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91_HB3100ham001
LRB9108571RCpkam03
1 AMENDMENT TO HOUSE BILL 3100
2 AMENDMENT NO. . Amend House Bill 3100 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 Riparian Rights Act.
6 Section 5. Definitions. In this Act:
7 "Drain" means that part of the lowest horizontal piping
8 of a drainage system that receives the discharge from soil,
9 waste, and other drainage pipes inside the walls of a
10 building and conveys it to 5 feet beyond the foundation walls
11 where it is connected to the building sewer and does not
12 include agricultural drainage tile or agricultural drainage
13 tile outlets.
14 "Building sewer" means that part of the horizontal piping
15 of a drainage system that extends from the end of the drain,
16 receives the discharge of the drain, and conveys it to a
17 public sewer or private sewage disposal system.
18 "Impoundment" means water held back by a dam, dike,
19 floodgate, or other barrier.
20 "Inland lake" means a natural or artificial lake, pond,
21 or impoundment; a river or creek that may or may not be
22 serving as a drain; or any other body of water that has
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1 definite banks, a bed, and visible evidence of a continued
2 flow or continued occurrence of water. "Inland lake" does
3 not include:
4 (1) Lake Michigan or any other public bodies of
5 water administered under the Rivers, Lakes, and Streams
6 Act or any body of water that the Illinois Department of
7 Natural Resources owns or has a property interest in;
8 (2) Kaskaskia River below Carlyle Dam or water
9 storage in Carlyle Lake and Lake Shelbyville administered
10 under the Kaskaskia River Watershed and Basin Act;
11 (3) Water storage in Rend Lake administered under
12 the Rend Lake Dam and Reservoir on the Big Muddy River
13 Act; or
14 (4) Water storage in Kinkaid Lake administered
15 under the Big Kinkaid Creek Reservoir Act.
16 "Marina" means a commercial business that is owned or
17 operated by a person, with facilities that extend into or
18 over an inland lake, and offers service to the public or
19 members of the marina for docking, loading, or other
20 servicing of recreational watercraft.
21 "Ordinary high-water mark" means the line between upland
22 and bottomland that persists through successive changes in
23 water levels, below which the presence and action of the
24 water is so common or recurrent that the character of the
25 land is marked distinctly from the upland and is apparent in
26 the soil itself, the configuration of the surface of the
27 soil, and the vegetation. On an inland lake that has a level
28 established by law, it means the high established level.
29 Where water returns to its natural level as the result of the
30 permanent removal or abandonment of a dam, it means the
31 natural ordinary high-water mark.
32 "Property owners' association" means any group of
33 organized property owners publishing a directory of their
34 membership, the majority of which are riparian owners or
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1 members of a private trust that owns riparian property
2 located on the inland lake.
3 "Riparian owner" means a person or property owners'
4 association that has riparian rights.
5 "Riparian rights" means those rights to the access and
6 use of the water associated with the ownership of the bank or
7 shore of an inland lake.
8 "Seasonal structure" includes any type of dock, boat
9 hoist, ramp, raft, or other recreational structure that is
10 placed into an inland lake and removed at the end of the
11 boating season.
12 "Structure" includes a marina, wharf, dock, pier, dam,
13 weir, stream deflector, breakwater, groin, jetty, sewer,
14 pipeline, cable, and bridge.
15 "Reasonable use" by riparian owners includes the use of
16 the water for the purposes of sport fishing, swimming, and
17 related activities including (i) the establishment and
18 maintenance of private beaches, (ii) the use and operation of
19 recreational watercraft including the erection and
20 maintenance of private seasonal structures for the launching,
21 docking, and mooring of recreational watercraft, and (iii)
22 the supplying of water for private, noncommercial use.
23 "Commercial" means a business offering the sale of goods
24 or services to the public without regard to their riparian
25 property owner's status.
26 "Private" means applying to riparian property owners or
27 property owners' association noncommercial activities.
28 Section 10. Riparian rights. In those counties where
29 the population exceeds 3,000,000 persons, or in counties that
30 are adjacent to counties with over 3,000,000 persons, a
31 riparian owner has the following rights except as otherwise
32 prohibited or conditioned by law:
33 (1) A riparian owner may place a seasonal structure
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1 into an inland lake to facilitate private noncommercial
2 recreational use of the water if it does not unreasonably
3 interfere with the use of the water by others entitled to
4 use the water or interfere with water flow.
5 (2) A riparian owner may reasonably sand beaches to
6 the existing water's edge.
7 (3) A riparian owner may construct and operate a
8 pollution control facility that is approved for
9 construction by the Environmental Protection Agency under
10 the Environmental Protection Act.
11 (4) A riparian owner may construct and maintain
12 privately owned cooling or storage ponds used in
13 connection with a public utility except at the interface
14 with public waters that are approved for construction by
15 the Environmental Protection Agency under the
16 Environmental Protection Act.
17 Section 15. Nothing in this Act prohibits a public
18 utility or a power plant from the lawful construction,
19 maintenance, or removal of facilities on lakes, streams, or
20 waterways to ensure the safe, reliable, and efficient
21 operation of the public utility or power plant.".