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Water, Resources and Environment:

The Illinois Drainage Code – Accessing and Using the Statute
D. L. Uchtmann
ALTB_06-03, November 2006
 

Abstract

The Illinois Drainage Code is the principal Illinois statute addressing drainage rights and responsibilities in Illinois. It is available from the Website of the Illinois General Assembly. The citation to the Illinois Drainage Code is 70 ILCS 605.
 
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The Livestock Facilities Program
Illinois Department of Agriculture
August, 2001
 

Abstract

This is a link to the Illinois Department of Agriculture's summary of the Livestock Management Facilities Act. The Act establishes requirements for the design, construction and operation of livestock management and livestock waste-handling facilities. It also establishes specific procedures and criteria for the siting of such facilities and outlines the public information meeting process. The Livestock Management Facilities Act, adopted in 1996 and amended in 1998 and 1999, recognizes that farmers increasingly must expand their livestock operations to remain in business, and this trend has created a need for environmental safeguards to protect the interests of both citizens, generally, and farmers. The summary of the Act also includes links to the Illinois Statute, Administrative Regulations, and various forms. – D. L. Uchtmann
 
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Using Groundwater
D. L. Uchtmann
September, 2000
 

Abstract

Illinois follows the doctrine of reasonable use for groundwater withdrawals. This brief article describes that doctrine. It also describes the impact of the Water Use Act of 1983 and the Water Authorities Act on one's rights to withdraw groundwater, and the role of the courts in resolving disputes. Links to the Water Use Act and Water Authorities Act are provided.
 
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Using Water From Streams
D. L. Uchtmann
September, 2000
 

Abstract

In Illinois, rules for the use of stream water and ground water differ somewhat. For stream water, Illinois follows the Riparian Doctrine - Reasonable Use Rule: Each person owning land next to a stream is entitled to use all the stream water necessary to satisfy natural needs (e.g., to meet household needs), but is limited to reasonable use of the water to meet artificial needs (e.g., irrigation). Disputes about what is a reasonable share of the available stream water are resolved in the courts if they cannot be resolved informally.
 
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Pesticide Drift
Donald L. Uchtmann
June, 2000
 

Abstract

This article (1) examines how Illinois law discourages herbicide drift, and (2) illustrates how damages from suspected herbicide drift might be pursued under Illinois law. The Illinois Pesticide Act (Illinois Compiled Statutes, Chapter 415, Act 60) and principles of civil liability discourage herbicide drift. The Illinois Pesticide Act does so by making the irresponsible use of herbicides unlawful, and by assessing penalties of up to $10,000 for violations of the Act. The Act does not, however, provide any direct means through which an injured party can collect damages. Instead, injured parties must rely on civil liability principles and the courts to seek recovery for damages caused by suspected drift. The risk of being liable for pesticide drift encourages proper use and application of pesticides, and creates an incentive to settle pesticide drift cases out-of-court. But there is also the risk that a party will not be able to prove the case and recover compensation for suspected drift damage. An earlier version of this article was published in the Proceedings of Illinois’ 2000 Specialty Crop Conference.
 
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Department of Agricultural and Consumer Economics    College of Agricultural, Consumer and Environmental Sciences
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