2023 Illinois Compiled Statutes › Chapter 615 - WATERWAYS › 615 ILCS 15/ - Flood Control Act of 1945.

(615 ILCS 15/1) (from Ch. 19, par. 126a)
Sec. 1. 
		
		It is hereby recognized that the unregulated flow of the rivers and
waters of the State of Illinois constitutes a menace to the general
welfare of the people of this State, resulting in periods of destructive floods
upon the rivers and waters of Illinois, upsetting the orderly processes of
industry, agriculture and life in general, and causing loss of life and
property, including the erosion of lands, the impairment and obstruction of
their drainage, the impairment or destruction of surface water supplies for
domestic use, the impairment or destruction of navigation, highways,
railroads, and other channels of commerce within the State; and periods of
inadequate low water flows wherein the public water supplies of cities and
villages are dangerously reduced, facilities for public recreation are
rendered inadequate, and the propagation and conservation of wild life is
adversely affected.
It is the sense of this General Assembly that
regulation of the flood and low water flows of the rivers and waters of
Illinois is a proper activity of the State of Illinois, independently or in
cooperation with the United States government, State agencies, units
of local government and school districts; that investigations and
improvements of the rivers and
waters of Illinois, including the watersheds thereof, for the purpose of
control of flood and low water flows, are in the interest of the general
welfare of the People of Illinois; and that the State of Illinois should
improve or participate in the improvement of the rivers and waters,
including the watersheds thereof, for the purpose of regulating the flood
and low water flows and the development and utilization of water, waterways
and water resources if the benefits are in excess of the estimated costs,
and if the lives and general welfare of the People of Illinois are
adversely affected; except that for improvements limited to channelization,
the benefits need not necessarily exceed the estimated costs.
(Source: P.A. 85-141.)
(615 ILCS 15/2) (from Ch. 19, par. 126b)
Sec. 2. 
		
		The Department of Natural Resources is hereby authorized and
directed to make examinations and surveys, prepare plans and estimates for, and
to construct, reconstruct, control, maintain, and operate, or supervise the
construction, reconstruction, control, maintenance and operation of all
works for the control of floods, the improvement of upland and bottom land
drainage and the conservation of low water flows in the rivers and waters
of Illinois, including the watersheds thereof, either independently or in
cooperation with the United States government, State agencies, units of
local government and school districts in connection with such work.  However,
no expenditure of funds for the improvement of any of the rivers and waters of
Illinois, including the watersheds thereof, for the purpose of controlling
flood flows, the improvement of bottom land and upland drainage, or the
conservation of low water flows, shall be lawful until an appropriation for
the improvement or improvements has been made by the
General Assembly. No funds shall be expended on any rivers and waters
improvement or improvements unless the works proposed by the
improvement or improvements are in conformity with a report of
survey made and filed as provided in Section 5 of this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 15/3) (from Ch. 19, par. 126c)
Sec. 3. 
		
		In the construction of any improvements to the rivers, waters
and watersheds of Illinois, for the control of floods, the improvement of
bottom land and upland drainage and conservation of low water flows, the
Department of Natural Resources may, in its
judgment and discretion, proceed in any of the following ways:
(1) It may let contracts for the construction of any     authorized project or any part or portion thereof in accordance with existing laws regulating the awarding of State contracts, or
(2) It may do the work or any part or portion thereof     by the direct employment of services, labor, materials and equipment, and may procure the necessary superintendents, agents, office force, laborers, workers, implements, tools, machinery and all other employees, equipment and services necessary or incidental to such construction, or
(3) It may participate in any of the nonfederal cost     of a federally authorized project, pursuant to an appropriation made by the General Assembly for such purposes, to the extent necessary for the completion of the project.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 15/4) (from Ch. 19, par. 126d)
Sec. 4. 
		
