summary
Introduced
01/30/2023
01/30/2023
In Committee
03/10/2023
03/10/2023
Crossed Over
Passed
Dead
01/08/2025
01/08/2025
Introduced Session
103rd General Assembly
Bill Summary
Amends the Rivers, Lakes, and Streams Act. Provides that the public right to access and use navigable waters includes all rights recognized by State or federal law, including the rights set forth in the Northwest Ordinance of 1787 and the federal navigational servitude, and all rights arising under the public trust doctrine, which shall be understood and applied in a manner consistent with the spirit of the Act to maximize the full and free enjoyment of State waters by the public. Provides that any segment of a lake, river, or stream that is capable of supporting use by commercial or recreational watercraft for a substantial part of the year, or that is actually so used, shall be deemed navigable, and shall be open to public access and use, unless the contrary is proven in litigation by a preponderance of the evidence. Provides that no action or inaction by the Department of Natural Resources shall create a presumption, in any civil or criminal litigation, against the navigability of any waterway segment. Provides that the public right to access and use navigable waters shall be subject to specified protections and limitations, and a violation shall be punished as otherwise provided by law and, if likely to continue, enjoined by a court of competent jurisdiction. Provides that nothing in the Act shall limit the right of any person to challenge the legality of alleged interference with the public right to access or use navigable waters in any appropriate civil or criminal litigation.
AI Summary
This bill amends the Rivers, Lakes, and Streams Act in Illinois. It defines the public's right to access and use navigable waters, which includes all rights recognized under state or federal law, such as those set forth in the Northwest Ordinance of 1787 and the federal navigational servitude, as well as rights arising under the public trust doctrine. The bill establishes that any waterway segment capable of supporting commercial or recreational watercraft use for a substantial part of the year, or that is actually so used, shall be deemed navigable and open to public access and use, unless proven otherwise in court. The bill also outlines specific protections and limitations on the public's use of navigable waters, such as prohibiting interference with public access and requiring safe and least invasive portage on dry land. Finally, the bill preserves the right of any person to challenge alleged interference with the public's right to access or use navigable waters in appropriate civil or criminal litigation.
Committee Categories
Government Affairs
Sponsors (7)
Janet Yang Rohr (D)*,
Carol Ammons (D),
Harry Benton (D),
Diane Blair-Sherlock (D),
Kam Buckner (D),
Terra Costa Howard (D),
Anne Stava-Murray (D),
Last Action
Session Sine Die (on 01/07/2025)
Bill Topics
Public Lands and Water Management
- ‐ Land and Water Conservation
- ‐ Waterways and Flood Control
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1568&GAID=17&DocTypeID=HB&SessionID=112&GA=103 | 01/30/2023 |
| BillText | https://www.ilga.gov/legislation/103/HB/10300HB1568.htm | 01/30/2023 |
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