State of Illinois
90th General Assembly

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      525 ILCS 45/5.1           from Ch. 5, par. 1605.1
          Amends the Water Use Act of 1983 to allow each  Soil  and
      Water  Conservation  District  within  a county in this State
      (now,  only  Districts  within  counties  through  which  the
      Iroquois River flows and each District within a county with a
      population over  100,000  through  which  the  Makinaw  River
      flows)   to   recommend  to  the  Department  of  Agriculture
      restrictions    on    groundwater    withdrawal.    Effective
 1        AN ACT to amend the Water Use Act  of  1983  by  changing
 2    Section 5.1 as follows:
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5. The Water  Use  Act  of  1983  is  amended  by
 6    changing Section 5.1 as follows:
 7        (525 ILCS 45/5.1) (from Ch. 5, par. 1605.1)
 8        Sec. 5.1. Groundwater emergency restrictions.
 9        (a)  Each  District within any county in Illinois through
10    which the Iroquois River flows, and each District within  any
11    county  in  Illinois  with  a population in excess of 100,000
12    through which the Mackinaw  River  flows,  is  authorized  to
13    recommend  to  the  Department of Agriculture restrictions on
14    groundwater withdrawal as provided by this Section.
15        A land  occupier  or  person  who  possesses  land  which
16    contains  a  point of withdrawal that is capable of producing
17    more than 100,000 gallons of water on any day shall  register
18    that  point of withdrawal with the District and shall furnish
19    such reasonable data in such form as may be required  by  the
20    District.
21        (b)  The  District,  with  the assistance and approval of
22    the  Department  of  Agriculture,  shall  issue   recommended
23    guidelines  for  the construction of points of withdrawal and
24    the type and setting of pumps for  use  in  those  points  of
25    withdrawal.  Copies of the guidelines shall be made available
26    from the District upon request.
27        (c)  Within  2  working  days  after  receiving a written
28    complaint from a land occupier or a  person  whose  point  of
29    withdrawal  has failed to furnish its normal supply of water,
30    the District shall schedule an on-site investigation.  If the
31    investigation discloses (1)  that  the  point  of  withdrawal
                            -2-                LRB9002842DPcc
 1    fails  to  furnish  its  normal supply of water, (2) that the
 2    failure is caused by a substantial lowering of the  level  of
 3    groundwater in the area, and (3) that the point of withdrawal
 4    and  its  equipment  conform to the recommended guidelines of
 5    the District issued under subsection (b),  the  District  may
 6    recommend   to   the   Department  of  Agriculture  that  the
 7    Department restrict the quantity of water that a  person  may
 8    extract  from  any  point of withdrawal within the District's
 9    boundaries which is capable of producing  more  than  100,000
10    gallons  on  any  day.  The restriction shall be expressed in
11    gallons of  water,  may  apply  to  one  or  more  points  of
12    withdrawal  within  the  District,  and  may  be broadened or
13    narrowed as appropriate.  The restrictions shall be lifted as
14    soon as justified by changed conditions.
15        (d)  When a District determines that restriction  of  the
16    withdrawal of water at a particular point within the District
17    is  necessary  to  preserve  an adequate water supply for all
18    residents in the District, the District may recommend to  the
19    Department  of  Agriculture  that the Department restrict the
20    quantity of water that may be extracted  from  any  point  of
21    withdrawal  within the District which is capable of producing
22    more  than  100,000  gallons  of  water  on  any  day.    The
23    Department  shall review the District's recommendation and if
24    it  agrees  with  such  recommendation  shall  restrict   the
25    withdrawal  of  water  within the District in accordance with
26    subsection (c) and shall notify each land occupier or  person
27    who  possesses  land  which  contains  a  registered point of
28    withdrawal affected by the restriction.
29        If  the  Department   disagrees   with   the   District's
30    recommendation,  it  shall  notify  the  District,  the  land
31    occupier  or  the  person who possesses land which contains a
32    registered point of withdrawal affected by the recommendation
33    and the complainant, giving the reason  for  the  failure  to
34    affirm  the  recommendation.   The  Department may propose an
                            -3-                LRB9002842DPcc
 1    alternate recommendation.
 2        If  the  District,  the  respondent  or  the  complainant
 3    disagrees with the decision of the  Department,  such  person
 4    may  request an administrative hearing to be conducted by the
 5    Department in accordance with  the  Administrative  Procedure
 6    Act to show cause concerning its decision.
 7        Final  decisions  of  the  Department  pursuant  to  this
 8    Section may be appealed in accordance with the Administrative
 9    Review Law.
10        (e)  The Department is authorized to promulgate rules and
11    regulations,    including    emergency    rules,    for   the
12    implementation of this Amendatory Act of 1987. The Department
13    may set the general policy for the Districts to follow in the
14    administration of this Act.
15    (Source: P.A. 85-1330.)
16        Section 99.  Effective date.  This Act takes effect  upon
17    becoming law.

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