Full Text of SB2370 95th General Assembly
SB2370 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2370
Introduced 2/14/2008, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
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525 ILCS 45/3 |
from Ch. 5, par. 1603 |
525 ILCS 45/4 |
from Ch. 5, par. 1604 |
525 ILCS 45/5 |
from Ch. 5, par. 1605 |
525 ILCS 45/5.1 |
from Ch. 5, par. 1605.1 |
525 ILCS 45/5.2 |
from Ch. 5, par. 1605.2 |
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Amends the Water Use Act of 1983. Defines "high-capacity well". Imposes further restrictions on high-capacity wells and expands notice requirements. Makes other changes. Effective immediately.
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A BILL FOR
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SB2370 |
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LRB095 16836 RCE 42874 b |
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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, 5.1, and 5.2 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 , | 15 |
| working with the Survey (as defined in Section 4 of this Act) | 16 |
| to restrict recommend
restrictions on
withdrawals of | 17 |
| groundwater in emergencies.
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| (c) Establishing a "reasonable use" rule for groundwater | 19 |
| withdrawals.
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| The requirements of Section 5 and 5.1 of this Act shall not | 21 |
| apply to the region
governed by the provisions of "An Act in | 22 |
| relation to the regulation and
maintenance of the levels in | 23 |
| Lake Michigan and to the Diversion and apportionment
of water |
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| from the Lake Michigan watershed", approved June 18, 1929, as | 2 |
| 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 | 6 |
| context otherwise requires:
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| (a) "Department" means the Illinois Department of | 8 |
| Agriculture.
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| (b) "District" or "Soil and Water Conservation District" | 10 |
| means a public
body, corporate and political, organized under | 11 |
| the "Soil and Water Conservation
Districts Act".
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| (c) "Groundwater" means underground water which occurs | 13 |
| within the
saturated zone and geologic materials where the | 14 |
| fluid pressure in the pore
space is equal to or greater than | 15 |
| atmospheric pressure.
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| (d) "High-capacity well" means a well where the rate or | 17 |
| capacity of withdrawal of all wells on one property is in | 18 |
| excess of 70 gallons of water per minute, or 100,000 gallons on | 19 |
| any day. | 20 |
| (e) (d) "Land occupier" or "occupier of land" includes any | 21 |
| individual, firm
or corporation, other than the owner, who is | 22 |
| in legal possession of any
land in the State of Illinois | 23 |
| whether as a lessee, renter, tenant or otherwise.
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| (f) (e) "Person" means any owner of land or the owners'
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| designated agent including
any individual, partnership, firm, |
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| association, joint venture, corporation, trust,
estate, | 2 |
| commission, board, public or private institution, unit of local
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| government, school district, political subdivision of this | 4 |
| state, state
agency, any interstate body or any other legal | 5 |
| entity.
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| (g) (f) "Point of withdrawal" means that point at which | 7 |
| underground water is
diverted by a person from its natural | 8 |
| state.
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| (h) (g) "Reasonable use" means the use of water to meet | 10 |
| natural
wants and a fair share for artificial wants. It does | 11 |
| not include water
used wastefully or maliciously.
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| (i) (h) "State" means the State of Illinois.
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| (j) "Survey" means Illinois State Water Survey. | 14 |
| (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 | 17 |
| occupier or person
proposes to develop a new point of | 18 |
| withdrawal, and
withdrawals from the new point is a | 19 |
| high-capacity well can reasonably be expected to occur
in | 20 |
| excess of 100,000
gallons on any day , the land occupier or | 21 |
| person shall notify
the District before construction of the | 22 |
| well begins. The District
shall in turn notify other local
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| units of government and adjacent Districts with water systems | 24 |
| who may be impacted by
the proposed withdrawal. The District | 25 |
| shall then review with
the assistance of the Illinois State |
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| Water Survey and the State
Geological Survey the proposed
point | 2 |
| of withdrawal's effect upon other users of the water.
The | 3 |
| review shall be completed within 30 days of receipt of the | 4 |
| notice.
The findings of such reviews shall be made public , and | 5 |
| the Illinois State Water Survey shall post all findings on its | 6 |
| website .
