765 ILCS 135/ Water Dam Use Act.
(765 ILCS 135/0.01) (from Ch. 96 1/2, par. 8150)
Sec. 0.01. Short title. This Act may be cited as the Water Dam Use Act.
(Source: P.A. 86‑1324.) |
(765 ILCS 135/1) (from Ch. 96 1/2, par. 8151)
Sec. 1. That in any and all cases where different persons have the right to use, in separate or distinct quantities or proportions, the water or water‑power furnished by a dam across any river in this state, it shall be lawful for such person and the owner or owners of such dam and water‑power to fix and determine upon some fair, impartial and reasonable mode and manner by a system of weirs, or weirs and floats, or other reasonable plan of measuring and delivering to each person entitled to use the water or water‑power furnished by such dam, his just share or proportion thereof, which regulation, when made and acknowledged by such persons and the owner or owners of such dam and water‑power, and recorded in the recorder's office of the county in which such dam is situated, shall be binding upon all persons entitled to use the water or water‑power furnished by such dam; and in case any such dam is owned by a corporation, such corporation may by by‑law or resolution entered upon a book kept by the corporation and subject to the free inspection of all persons interested make such regulations: Provided, however, that in all cases the regulations made for measuring and delivering such water or water‑power shall fairly and impartially apportion the same to each person entitled to the use of the same according to his just share thereof: And, provided, further, that nothing in this act contained shall be construed to impair any covenant, contract or agreement heretofore executed to any person or corporation for water or water‑power or their legal rights thereto.
(Source: Laws 1877, p. 138.) |