| or is proposing a new point of withdrawal that is a | 11 |
| high-capacity well capable of
producing more than 100,000 | 12 |
| gallons of water on any day shall register that
point of | 13 |
| withdrawal with the District and shall furnish such reasonable
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| data in such form as may be required by the District.
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| (b) The District, with the assistance and approval of the | 16 |
| Department of
Agriculture, shall issue recommended guidelines | 17 |
| for the construction of
points of withdrawal and the type and | 18 |
| setting of pumps for use in those
points of withdrawal. Copies | 19 |
| of the guidelines shall be made available
from the District | 20 |
| upon request.
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| (c) Within 2 working days after receiving a written | 22 |
| complaint from a
land occupier or a person whose point of | 23 |
| withdrawal has failed to furnish
its normal supply of water, | 24 |
| the District shall schedule an on-site
investigation. If the | 25 |
| investigation discloses (1) that the point of
withdrawal fails | 26 |
| to furnish its normal supply of water, (2) that the
failure is |
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| caused by a substantial lowering of the level of groundwater in
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| the area, and (3) that the point of withdrawal and its | 3 |
| equipment conform to
the recommended guidelines of the District | 4 |
| issued under subsection (b), the
District may recommend to the | 5 |
| Department of Agriculture that the Department
restrict the | 6 |
| quantity of water that a person may extract from any | 7 |
| high-capacity well point of
withdrawal within the District's | 8 |
| boundaries which is capable of producing
more than 100,000 | 9 |
| gallons on any day . The restriction shall be expressed
in | 10 |
| gallons of water, may apply to one or more points of withdrawal | 11 |
| within
the District, and may be broadened or narrowed as | 12 |
| appropriate. The
restrictions shall be lifted as soon as | 13 |
| justified by changed conditions.
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| (d) When a District determines that restriction of the | 15 |
| withdrawal of
water at a particular point within the District | 16 |
| is necessary to preserve an
adequate water supply for all | 17 |
| residents in the District, the District may
recommend to the | 18 |
| Department of Agriculture that the Department restrict the
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| quantity of water that may be extracted from any point of | 20 |
| withdrawal within
the District which is a high-capacity well | 21 |
| capable of producing more than 100,000 gallons of
water on any | 22 |
| day . The Department shall review the District's
recommendation | 23 |
| and if it agrees with such recommendation shall restrict the
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| withdrawal of water within the District in accordance with | 25 |
| subsection (c)
and shall notify each land occupier or person | 26 |
| who possesses land which
contains a registered point of |
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| withdrawal affected by the restriction.
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| If the Department disagrees with the District's | 3 |
| recommendation, it shall
notify the District, the land occupier | 4 |
| or the person who possesses land
which contains a registered | 5 |
| point of withdrawal affected by the
recommendation and the | 6 |
| complainant, giving the reason for the failure to
affirm the | 7 |
| recommendation. The Department may propose an alternate
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| recommendation.
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| If the District, the respondent or the complainant | 10 |
| disagrees with the
decision of the Department, such person may | 11 |
| request an administrative hearing
to
be conducted by the | 12 |
| Department in accordance with the Illinois
Administrative
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| Procedure Act to show cause concerning its decision.
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| Final decisions of the Department pursuant to this Section | 15 |
| may be
appealed in accordance with the Administrative Review | 16 |
| Law.
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| (e) The Department is authorized to promulgate rules and
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| regulations, including emergency rules, for the implementation | 19 |
| of this
amendatory Act of 1987.
The Department may set the | 20 |
| general policy for the Districts to follow in
the | 21 |
| administration of this Act.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| (525 ILCS 45/5.3 new) | 24 |
| Sec. 5.3. Water use reporting. Any person or land occupier | 25 |
| that is responsible for a point of withdrawal classified as a |
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| high-capacity well, high-capacity intake, or public water | 2 |
| supply shall participate in the Illinois State Water Survey's | 3 |
| Illinois Water Inventory Program. However, high-capacity wells | 4 |
| used for agricultural irrigation and high-capacity intakes | 5 |
| used for agricultural irrigation are exempt from this Section | 6 |
| for the first 5 years after the effective date of this | 7 |
| amendatory Act of the 96th General Assembly. A person or land | 8 |
| occupier that is responsible for a point of withdrawal | 9 |
| classified as a high-capacity well or high-capacity intake used | 10 |
| for irrigation for agriculture shall determine water use | 11 |
| through estimation methods deemed acceptable by the Illinois | 12 |
| State Water Survey. A person or land occupier that is | 13 |
| responsible for a point of withdrawal that is classified as a | 14 |
| high-capacity well or a high-capacity intake used for | 15 |
| irrigation that lies within the boundaries of a water authority | 16 |
| or other local government entity that estimates irrigation | 17 |
| withdrawals through a method deemed acceptable by the Illinois | 18 |
| State Water Survey is exempt from participating as an | 19 |
| individual in the Illinois Water Inventory Program.
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| Section 99. Effective date. This Act takes effect January | 21 |
| 1, 2010.
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