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of Public Works and Buildings of this state, and a written permi: received therefor.
The Department of Public Works and Buildings is authorized, i;. case of existing dams, to require said dams be maintained in a proper state of repair, and at a heighth for proper control of water levels in this disposal of flood waters and at normal stages, and for such purposes ou require changes and modifications therein, and to compel the installation of fishways in existing dams wherever deemed necessary.
8 24. It shall be the duty of said Department of Public Works ard Buildings, to carefully examine the shore lines of Lake Michigan and the Chicago River each year for the purpose of seeing that encroachments are not made upon these bodies of water, and for the purpose of preventing any land being made along the said Chicago River or Lake Michigan in such manner as might become an encroachment thereon
The Department of Public Works and Buildings, for the purpose of preventing fills, deposits of any character, or encroachments upon any of the lakes or rivers of this State, and for the protection of navigatio: upon any of the navigable rivers and lakes of this State, or such rivers and lakes as are capable of being made navigable by improvement, 15 hereby authorized and empowered to lay out and fix shore or harbur lines through any city or municipality, or at any other locality where public interests may require, and to authorize the construction of retailing walls under proper restrictions and conditions. Any person or persons, city or municipality, or other agency, desiring to erect such wall. shall first secure a permit therefor upon application to and submissiou of plans, profiles and specifications to said Department of Public Works and Buildings, the line upon which said construction is to be placed to be fixed by survey by said Department. Whoever violates any of the provisions of this section, or does any work herein designated without first obtaining a permit from the Department of Public Works and Buildings, shall, upon conviction, be fined not exceeding $2,500.00 or imprisoned in the county jail not exceeding one year, or may, in the diseretion of the court, be punished by both such fine and imprisonment.
$ 26. Said Department of Public Works and Buildings shall, for the purpose of protecting the rights and interests of the State of Illinois, or the citizens of the State of Illinois, have full and complete jurisdiction of every public body of water in the State of Illinois, subject only to the paramount authority of the Government of the United States with reference to the navigation of such stream or streams, and the laws of Illinois, but nothing in this Act contained shall be construed or held to be any impairment whatsoever of the rights of the citizens of the State of Illinois to fully and in a proper manner, enjoy the use of any and all of the public waters of the State of Illinois, and the jurisdiction of said Department of Public Works and Buildings shall be deemed to be for the purpose of protecting the rights of the people of the State in the full and free enjoyment of all of such bodies of water, and for the purpose of preventing unlawful and improper encroachment upon the same, or impairment of the rights of the people with reference thereto. and every proper use which the people may make of the public rivers
and streams and lakes of the State of Illinois shall be aided, assiste:1, encouraged and protected by the Department of Public Works and Buildings.
§ 29. No provision of this Act shall be construed as limiting or impairing the powers and rights heretofore granted to any board of park commissioners, now existing, where such board of park commissioners having control of a park or parks within the limits of cities having a population of two hundred thousand (200,000) or over, and where such park commissioners are appointed by the Governor of the State of Illinois, or by judges of the Circuit Court of the county in which such park district is located. Provided, however, that such board of park commissioners shall file with the Department of Public Works and Buildings the plan adopted by such park commissioners for park improvement or enlargement.
§ 30. Nothing in this Act contained shall be construed to mean or intend any authorization to the State of Illinois or any department thereof, or any individual, corporation, company or person, natural or artificial, to construct or erect any dam or equivalent thereof, in any of the streams of this State, nor to mean or intend the grant of any power or authority to the State of Illinois or any deparment thereof. to grant or issue any permit to any corporation, company, or person, natural or artificial, to construct or erect any such dam or the equivalent thereof.
APPROVED June 30, 1919.
HENRY AND COPPERAS CREEK-DAMS, ETC., GRANTED TO UNITED
STATES. 1. Department of Public Works and Buildings authorized to make contracts with United States.
(HOUSE BILL No. 467. APPROVED JUNE 21, 1919.) in Act authorizing the dams, works, and appurtenances at Henry and
Copperas Creek to be granted to the United States. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the Department of Public Works and Buildings is authorized, whenever in its judgment the interests of the State will be promoted thereby, to make contracts with the United States concerning the use of, and to grant, convey and cede to the United States, the dam, locks and other State works at Henry and Copperas Creek and all real estate and rights possessed by the State of Illinois in connection therewith.
APPROVED June 21, 1919.
An Act in relation to the Illinois and Michigan Canal and the canal
lands, the protection, preservation and disposition thereof, and to repeal all Acts and parts of Acts in conflict herewith.
SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That the Department of Public Works and Buildings is authorized to ascertain and establish the surveys of the Illinois and Michigan Canal and the strips of land adjacent thereto, including the ninety-foot strips as originally made and laid out by the State and Federal governments; to employ without reference to the State Civil Service Act such engineers, surveyors, investigators or expert help, as may be necessary for that purpose; and to enter upon and take possession of any lands or premises now belonging to the State which were granted to it by the Federal government or became its property in connection with the construction of said Illinois and Michigan Canal.
§ 2. No claim, other than that of the State, to any of the said lands and premises, shall be recognized by said Department of Public Works and Buildings or by any other officer of the State, except in cases where such claim is based upon the valid deed, contract, lease or permit of the proper officers of the State. It shall be the duty of the said Department of Public Works and Buildings to protect the rights of the State against any one who may have improperly seized or occupied any of said lands or premises and to that end it may employ any and all means which may be lawfully used in protecting the property of the State.