		In the execution of the powers herein granted and the duties
vested in the Department of Natural Resources, it may:
(1) cooperate and enter into agreements with the     proper agencies of the United States government, State agencies, units of local government, school districts, persons, and associations for the formulation of plans, for the acquisition of land rights, and for the construction of any and all improvements for the control of destructive floods, for the improvement of bottom land and upland drainage, and for the conservation, regulation, development and utilization of water, waterways, and water resources in the State of Illinois;
(2) subject to written approval of the Governor,     grant to cooperating public agencies any interest in land necessary for projects implemented under this Act providing that the land shall revert to the State if it ceases to be used for flood control or other approved public or water resource purposes;
(3) construct or finance such projects, using land     rights owned by the United States government, units of local government, or school districts; and
(4) acquire floodplain property to convert to public     uses, and pay relocation assistance where appropriate in accordance with the provisions of Sections 3-107.1 through 3-107.1f of the Illinois Highway Code.
Expenditure of funds appropriated to the Department for projects under this
Act using land owned by the United States government, a unit of local
government, a railroad company, or a school district shall not be prohibited by
Section 2 of the Public Contract Fraud Act.
The agreements may assign to the several cooperating agencies particular
projects or portions of projects for the purposes stated in this Section and
may provide for joint understandings for those purposes and for contributions
to execute any work agreed upon with any other of the above mentioned agencies
within the State of Illinois to carry out the provisions of this Act.  The
Department's agreements with the United States government may include general
indemnification provisions as required by federal statutes for nonfederal
sponsorship of a federally authorized project approved under this Act for State
participation.  The Department's agreements with units of local government and
school districts in this State may include general indemnification provisions
to hold and save the State of Illinois harmless from any loss or claim
resulting from the construction, operation, or maintenance of a project
approved under this Act.
(Source: P.A. 88-517; 89-445, eff. 2-7-96.)
(615 ILCS 15/5) (from Ch. 19, par. 126e)
Sec. 5. 
It shall be the duty of the Department of Natural Resources to
execute examinations and surveys of the scope necessary
and practical under this Act: The Director of Natural Resources may in his
discretion or at the direction of the General
Assembly cause an examination of any project for the improvement of any of the
rivers and waters of Illinois for any improvements authorized under this Act
and a report on the improvements shall be submitted to the Governor, the
members of the General Assembly of the Legislative Districts in which the
improvements are located, and the General Assembly.  The requirement for
reporting to the General Assembly shall be satisfied by filing copies of the
report as required by Section 3.1 of
the General Assembly Organization Act, and filing any additional copies with
the State Government Report Distribution Center for the General Assembly as
required under paragraph (t) of Section 7 of the State Library Act.  All
reports shall include, as may be practicable,
a comprehensive study of the watersheds involved, any other matter
required by the Director of Natural Resources, and any or all data as may be pertinent in regard to:
(a) the extent and character of the area affected;
(b) the hydrography of the area affected, including     rainfall and run-off, frequency and severity of floods, frequency and degree of low flows;
(c) flood damages to rural property, growing crops,     urban property, industrial property, and communications, including highways, railways, and waterways;
(d) the probable effect upon any navigable water or     waterway;
(e) the possible economical development and     utilization of water power;
(f) the possible economical reclamation and drainage     of the bottomland and upland areas;
(g) any other allied uses that may be properly     related to or coordinated with the project, including but not limited to, any benefits for public water supply uses, public recreational uses, or wild life conservation;
(h) the estimated cost of the improvement and a     statement of special or local benefit that will accrue to localities affected by the improvement and a statement of general or state wide benefits, with recommendations as to what local cooperation, participation, and cost sharing should be required, if any, on account of the special or local benefit.
The heads of the several Departments of the State shall, upon the
request of the Director of Natural Resources, detail representatives from their respective Departments to
assist the Department of Natural Resources in the study
of the watersheds, to the end that duplication of work may be avoided and the
various services of the State economically coordinated therein.
In the exercise of its duties under this Section, the Department may
accept or amend a work plan of the United States government.  The federal
work plan as accepted by the Department shall be filed as provided for in this
Section.
(Source: P.A. 100-1148, eff. 12-10-18.)
(615 ILCS 15/6) (from Ch. 19, par. 126f)
Sec. 6. 
		
		The Department of Natural Resources may lease or permit the use
of, in whole or in part, the surplus waters at all Department owned dams and
lease or permit the use of, in whole or in part, any land, rights to land, or
property interests for hydropower development or the power developed from it
for a period not to exceed 50 years.
(Source: P.A. 89-445, eff. 2-7-96; 90-276, eff. 7-30-97.)
(615 ILCS 15/7) (from Ch. 19, par. 126g)
Sec. 7. 
		
		The Department of Natural Resources is authorized to acquire by
gift, purchase, condemnation or other lawful means, any necessary lands, rights
of way, easements or property necessary to carry out the provisions of
this Act.  For the purpose of making subsurface soil surveys,
preliminary surveys and determinations of the amount and extent of such
land, rights or other property required, the Department or any unit of
local government by its officers, agents or employees, after written notice
to the known owners and occupants, if any, may enter upon the lands or
waters of any person, subject to responsibility for all damages which shall
be occasioned thereby.
No ditches, drains, tracks, rails, poles, wires, pipe line or other
equipment of any public utility company, municipal corporation or other
public or private corporation, association or person shall be located,
placed or constructed upon, across or under any State property over which
the Department has jurisdiction under this Act without first obtaining a
permit from the Department.  The Department may grant permission to use
State property subject to such terms and conditions not inconsistent with
this Act as the Department deems in the public interest.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 15/7.5)
Sec. 7.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(615 ILCS 15/8) (from Ch. 19, par. 126h)
Sec. 8. 
		
		An emergency shall be deemed to exist when flood control works
private or public property and human life are threatened with impairment or
destruction or have been impaired, damaged, or destroyed by reason of
floods or high river stages. Whenever the Governor of the State of Illinois
shall declare that such emergency exists, the Department of Natural Resources
is authorized to make expenditures, from any funds appropriated by the
General Assembly for the purpose of flood relief, for the reconstruction,
repair or maintenance of flood control work on any of the rivers and waters
of Illinois that may be threatened with impairment or destruction by flood
or that may have been impaired or destroyed by flood, or, may authorize the
reimbursement of any legally organized drainage district for any
expenditures made for the repair, reconstruction or maintenance of any
flood control work that may have been impaired or damaged by flood.
Provided, that if there be an approved report of survey, as provided for in
Section 5 of this Act, for the river or water, including the watershed
thereof, on which the impaired or damaged flood control work is situated,
no expenditures for the reconstruction, repair or maintenance of said
damaged flood control work shall be lawful unless the plans for
reconstruction, repair or maintenance of the said damaged flood control
works be in conformity with the approved plans for flood control works on
the river or water in question as contained in the report of survey.
Provided further, that if there be no approved report of survey as provided
for in Section 5 of this Act, then the reconstruction, repair or
maintenance of damaged or impaired flood control works shall be limited to
that necessary to restore the damaged or impaired flood control works to
their original sections or designs and no change of location or alignment
shall be made other than that necessary to protect the said flood control
works from caving banks, to avoid unsatisfactory foundation conditions, and
to afford the area the same protection as existed prior to the damage.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 15/8.5)
Sec. 8.5. (Repealed).
(Source: P.A. 100-730, eff. 1-1-19. 	Repealed internally, eff. 1-1-21.)
(615 ILCS 15/9) (from Ch. 19, par. 126i)
Sec. 9. 
		This Act shall be known and may be cited as the "Flood Control Act of 1945".
(Source: P.A. 84-900.)