Ill. Admin. Code tit. 17 § 3730.303 : CONSERVATION — ALLOCATION OF WATER FROM LAKE MICHIGAN — ALLOCATION RULES — Classification of Water Users

a) Applicants will be divided into broad categories determined by water use. The categories in order of descending priorities are: Categories IA, IB, IIA, IIB and III.

1)

Category IA -

Applicants whose primary water needs are residential, commercial or industrial and whose future or continued use of Lake Michigan water is the most economical source of supply.

2)

Category IB -

Applicants whose primary water demands are residential, commercial and industrial and whose use of Lake Michigan water would reduce the regional use of the deep aquifer.

3)

Category IIA -

Applicants whose primary water demands are for the minimum flows necessary to meet navigation requirements and minimum discretionary dilution flows necessary to maintain the Chicago Area Waterway System in a reasonably satisfactory sanitary condition.

4)

Category IIB -

Applicants whose water demands are for the minimum discretionary dilution flows necessary to meet water quality standards in the Chicago Area Waterway System.

5)

Category III -

Applicants whose water demands do not fall into Category IA, IB, IIA, or IIB.

b) In determining the need for Category IA and IB allocations, the Department will consider the following items:
1) Adequacy of supply from sources other than Lake Michigan.
2) Economics of alternative supplies.
3) For new applicants, priority will be given to allocations for domestic purposes.
4) For new applicants, allocations of Lake Michigan water will be made with the goal of reducing withdrawals from the Cambrian-Ordovician Aquifer (deep aquifer).
c) In determining the need for priorities within Categories IIA and IIB, the Department will consider the following items:
1) A limitation of 270 cubic feet per second for discretionary dilution for water quality purposes in the Chicago Area Waterway System.
2) The need to meet navigation requirements in the Chicago Area Waterway System.
3) The minimum discretionary diversion needed to keep water quality in the Chicago Area Waterway System in a reasonable satisfactory sanitary condition.
d) Category III applicants do not qualify for an allocation of water from Lake Michigan.
e) The Department will normally make allocations to meet the full water needs of Category IA and IB applicants as determined by the Department before any water is allocated to applicants in Category IIA and IIB.
f) In determining the amount of water available for allocations to Categories IA, IB, IIA and IIB, the Department will consider the amount of water that must be reserved for storm water runoff, lockage and leakage and a reserve for future increases in demands and storm water runoff.

Ill. Admin. Code tit. 17, § 3730.303

Amended at 38 Ill. Reg. 22801, effective 11/18/2014