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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 through
10 which the Iroquois River flows, and each District within any
11 county in Illinois with a population in excess of 100,000
12 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
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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
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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.