33 U.S.C. § 426k : US Code - Section 426K: Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois

Search 33 U.S.C. § 426k : US Code - Section 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.