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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 | 11 |
| which the Iroquois River flows, and each
District within any | 12 |
| county in Illinois with a population in excess of
100,000 | 13 |
| through which the Mackinaw River flows, is authorized
to | 14 |
| recommend to the Department of Agriculture restrictions on | 15 |
| groundwater
withdrawal as provided by this Section.
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| A land occupier or person who
possesses land which contains | 17 |
| an existing a point of withdrawal that is a high-capacity well | 18 |
| or is proposing a new point of withdrawal that is a | 19 |
| high-capacity well capable of
producing more than 100,000 | 20 |
| gallons of water on any day shall register that
point of | 21 |
| 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 | 24 |
| Department of
Agriculture and the Survey , shall issue | 25 |
| recommended guidelines for the construction of
points of |
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| withdrawal and the type and setting of pumps for use in those
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| points of withdrawal. Copies of the guidelines shall be made | 3 |
| available
from the District upon request and posted on the | 4 |
| Internet .
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| (c) Within 2 working days after receiving a written | 6 |
| complaint from a
land occupier or a person whose point of | 7 |
| withdrawal has failed to furnish
its normal supply of water, | 8 |
| the District shall schedule an on-site
investigation. If the | 9 |
| investigation discloses (1) that the point of
withdrawal fails | 10 |
| to furnish its normal supply of water, (2) that the
failure is | 11 |
| 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 | 13 |
| equipment conform to
the recommended guidelines of the District | 14 |
| issued under subsection (b), the
District may recommend to the | 15 |
| Department of Agriculture that the Department
restrict the | 16 |
| quantity of water that a person may extract from any | 17 |
| high-capacity well point of
withdrawal within the District's | 18 |
| boundaries which is capable of producing
more than 100,000 | 19 |
| gallons on any day. The restriction shall be expressed
in | 20 |
| gallons of water, may apply to one or more points of withdrawal | 21 |
| within
the District, and may be broadened or narrowed as | 22 |
| appropriate. The
restrictions shall be lifted as soon as | 23 |
| justified by changed conditions.
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| (d) When a District determines that restriction of the | 25 |
| withdrawal of
water at a particular point within the District | 26 |
| is necessary to preserve an
adequate water supply for all |
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| residents in the District, the District shall may
recommend to | 2 |
| the Department of Agriculture that the Department restrict the
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| quantity of water that may be extracted from any point of | 4 |
| withdrawal within
the District which is a high-capacity well | 5 |
| capable of producing more than 100,000 gallons of
water on any | 6 |
| day . The Department shall review the District's
recommendation | 7 |
| and if it agrees with such recommendation shall restrict the
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| withdrawal of water within the District in accordance with | 9 |
| subsection (c)
and shall notify each land occupier or person | 10 |
| who possesses land which
contains a registered point of | 11 |
| withdrawal affected by the restriction.
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| If the Department disagrees with the District's | 13 |
| recommendation, it shall
notify the District, the land occupier | 14 |
| or the person who possesses land
which contains a registered | 15 |
| point of withdrawal affected by the
recommendation and the | 16 |
| complainant, giving the reason for the failure to
affirm the | 17 |
| recommendation. The Department may propose an alternate
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| recommendation.
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| If the District, the respondent or the complainant | 20 |
| disagrees with the
decision of the Department, such person may | 21 |
| request an administrative hearing
to
be conducted by the | 22 |
| 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 | 25 |
| may be
appealed in accordance with the Administrative Review | 26 |
| 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 | 3 |
| of this
amendatory Act of 1987.
The Department may set the | 4 |
| general policy for the Districts to follow in
the | 5 |
| administration of this Act.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| (525 ILCS 45/5.2) (from Ch. 5, par. 1605.2)
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| Sec. 5.2. Investigation and review - Entry upon land. | 9 |
| Persons investigating a complaint or conducting a review on | 10 |
| behalf of the
Department , the Survey, or District of
the impact | 11 |
| of a proposed or existing well that is required to be | 12 |
| registered
may enter upon private property for the purpose of | 13 |
| conducting an
investigation and may review any records | 14 |
| pertaining to pumping data.
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| (Source: P.A. 85-1330.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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