2005 Illinois Code - Chapter 525 Conservation 525 ILCS 45/ Water Use Act of 1983.
(525 ILCS 45/1) (from Ch. 5, par. 1601)
Sec. 1.
This Act shall be known and may be cited as the "Water Use Act of 1983".
(Source: P.A. 83‑700.)
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(525 ILCS 45/2) (from Ch. 5, par. 1602)
Sec. 2.
Declaration of Policy.
The General Assembly declares it to
be in the public interest to better manage and conserve water, to
establish a mechanism for restricting withdrawals of groundwater in
emergencies, and to provide
for public notice of planned substantial withdrawals of water after the
effective date of this Act from new points of withdrawal before water is withdrawn.
(Source: P.A. 85‑483.)
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(525 ILCS 45/3) (from Ch. 5, par. 1603)
Sec. 3.
Purpose.
The general purpose and intent of this Act is to establish
a means of reviewing potential water conflicts before damage to
any person is incurred and to establish a rule for mitigating water shortage
conflicts by:
(a) Providing authority for County Soil and Water Conservation Districts
to receive notice of incoming substantial users of water.
(b) Authorizing Soil and Water Conservation Districts to recommend
restrictions on
withdrawals of groundwater in emergencies.
(c) Establishing a "reasonable use" rule for groundwater withdrawals.
The requirements of Section 5 and 5.1 of this Act shall not apply to the region
governed by the provisions of "An Act in relation to the regulation and
maintenance of the levels in Lake Michigan and to the Diversion and apportionment
of water from the Lake Michigan watershed", approved June 18, 1929, as amended.
(Source: P.A. 85‑1330.)
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(525 ILCS 45/4) (from Ch. 5, par. 1604)
Sec. 4.
Definitions.
As used in this Act, unless the context otherwise requires:
(a) "Department" means the Illinois Department of Agriculture.
(b) "District" or "Soil and Water Conservation District" means a public
body, corporate and political, organized under the "Soil and Water Conservation
Districts Act".
(c) "Groundwater" means underground water which occurs within the
saturated zone and geologic materials where the fluid pressure in the pore
space is equal to or greater than atmospheric pressure.
(d) "Land occupier" or "occupier of land" includes any individual, firm
or corporation, other than the owner, who is in legal possession of any
land in the State of Illinois whether as a lessee, renter, tenant or otherwise.
(e) "Person" means any owner of land or the owners'
designated agent including
any individual, partnership, firm, association, joint venture, corporation, trust,
estate, commission, board, public or private institution, unit of local
government, school district, political subdivision of this state, state
agency, any interstate body or any other legal entity.
(f) "Point of withdrawal" means that point at which underground water is
diverted by a person from its natural state.
(g) "Reasonable use" means the use of water to meet natural
wants and a fair share for artificial wants. It does not include water
used wastefully or maliciously.
(h) "State" means the State of Illinois.
(Source: P.A. 85‑1330.)
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(525 ILCS 45/5) (from Ch. 5, par. 1605)
Sec. 5.
Water Conflict Resolution.
In the event that a land occupier or person
proposes to develop a new point of withdrawal, and
withdrawals from the new point can reasonably be expected to occur
in excess of 100,000
gallons on any day, the land occupier or person shall notify
the District before construction of the well begins. The District
shall in turn notify other local
units of government with water systems who may be impacted by
the proposed withdrawal. The District shall then review with
the assistance of the Illinois State Water Survey and the State
Geological Survey the proposed
point of withdrawal's effect upon other users of the water.
The review shall be completed within 30 days of receipt of the notice.
The findings of such reviews shall be made public.
(Source: P.A. 85‑1330.)
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(525 ILCS 45/5.1) (from Ch. 5, par. 1605.1)
Sec. 5.1.
Groundwater Emergency Restrictions.
(a) Each District within
any county in Illinois through which the Iroquois River flows, and each
District within any county in Illinois with a population in excess of
100,000 through which the Mackinaw River flows, is authorized
to recommend to the Department of Agriculture restrictions on groundwater
withdrawal as provided by this Section.
