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90_HB2017 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 immediately. LRB9002842DPcc LRB9002842DPcc 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
through10 which the Iroquois River flows, and each District within any11 county in Illinois with a population in excess of 100,00012 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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