Attorney General Opinions

Lake Michigan water

NP-1483: The Department of Transportation has the authority to use allocated, but unused Lake Michigan diversion water, as discretionary diversion for dilution purposes, lockages, leakages, navigational level maintenance and similar uses (Ill. Rev. Stat. 1977, ch. 19, sec. 120.7). The department is responsible for allocating water diverted from Lake Michigan to communities and to the Chicago Ship and Sanitary Canal where it is used to "maintain the canal in a reasonably satisfactory sanitary condition." But some communities which have been allocated water cannot use it until they have built the necessary water systems. The allocations, however, are necessary to satisfy bond purchasers who will help finance the construction of the supply systems. The attorney general said the department has the authority to modify its rules and regulations to make temporary use of the allocated water unused by communities because the purposes for which the water will be diverted fall within the intent of the law.

28/June 1980/Illinois Issues