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This entry was published on 2014-09-22
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SECTION 15-1509
Approval of plans for forest preserve reservoir projects; petition; proceedings
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 15
§ 15-1509. Approval of plans for forest preserve reservoir projects;

petition; proceedings.

1. Any publicly owned water supply project involving the construction
of a reservoir on forest preserve lands must be submitted for approval
to the department as provided in sections 15-1501 and 15-1503 of this
article, and the procedure on such an application shall be as therein
set forth except as to the additional requirements and further procedure
required by this section.

2. The petition for approval of such a project must state that it is
desired to construct a reservoir on state owned forest preserve lands,
giving a description of the location and extent of the lands to be
occupied or flooded, and shall be accompanied by a map, based on
accurate surveys, showing the boundaries of such land and the high flow
line of the water to be impounded thereon. The public notices of the
hearing shall state that the reservoir proposed to be constructed is on
state owned lands within the forest preserve.

3. In addition to the findings required by section 15-1503 of this
article, the department in such cases shall also determine whether the
needs of the applicant for water are such as require the proposed public
use of the land involved, whether the constitutional limitation as to
the amount of such land that can be used for reservoir purposes will not
be exceeded, and whether the plans are such that unsanitary conditions
will not be created by the proposed project.

4. If the application is approved, the department shall apportion all
the expenses of the proposed project upon the municipalities which it
may find to be benefited thereby, to the extent of the benefits
received; it shall also fix the amount to be paid to the state by the
municipalities benefited. Such amount to be paid to the state is to be
computed as follows:

a. The value of the state owned timber and other forest products to be
removed during the construction of the project, such amounts to be due
on the cutting of such timber or other products. Such material shall
become the property of the applicant on the payment of such amount to
the state. The department may direct that the amount due be paid in one
lump sum or may permit partial payments to be made in such amounts and
at such times as may be specified.

b. A charge of six per centum per annum on the value of the state
owned lands and rights used, unimproved and bare of timber. This value
shall be determined by the department and be redetermined by it at
intervals of ten years from the date of approval of the application. The
amount of this charge for any year shall be due and payable on the first
day of January of the succeeding year and shall be computed from the day
of the actual entry of the applicant or the department on the state
owned land for the purpose of beginning the clearing or the construction

c. An annual charge, to be determined, redetermined and payable as
provided in paragraph b above, as a reasonable return to the state for
its services rendered.

5. A statement of all these matters shall be included in the decision
of the department approving the application.