2023 Illinois Compiled Statutes › 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.)
(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effective date of this Act from new points of withdrawal before water is withdrawn.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.)
(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.
(Source: P.A. 96-222, eff. 1-1-10.)
(525 ILCS 45/4) (from Ch. 5, par. 1604)
Sec. 4. Definitions. As used in this Act, unless the context otherwise requires:
"Department" means the Illinois Department of Agriculture.
"District" or "Soil and Water Conservation District" means a public
body, corporate and political, organized under the "Soil and Water Conservation
Districts Act".
"Geological Survey" means the Illinois State Geological Survey.
"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.
"High-capacity intake" means a surface water intake located on a parcel of property where the rate or capacity of water withdrawal of all intakes for the property is equal to or in excess of 100,000 gallons during any 24-hour period.
"High-capacity well" means a well located on a parcel of property where the rate or capacity of water withdrawal of all wells on the property is equal to or in excess of 100,000 gallons during any 24-hour period.
"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.
"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.
"Point of withdrawal" means that point at which underground water is
diverted by a person from its natural state.
"Public water supply" means all mains, pipes, and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks, and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year.
"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.
"State" means the State of Illinois.
"Surface water" means a pond, lake, reservoir, stream, creek, or river.
"Water authority" means a local governmental body established by referendum under the Water Authorities Act (70 ILCS 3715/).
"Water survey" means the Illinois State Water Survey.
(Source: P.A. 96-222, eff. 1-1-10.)
(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
  the  new  point  is a high-capacity well,  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. 96-222, eff. 1-1-10.)
(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 an existing point of withdrawal that is a high-capacity well or is proposing a new point of withdrawal that is a high-capacity well 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 high-capacity well within the District's boundaries.  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 a high-capacity well.  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. 96-222, eff. 1-1-10.)
(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.)
(525 ILCS 45/5.3)
Sec. 5.3. Water use reporting. Any person or land occupier that is responsible for a point of withdrawal classified as a high-capacity well, high-capacity intake, or public water supply shall participate in the Illinois State Water Survey's Illinois Water Inventory Program. However, high-capacity wells used for agricultural irrigation and high-capacity intakes used for agricultural irrigation are exempt from this Section for the first 5 years after the effective date of this amendatory Act of the 96th General Assembly. A person or land occupier that is responsible for a point of withdrawal classified as a high-capacity well or high-capacity intake used for irrigation for agriculture shall determine water use through estimation methods deemed acceptable by the Illinois State Water Survey. A person or land occupier that is responsible for a point of withdrawal that is classified as a high-capacity well or a high-capacity intake used for irrigation that lies within the boundaries of a water authority or other local government entity that estimates irrigation withdrawals through a method deemed acceptable by the Illinois State Water Survey is exempt from participating as an individual in the Illinois Water Inventory Program.
(Source: P.A. 96-222, eff. 1-1-10.)
(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.)
(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.)