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Full Text of SB3026
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SB3026 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3026
Introduced 1/28/2026, by Sen. Mike Simmons
SYNOPSIS AS INTRODUCED:
525 ILCS 45/5
from Ch. 5, par. 1605
525 ILCS 45/5.1
from Ch. 5, par. 1605.1
Amends the Water Use Act of 1983. Provides that the findings
concerning a proposed point of withdrawal's effects upon other users of
water shall be published on a publicly available website. Provides that
each District within any county in Illinois with a population in excess of
10,000 (rather than 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 withdrawals. Provides that, if an onsite 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 shall (rather than 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. Provides that the restrictions may be
lifted or modified as soon as justified by changed conditions (rather than
shall be lifted as soon as justified by changed conditions). Provides that
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 shall (rather
than 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. Provides
that, if the Department disagrees with the District's recommendation, the
Department shall (rather than may) propose an alternate recommendation.
LRB104 18821 WRO 32266 b
A BILL FOR
SB3026
LRB104 18821 WRO 32266 b
1
AN ACT concerning conservation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Water Use Act of 1983 is amended by changing
5
Sections 5 and 5.1 as follows:
6
(525 ILCS 45/5)
(from Ch. 5, par. 1605)
7
Sec. 5.
Water Conflict Resolution.
In the event that a
8
land occupier or person proposes to develop a new point of
9
withdrawal, and the new point is a high-capacity well, the
10
land occupier or person shall notify the District before
11
construction of the well begins. The District shall in turn
12
notify other local units of government with water systems who
13
may be impacted by the proposed withdrawal. The District shall
14
then review with the assistance of the Illinois State Water
15
Survey and the State Geological Survey the proposed point of
16
withdrawal's effect upon other users of the water. The review
17
shall be completed within 30 days of receipt of the notice. The
18
findings of such reviews shall be
posted on a publicly
19
available website
made public
.
20
(Source: P.A. 96-222, eff. 1-1-10.)
21
(525 ILCS 45/5.1)
(from Ch. 5, par. 1605.1)
22
Sec. 5.1.
Groundwater Emergency Restrictions.
SB3026
- 2 -
LRB104 18821 WRO 32266 b
1
(a) Each District within any county in Illinois through
2
which the Iroquois River flows, and each District within any
3
county in Illinois with a population in excess of
10,000
4
100,000 through which the Mackinaw River flows
, is authorized
5
to recommend to the Department of Agriculture restrictions on
6
groundwater withdrawal as provided by this Section.
7
A land occupier or person who possesses land which
8
contains an existing point of withdrawal that is a
9
high-capacity well or is proposing a new point of withdrawal
10
that is a high-capacity well shall register that point of
11
withdrawal with the District and shall furnish such reasonable
12
data in such form as may be required by the District.
13
(b) The District, with the assistance and approval of the
14
Department of Agriculture, shall issue recommended guidelines
15
for the construction of points of withdrawal and the type and
16
setting of pumps for use in those points of withdrawal. Copies
17
of the guidelines shall be made available from the District
18
upon request.
19
(c) Within 2 working days after receiving a written
20
complaint from a land occupier or a person whose point of
21
withdrawal has failed to furnish its normal supply of water,
22
the District shall schedule an on-site investigation. If the
23
investigation discloses (1) that the point of withdrawal fails
24
to furnish its normal supply of water, (2) that the failure is
25
caused by a substantial lowering of the level of groundwater
26
in the area, and (3) that the point of withdrawal and its
SB3026
- 3 -
LRB104 18821 WRO 32266 b
1
equipment conform to the recommended guidelines of the
2
District issued under subsection (b), the District
shall
may
3
recommend to the Department of Agriculture that the Department
4
restrict the quantity of water that a person may extract from
5
any high-capacity well within the District's boundaries. The
6
restriction shall be expressed in gallons of water, may apply
7
to one or more points of withdrawal within the District, and
8
may be broadened or narrowed as appropriate. The restrictions
9
may
shall
be lifted
or modified
as soon as justified by changed
10
conditions.
11
(d) When a District determines that restriction of the
12
withdrawal of water at a particular point within the District
13
is necessary to preserve an adequate water supply for all
14
residents in the District, the District
shall
may
recommend to
15
the Department of Agriculture that the Department restrict the
16
quantity of water that may be extracted from any point of
17
withdrawal within the District which is a high-capacity well.
18
The Department shall review the District's recommendation and
19
if it agrees with such recommendation shall restrict the
20
withdrawal of water within the District in accordance with
21
subsection (c) and shall notify each land occupier or person
22
who possesses land which contains a registered point of
23
withdrawal affected by the restriction.
24
If the Department disagrees with the District's
25
recommendation, it shall notify the District, the land
26
occupier or the person who possesses land which contains a
SB3026
- 4 -
LRB104 18821 WRO 32266 b
1
registered point of withdrawal affected by the recommendation
2
and the complainant, giving the reason for the failure to
3
affirm the recommendation. The Department
shall
may
propose an
4
alternate recommendation.
5
If the District, the respondent or the complainant
6
disagrees with the decision of the Department, such person may
7
request an administrative hearing to be conducted by the
8
Department in accordance with the Illinois Administrative
9
Procedure Act to show cause concerning its decision.
10
Final decisions of the Department pursuant to this Section
11
may be appealed in accordance with the Administrative Review
12
Law.
13
(e) The Department is authorized to promulgate rules and
14
regulations, including emergency rules, for the implementation
15
of this amendatory Act of 1987. The Department may set the
16
general policy for the Districts to follow in the
17
administration of this Act.
18
(Source: P.A. 96-222, eff. 1-1-10.)
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