Illinois Chapter 765 Property
765 ILCS 135/ Water Dam Use Act.Code Resources
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(765 ILCS 135/0.01) (from Ch. 96 1/2, par. 8150)
Sec. 0.01.
Short title.
This Act may be cited as the
Water Dam Use Act.
(Source: P.A. 86‑1324.)
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(765 ILCS 135/1) (from Ch. 96 1/2, par. 8151)
Sec. 1.
That in any and all cases where
different persons have the right to use, in separate or distinct
quantities or proportions, the water or water‑power furnished by a dam
across any river in this state, it shall be lawful for such person and
the owner or owners of such dam and water‑power to fix and determine
upon some fair, impartial and reasonable mode and manner by a system of
weirs, or weirs and floats, or other reasonable plan of measuring and
delivering to each person entitled to use the water or water‑power
furnished by such dam, his just share or proportion thereof, which
regulation, when made and acknowledged by such persons and the owner or
owners of such dam and water‑power, and recorded in the recorder's
office of the county in which such dam is situated, shall be binding
upon all persons entitled to use the water or water‑power furnished by
such dam; and in case any such dam is owned by a corporation, such
corporation may by by‑law or resolution entered upon a book kept by the
corporation and subject to the free inspection of all persons interested
make such regulations: Provided, however, that in all cases the
regulations made for measuring and delivering such water or water‑power
shall fairly and impartially apportion the same to each person entitled
to the use of the same according to his just share thereof: And,
provided, further, that nothing in this act contained shall be construed
to impair any covenant, contract or agreement heretofore executed to any
person or corporation for water or water‑power or their legal rights
thereto.
(Source: Laws 1877, p. 138.)
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