$ 3. The Department of Public Works and Buildings is authorized and directed to protect against and prevent encroachments upon said Illinois and Michigan Canal throughout its entire course as originally constructed, and to preserve its navigable condition throughout said entire course, and it may, when the permission of the Federal government is obtained, change and improve said canal to provide terminal and harbor facilities for interchange of freight or for any other use in connection with transportation which said department may deem advantageous to the State. No permission heretofore or hereafter granted, which results in obstruction to the navigable condition or capacity of any portion of said canal or interferes with its use for any of the purposes herein named shall operate in any way whatever to deprive the State of any of its rights in said canal or canal lands, and all obstructions or structures heretofore or hereafter erected or placed in said canal shall be subject to removal upon the order of said Depart
ment of Public Works and Buildings. Provided, however, the use of the Sag channel of the Sanitary District of Chicago shall not be prevented nor shall it be considered an obstruction within the meaning of this section, but the State may require, in the development of its waterways and the use of said Illinois & Michigan canal such changes in the crossing of the Illinois & Michigan canal by said Sag channel as may be necessary for the use of said Illinois & Michigan canal by the State.
§ 4. The Attorney General of the State of Illinois is hereby authorized and directed to institute in the name of the People and to prosecute whatever suits are necessary to protect and maintain the rights of the State in and to said Illinois & Michigan Canal throughout its entire ninety-six mile course from the south fork of the south branch of the Chicago River to the point at which it connects with the Illinois at La Salle.
$ 5. The Department of Public Works and Buildings is authorized, after due notice and hearing, to make whatever orders are necessary to make effective the provisions of this Act. Said hearings shall be conducted and said orders shall be made and enforced in the manner prescribed in the Act entitled, “An Act creating a Rivers and Lakes Commission for the State of Illinois, and defining the duties and powers thereof,” approved June 10, 1911, in force July 1, 1911, and amendments thereto.
$ 6. All Acts and parts of Acts in conflict herewith are hereby repealed.
APPROVED June 17, 1919.
$ 13. Publication notice of letting con
tracts. 2. General route Department of
Public Works and Buildings $ 14. Contracts - bond - insurance of miy change.
workmen. 3. Dimensions of channel and locks. 8 15. Grants power to stop work on
contract when not satisfactory 4. Route deemed most advantage
-may relet contract. ous.
Drainage or sewer system to be 5. Terms used-how construed.
restored if interfered with or
$ 17. City councils and village boards
-plans and specifications sub7. Defines power of Department of
mitted to-filing objections. Public Works and Buildings.
Concerning Joliet--sanitary Dis8. Eminent domain Act to apply
trict of Chicago to have access additional compensation may
to waterway. be awarded.
Concerning Ottawa. $ 9. Attorneys fees to be taxed as costs in certain cases.
$20. Concerning bridges along route. $ 10.
Right of action for damages not $ 21. Leasing of surplus water.
$ 22. Rules and regulations to be ob& 11. May use public property when
served by lessee
water deemed necessary.
power. $ 12. Procedure in construction.
State liable for certain damages.
Claims for damages.
Creates “The Waterway Main
(SENATE BILL No. 252. APPROVED JUNE 17, 1919.) An Act in relation to the construction, operation and maintenance of a
deep waterway from the water power plant of the Sanitary District of Chicago at or near Lockport to a point in the Illinois River at or near U tica, and for the development and utilization of the water pouer thereof.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: A deep waterway shall be constructed from the water power plant of the Sanitary District of Chicago, at or near Lockport in the township of Lockport, in the County of Will, to a point in the Illinois River at or near Utica. Such waterway shall be known as "The Illinois Waterway."
§ 2. The general route of “The Illinois Waterway" shall be as follows:
Commencing at the water power plant of the Sanitary District of Chicago, at or near Lockport, in the township of Lockport, in the County of Will, thence through the tail race of the Sanitary District of Chicago to the junction of such tail race and the Des Plaines River, the Des Plaines River and Illinois and Michigan Canal through the City of Joliet, the Des Plaines River to the Illinois River and the Illinois River to a point therein at or near Utica.
If, in the judgment of the Department of Public Works and Buildings, the utilization of sections of the Illinois and DesPlaines rivers is not practicable or feasible, then the general route above described may be deviated from in such sections and in lieu thereof the Illinois and Michigan Canal may be used and improved, or channels outside of such rivers may be constructed.
§ 3. The channel of the Illinois Waterway, where practicable, shall be not less than one hundred and fifty feet bottom width. The minimum depth of channel in the earth sections shall be not less than eight feet and in the rock sections not less than ten feet. The minimum depth over mitre sills of the locks shall be not less than fourteen feet. The minimum width of locks shall be not less than one hundred and ten feet and the minimum length shall be not less than six hundred feet usuable length.
$ 4. The General Assembly hereby declares and finds that "The Illinois Waterway” along the route herein defined, with the minimum width and depth of channel herein prescribed, is practicable for a general plan and scheme of a deep waterway and is deemed most advantageous for such plan of deep waterway.
§ 5. The terms used in this Act shall be construed as follows: