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Show 278 ILLINOIS With regard to ground water, it appears that Illinois has adopted the common law rule that the owner of the overlying land is the owner of and entitled to the use of the ground water in his soil.4 But the decisions dealing with ground water are very limited, so the exact measure of individual rights is not entirely clear. The appropriation doctrine of water rights has never been a part of Illinois water law, and the Illinois Supreme Court has said that the mere priority of appropriation or use of running water, without consent or grant, confers no exclusive right.5 Although there are some statutes in Illinois regulating the manner in which water may be used, there has been no comprehensive legis- lative effort to provide State administrative control over water use or administration of water rights. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights Water rights in Illinois are an incident of ownership of land abutting a stream. The definition and evaluation of the right which a riparian landowner acquires is basically a matter of judicial inter- pretation under the principles of the common law doctrine of riparian water rights. Further, the primary regulation of water use in Illinois has been under the rules promulgated by the courts. How- ever, over the years some State agencies have been delegated certain responsibilities with regard to water rights administration. Yet, as noted at the outset, the overall impact of this legislation is quite limited and does not provide a comprehensive, coordinated program for water rights administration. The Department of Business and Economic Development has au- thority to conduct studies and investigations to determine ways and means by which the various water uses may be coordinated to the end that the water resources of the State may be conserved and put to their maximum beneficial use. The Department may also coordi- nate, determine and provide ways and means for the equitable rec- onciliation and adjustment of conflicting claims and rights to water by users. Further, it may recommend legislation designed to ac- complish the stated goals.6 The agency which appears to have the broadest powers and duties relating to general water administration is the Department of Transportation. The Department has jurisdiction and supervision over all of the rivers and lakes of the State, wherein the State or the people of the State may have rights or interests, and is to see that such waters are not encroached upon or used by private interests except as provided by law, and then only after permission is ob- tained from the Department.7 It appears that the public waters of * Edwards v. Haeger, 180 111. 99, 54 N.E. 176 (1899). 5 Evans v. Merriweather, 4 111. 492 (1842). 6 Smith-Hurd Illinois Ann. Stat., ch. 127, sec. 46.18. 7 Smith-Hurd Illinois Ann. Stat., ch. 19, sees. 52, 54, 65. |
