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Show 280 ILLINOIS the department is to prepare plans for and participate in the con- struction of improvements for control of floods, improvement of bottom land, upland drainage, and conservation of low water flows. However, the general assembly must authorize the expenditure of funds before any improvement work is commenced.16 The department also has other specialized duties involving the control and management of the Illinois and Michigan Canal,17 the Illinois Waterway,18 and is to assist in the control and regulation of Lake Michigan and the other Great Lakes.19 2.2 Resolution of Water Use Conflicts It has already been said that resolution of water user conflicts in Illinois has been primarily accomplished through the courts in those conflicts which have arisen between private individuals over the right to use water or the disposal of surplus water. Although such disputes can arise in a variety of situations, these actions often take the form of injunctive proceedings to prevent interference with a water right, or an action for damages for injury or impairment to the individual's rights.20 However, in addition to private litigation as a means of settling water user disputes, the department of business and economic development is empowered to determine and provide ways and means for the equitable reconciliation and adjustment of conflicting claims and rights to water by users.21 The functions of the department of transportation in water use administration are reviewed in section 2.1 above. 2.3 Other Agencies Having Water Resource Responsibilities a. WATER QUALITY CONTROL Illinois recently enacted new water quality control legislation. The environmental protection act deals with air, water, and other resource pollution, public water supply, solid waste disposal, noise and other environmental problems. With respect to water quality, the act de- clares that its purpose is to restore, maintain, and enhance the purity of the water of the State in order to protect health, welfare, property, and the quality of life. It is further declared that in addition to constituting a menace to public health and welfare, pollution is harm- ful to fish and wildlife and impairs legitimate beneficial use of water. The waters of the State are broadly defined to encompass both sur- face water and ground water.22 The act is administered by the pollution control board, which is authorized to adopt regulations which prescribe: (1) Water quality standards; (2) effluent standards; (3) standards for the construc- tion and operation of sewage treatment or outlet facilities; (4) I8 Smith-Hurd Illinois Ann. Stat., ch. 19, sees. 126 to 126h. 17 Smith-Hurd Illinois Ann. Stat., ch. 19, sees. 8 to 37.24. 18 Smith-Hurd Illinois Ann. Stat, ch. 19, sees. 79 to 106. 58 Smith-Hurd Illinois Ann. Stat, ch. 19, sees. 119 to 120.11. 20 Village of Dwight v. Hayes, 150 111. 273, 37 N.E. 218 (1894); Plumleigh v. Drew- sow, 6 Ili. 544 (1844) ; Pinkstaff v. Steffy, 216 111. 406, 75 N.E. 163 (1905). 21 Smith-Hurd Illinois Ann. Stat., ch. 127, sec. 46.18. 22 Smith-Hurd Illinois Ann. Stat, ch. 111%, sees. 1001 to 1004, 1011. |
