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Show ILLINOIS 279 the State to which the Department's jurisdiction extends are the navigable streams and rivers, and meandered and navigable lakes.8 It is unlawful to make any structure, fill, or deposit in any public water without first submitting plans and specifications to the De- partment and receiving a permit to accomplish the work proposed. Prior to issuing a permit, notice shall be given and a public hearing held, and approval obtained from all riparian owners whose rights to public waters will be directly affected by such structure, fill or deposit.9 The Department may prevent fills, obstructions, or debris from impairing or limiting the capacity of a stream to carry floodwaters. Further, it may prevent impairment of navigation and may estab- lish levels below which water cannot be drawn down behind dams from any river or stream in order to retain enough water in such source to preserve the fish and aquatic life and to safeguard the health of the community. Existing dams must be maintained in a proper state of repair and the Department may control water levels in the disposal of floodwaters and may require the installation of fishways in dams. The Department may initiate legal action to recover damages for any wrongful encroachment and may seek in- junctive relief to prevent encroachments, compel removal of wrong- ful structures, or require maintenance of water levels as set by the Department.10 The Department may grant a permit to a nonriparian owner to use water from public bodies of water for industrial, manufacturing, or public utility purposes, and to erect the necessary structures in order to obtain the use of such water, provided such use does not interfere with navigation. A permit is issued for a definite period of years, not to exceed forty, and may be renewed subject to the same time limitation.11 Drainage districts must submit plans to the Department before performing any work which would increase the flow into any stream or which would change the natural course of any stream. The De- partment issues a permit for the work if it finds the public interests are protected.12 Orders entered by the Department are to be made only after notice and hearing. Persons failing or refusing to obey a Department order are subject to fine. All final decisions of the Department are subject to judicial review.13 The Department is to plan methods of preserving and beautifying the public waters of the State. It is to obtain data on the availability of streams for water power, navigability, and the propagation of fish.14 The Department is also charged with defining flood plains and regulating construction thereon.15 It is further provided that 8 Mann, Ellis, and Krausy, Water-Use Law in Illinois 199, Illinois Agricultural Experi- ment Station Bull. 703 (1964) ; Springfield v. North Fork Outlet Drainage Dist., 249 111. App. 133 (1928). 8 Smith-Hurd Illinois Ann. Stat., ch. 19, sec. 65. 10 Smith-Hurd Illinois Ann. Stat., ch. 19, sees. 60. 70. 11 Smith-Hurd Illinois Ann. Stat., ch. sec. 65. 32 Smith-Hurd Illinois Ann. Stat., ch. 19, sec. 78. 13 Smith-Hurd Illinois Ann. Stat., ch. 19, sec. 74-75a. " Smith-Hurd Illinois Ann. Stat., ch. 19, sees. 63, 67 to 69. 15 Smith-Hurd Illinois Ann. Stat, ch. 19, sec. 65f. |