(615 ILCS 100/0.01)

(from Ch. 19, par. 1350)

Sec. 0.01.

Short title.

This Act may be cited as the

McHenry County Dam Act.

(Source: P.A. 86‑1324.)

(615 ILCS 100/1)

(from Ch. 19, par. 1351)

Sec. 1.

For and on behalf of the State of Illinois, the Department of Public Works and Buildings shall have the power to acquire by donation, the title to the following land:

Beginning at a point thirty‑six (36) rods east and fifty‑six (56) rods north of the south‑west corner in Section one (1), Township forty‑four (44), Range eight (8) east of the Third Principal Meridian in McHenry County, Illinois, four (4) rods from high water mark on the west bank of Fox River, and marked by a stake 52 links north, 25° west of a willow tree 12 inches in diameter; thence south 23° east, fourteen (14) rods; thence south 19° east, eleven (11) rods; thence south 3° west, thirty‑five (35) rods to a stake about three rods south of section line; thence east four (4) rods to the river bank; thence following the bank of river to a point four (4) rods east of place of beginning; thence west to place of beginning; the same containing one and one‑half acres;

Also, a strip of land on the west bank of Fox River four (4) rods by sixty (60) rods long, in Sections one (1) and twelve (12), to begin at the outlet of the stream or creek that discharges its water from the north part of the land in Section one (1) to Fox River, Township forty‑four (44), Range eight (8) east of the Third Principal Meridian;

Also, commencing in the center of the river, 390 feet south of the north line of the south‑east quarter (S. E. 1/4) of the north‑west quarter (N. W. 1/4) of Section No. twelve (12), Township No. forty‑four (44) north, Range No. eight (8) east of the Third Principal Meridian; thence in a south‑easterly direction in the center of the river, 100 feet; thence west to the river bank and highwater mark of said river; thence west, 100 feet; thence in a north‑westerly direction, following and parallel to and keeping 100 feet from the highwater mark of said river, 100 feet; thence east to the place of beginning; all of said land being situated in the town of Nunda, county of McHenry and State of Illinois:

The title to said land shall be taken in the name of the People of the State of Illinois and the deed or deeds conveying such property shall be deposited in the office of the Secretary of State.

The land so acquired shall be reserved for the purpose of maintaining thereon the dam, boat lock and fishway now situated thereon.

(Source: Laws 1923, p. 63.)

(615 ILCS 100/2)

(from Ch. 19, par. 1352)

Sec. 2.

After the acquisition of the land and property aforesaid, it shall be the duty of the Department of Natural Resources, as successor to the Department of Transportation and the Department of Public Works:

(1) To take possession of said land and property.

(2) To maintain said dam at a suitable height to properly provide a sufficient depth of water north of said dam in the Fox River and the lakes adjacent thereto and connected therewith to enable said waters to be navigated.

(3) To employ a caretaker or custodian for the dam, locks and fishway and the equipment pertaining thereto and for the operation thereof.

(4) To make necessary repairs to keep said property in good condition.

(5) To make such recommendations to the General Assembly for the further improvement of said property as in its opinion the public welfare demands.

(Source: P.A. 89‑445, eff. 2‑7‑96.)

(615 ILCS 100/3)

(from Ch. 19, par. 1353)

Sec. 3.

There is appropriated to the Department of Public Works and Buildings for carrying out the provisions of this Act the sum of seven thousand five hundred dollars ($7,500).

(Source: Laws 1923, p. 63.)

(615 ILCS 100/4)

(from Ch. 19, par. 1354)

Sec. 4.

The Department of Natural Resources shall have authority:

(1) To prescribe reasonable rules and regulations in respect to all matters connected with the navigation and use of the said dam, lock and fishway, and transportation on or through said lock. Whoever shall wilfully or negligently refuse or neglect to comply with such rules may be fined in any sum not exceeding fifty dollars ($50) for each offense, to be recovered in the name of the People of the State of Illinois, before any justice of the peace in the county, and paid over to the Department for credit to a fund for the operation and maintenance of said lock and dam at McHenry. The Department of Natural Resources may prohibit all persons who wilfully refuse or neglect to comply with such rules from using said dam and lock. Printed copies of such rules and of this article shall be posted for public inspection at the lock. The power granted in this article shall apply as well to that part of the Fox River above and below the dam and lock within one thousand feet thereof.

(2) To do all work in the Fox River north of said dam and lock necessary to remove obstructions and maintain a navigable depth which otherwise would necessitate a further raising of the dam in order to comply with Section 2, paragraph 2, of this Act.

(3) To establish and collect reasonable rates of toll for the passage and use of the said lock and the river and lakes north of said lock, but such lock, river and lakes shall be free for the transportation of any property of the United States or persons in the service thereof passing through the same.

(Source: P.A. 89‑445, eff. 2‑7‑96.)