Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 15-1703
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 17
§ 15-1703. Definitions.

When used in title 17 of this article unless otherwise expressly
stated or unless the context or subject matter otherwise requires:

1. "Licensee" means a person or public corporation holding a license
issued pursuant to title 17 of this article, his successor in interest
or assign;

2. "Stream" means a river or other stream and its tributaries;

3. "Water power site" means the real property including rights
appurtenant thereto or which may become appurtenant thereto which, when
a water power is developed, is necessary or useful for the construction,
maintenance and operation of a plant for the use of a fall of water for
the generation of power;

4. "Developed water power site" is a "water power site" where the
development is used or usable in its present condition for the
generation of power or where the works of such development are being
constructed or are in course of repair;

5. "Surplus canal waters" means such waters flowing in canal feeders,
artificial canals or the canalized streams of the state, as in the
judgment of the Commissioner of Transportation, are not necessary for
any canal uses or purposes;

6. "Project" means a complete unit of improvements or development,
consisting of a power plant, all water conduits, or dams and appurtenant
works and structures which are a part of such unit, and all storage,
diverting or forebay reservoirs connected therewith, the primary line or
lines transmitting power therefrom to the point of junction with the
distribution system, all miscellaneous structures used and useful in
connection with such unit or part thereof, and all water rights, rights
of ways, ditches, dams, reservoirs, lands or interest in lands, the use
and occupancy of which are necessary or appropriate in the maintenance
and operation of such unit;

7. "Project works" means physical structures of a "project;"

8. "Reconstruction cost" of a project or of any part thereof means the
actual and reasonable original cost to the licensee of the lands or
interests in the lands of such project or such part, less depreciation,
if any, plus the cost of reproducing the ways, means and works thereon
less the depreciation of such ways, means or works, including in such
costs a reasonable allowance for organization and development expenses,
but excluding therefrom any allowance for the value of the license or
any contract, lease or franchise, or value as a going concern, or future
profits in pending or existing contracts or prospective profits,
revenues, dividends or any other intangible element;

9. "Real property", without words of limitation, includes all uplands,
lands under water, waters of any lake, pond or stream, all water and
riparian rights or privileges, all dams, races, sluiceways, and
machinery connected therewith, and all land, water and rights necessary
to carry out any project or development provided for by title 17 of this
article, including the right to divert running water of any stream or
streams, and lands necessary for such diversion, and all easements and
incorporeal hereditaments, and every estate, interest and right, legal
or equitable in land and water, including terms for years and liens on
real property as above defined and all real property as above defined,
acquired and used for railroad, highway and other public purposes in any
county containing a part of the forest preserve as now constituted.

10. For other definitions, also applicable in this title, see section