There is a newer version of the Illinois Compiled Statutes
2005 Illinois 65 ILCS 5/ Illinois Municipal Code. Division 138 - Locating Source Of Water Supply Outside Of Municipalities
(65 ILCS 5/11‑138‑1) (from Ch. 24, par. 11‑138‑1)
Sec. 11‑138‑1.
Any water company organized under the laws of this state for
the purpose of supplying any municipality or the inhabitants thereof with
water, may locate its source of supply at, or change its source of supply
to, a point not more than 20 miles beyond the corporate limits of the
municipality. Such company may enter upon any land and take and damage
private property beyond those corporate limits, (1) for the construction,
maintenance, and operation of a line or lines of water‑pipe to the source
of supply, (2) for the necessary pumping stations, reservoirs, and other
appurtenances, and (3) for the protection of all reservoirs, submerged
land, and source of supply from contamination, pollution, or damage from
any cause whatsoever.
Such a company may construct, maintain, and operate beyond those
corporate limits such a line or lines of water‑pipe across or under any
railroad right‑of‑way, and in and under any public or private road,
highway, street, alley, or public ground, or across or under any of the
waters within this state, subject, however, to these conditions: (1) such a
line or lines of water‑pipe shall not interfere with any railroad, or with
any sewer, gas pipes, water‑pipes, or other conduit, already laid in or
under any public or private road, highway, street, alley, or public ground
by public authority; (2) such a company, in the construction and repair of
such a line or lines of water‑pipe, shall restore any public or private
road, highway, street, alley, or public ground that is damaged to the same
condition as before, and shall not unnecessarily interfere with the public
use of the navigation of any of the specified waters; and (3) the laying of
the water‑pipes and construction of the other works shall be done under
such reasonable regulations as the corporate authorities of any township or
municipality wherein that work is done may prescribe.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑138‑2) (from Ch. 24, par. 11‑138‑2)
Sec. 11‑138‑2.
Whenever it is necessary for the construction, maintenance,
and operation of such a line or lines of water‑pipe, pumping stations,
reservoirs, other appurtenances, or for the protection of reservoirs,
submerged land, and the source of supply from contamination, pollution, or
damage from any cause, to take or damage private property adjacent to these
improvements, that property may be taken or damaged, and the compensation
therefor may be ascertained and paid in the manner which may be then
provided by law for the exercise of the right of eminent domain.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑138‑3) (from Ch. 24, par. 11‑138‑3)
Sec. 11‑138‑3.
Any person who unlawfully and intentionally molests or
destroys any part of such a line of water‑pipe, pumping station, reservoir,
or other appurtenance, or the material or property belonging to a specified
water company, or who in any manner interferes with the construction,
maintenance, or operation of the property specified in this section is
guilty of a petty offense. But a prosecution under the provisions of this
section shall not in any manner prevent a recovery by the company entitled
thereto, of the amount of damages done to its property.
(Source: P. A. 77‑2830.)
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