§ 426k. — Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC426k]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 426k. Five year demonstration program to temporarily
increase diversion of water from Lake Michigan at Chicago,
Illinois
(a) Authorization of Secretary of the Army; purpose; amounts of
increase; incremental accomplishment; effects on Illinois
Waterway; responsibilities for development, implementation, and
supervision
In order to alleviate water damage on the shoreline of Lake Michigan
and others of the Great Lakes during periods of abnormally high water
levels in the Great Lakes, and to improve the water quality of the
Illinois Waterway, the Secretary of the Army, acting through the Chief
of Engineers, is authorized to carry out a five-year demonstration
program to temporarily increase the diversion of water from Lake
Michigan at Chicago, Illinois, for the purpose of testing the
practicability of increasing the average annual diversion from the
present limit of three thousand two hundred cubic feet per second to ten
thousand cubic feet per second. The demonstration program will increase
the controllable diversion by various amounts calculated to raise the
average annual diversion above three thousand two hundred cubic feet per
second up to ten thousand cubic feet per second. The increase in
diversion rate will be accomplished incrementally and will take into
consideration the effects of such increase on the Illinois Waterway. The
program will be developed by the Chief of Engineers in cooperation with
the State of Illinois and the Metropolitan Sanitary District of Greater
Chicago. The program will be implemented by the State of Illinois and
the Metropolitan Sanitary District of Greater Chicago under the
supervision of the Chief of Engineers.
(b) Establishment of monthly controllable diversion rates; average
annual level of Lake Michigan and total diversion for succeeding
accounting year
During the demonstration program a controllable diversion rate will
be established for each month calculated to establish an annual average
diversion from three thousand two hundred cubic feet per second to not
more than ten thousand cubic feet per second. When the level of Lake
Michigan is below its average level, the total diversion for the
succeeding accounting year shall not exceed three thousand two hundred
cubic feet per second on an annual basis. The average level of Lake
Michigan will be based upon the average monthly level for the period
from 1900 to 1975.
(c) River stages approaching bankfull conditions on Illinois Waterway or
Mississippi River or further increased diversion adversely
affecting St. Lawrence Seaway water levels: limitation on
diversion
When river stages approach or are predicted to approach bankfull
conditions at the established flood warning stations on the Illinois
Waterway or the Mississippi River, or when further increased diversion
of water from Lake Michigan would adversely affect water levels
necessary for navigational requirements of the Saint Lawrence Seaway in
its entirety throughout the Saint Lawrence River and Great Lakes-Saint
Lawrence Seaway, water shall not be diverted directly from Lake Michigan
at the Wilmette, O'Brien, or Chicago River control structures other than
as necessary for navigational requirements.
(d) Additional study and demonstration program: determination of effects
on Great Lakes levels and Illinois Waterway water quality and
susceptibility to additional flooding and investigation of other
adverse or beneficial impacts; report and recommendations to
Congress
The Chief of Engineers shall conduct a study and a demonstration
program to determine the effects of the increased diversion on the
levels of the Great Lakes, on the water quality of the Illinois
Waterway, and on the susceptibility of the Illinois Waterway to
additional flooding. The study and demonstration program will also
investigate any adverse or beneficial impacts which result from this
section. The Chief of Engineers, at the end of five years after October
22, 1976, will submit to the Congress the results of this study and
demonstration program including recommendations whether to continue this
authority or to change the criteria stated in subsection (b) of this
section.
(e) ``Controllable diversion'' defined
For purposes of this section, controllable diversion is defined as
that diversion at Wilmette, O'Brien, and Chicago River control
structures which is not attributable to leakage or which is not
necessary for navigational requirements.
(Pub. L. 94-587, Sec. 166, Oct. 22, 1976, 90 Stat. 2934.)