A land occupier or person who
possesses land which contains a point of withdrawal that is capable of
producing more than 100,000 gallons of water on any day shall register that
point of withdrawal with the District and shall furnish such reasonable
data in such form as may be required by the District.
(b) The District, with the assistance and approval of the Department of
Agriculture, shall issue recommended guidelines for the construction of
points of withdrawal and the type and setting of pumps for use in those
points of withdrawal. Copies of the guidelines shall be made available
from the District upon request.
(c) Within 2 working days after receiving a written complaint from a
land occupier or a person whose point of withdrawal has failed to furnish
its normal supply of water, the District shall schedule an on‑site
investigation. If the investigation discloses (1) that the point of
withdrawal fails to furnish its normal supply of water, (2) that the
failure is caused by a substantial lowering of the level of groundwater in
the area, and (3) that the point of withdrawal and its equipment conform to
the recommended guidelines of the District issued under subsection (b), the
District may recommend to the Department of Agriculture that the Department
restrict the quantity of water that a person may extract from any point of
withdrawal within the District's boundaries which is capable of producing
more than 100,000 gallons on any day. The restriction shall be expressed
in gallons of water, may apply to one or more points of withdrawal within
the District, and may be broadened or narrowed as appropriate. The
restrictions shall be lifted as soon as justified by changed conditions.
(d) When a District determines that restriction of the withdrawal of
water at a particular point within the District is necessary to preserve an
adequate water supply for all residents in the District, the District may
recommend to the Department of Agriculture that the Department restrict the
quantity of water that may be extracted from any point of withdrawal within
the District which is capable of producing more than 100,000 gallons of
water on any day. The Department shall review the District's
recommendation and if it agrees with such recommendation shall restrict the
withdrawal of water within the District in accordance with subsection (c)
and shall notify each land occupier or person who possesses land which
contains a registered point of withdrawal affected by the restriction.
If the Department disagrees with the District's recommendation, it shall
notify the District, the land occupier or the person who possesses land
which contains a registered point of withdrawal affected by the
recommendation and the complainant, giving the reason for the failure to
affirm the recommendation. The Department may propose an alternate
recommendation.
If the District, the respondent or the complainant disagrees with the
decision of the Department, such person may request an administrative hearing
to
be conducted by the Department in accordance with the Illinois
Administrative
Procedure Act to show cause concerning its decision.
Final decisions of the Department pursuant to this Section may be
appealed in accordance with the Administrative Review Law.
(e) The Department is authorized to promulgate rules and
regulations, including emergency rules, for the implementation of this
amendatory Act of 1987.
The Department may set the general policy for the Districts to follow in
the administration of this Act.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(525 ILCS 45/5.2) (from Ch. 5, par. 1605.2)
Sec. 5.2.
Investigation and review ‑ Entry upon land.
Persons investigating a complaint or conducting a review on behalf of the
Department or District of
the impact of a proposed or existing well that is required to be registered
may enter upon private property for the purpose of conducting an
investigation and may review any records pertaining to pumping data.
(Source: P.A. 85‑1330.)
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(525 ILCS 45/6) (from Ch. 5, par. 1606)
Sec. 6.
Reasonable Use.
The rule of "reasonable use" shall apply to
groundwater withdrawals in the State.
(Source: P.A. 83‑700.)
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(525 ILCS 45/7) (from Ch. 5, par. 1607)
Sec. 7.
Penalties.
Any person who fails to register a point of
withdrawal pursuant to subsection (a) of Section 5.1, or who fails to
notify the District of a proposed new point of withdrawal pursuant to
Section 5, or who fails to restrict withdrawals of water
pursuant to subsection (b) of Section 5.1 shall be guilty of a petty offense.
Any person who is convicted of a second or subsequent offense shall be
guilty of a Class C misdemeanor.
(Source: P.A. 85‑483.)
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