§ 15-2317. Construction of reservoir on state-owned lands in a forest\n preserve.\n If as a part of any project for the improvement of a district it is\nnecessary to construct a reservoir on any part of the forest preserve,\nthe department must, before making the final order, cause such lands to\nbe accurately surveyed and the boundaries of the lands needed and the\nhigh flow line of the reservoir to be accurately fixed and thereafter,\nafter due notice, to hold a public hearing as to whether such lands are\nrequired for such public use and, if so required, as to what will be a\nreasonable return to the state upon the value of the rights and property\nof the state so used and the services of the state as to such lands if\nsuch improvement is made. If it be determined that such lands are so\nrequired, such determination must be incorporated in the final order\nwith a statement of the boundaries, the high flow line, the acreage and\nthe amounts to be paid to the state for the lands and services. Such\npayments to the state and the cost of building such portions of the\nreservoir as are on state forest preserve lands shall be apportioned\nlike other costs and expenses on the municipalities, other public\ncorporations and properties benefited to the extent of the benefits\nreceived. If additional land is required it shall be acquired or taken\nin the name of the state and the entire reservoir shall be the property\nof the state, although paid for by the district and dedicated for the\npurposes for which constructed. Such reservoir shall always be operated\nby the department or other state authority for the benefit of the\ndistrict. The reasonable return to the state shall be fixed for terms\nnot exceeding ten years and may be changed at the beginning of any new\nterm. The high flow line of a reservoir as referred to in title 23 of\nthis article is hereby defined as the level of the water in the\nreservoir when the greatest flood reasonably to be expected is passing\nover the spillway of the dam with all outlet gates closed. Before any\nsuch state lands are flooded, the timber shall be removed therefrom and\nthe construction thereof shall be approved by the Commissioner of Health\nas not creating or tending to create any unsanitary condition.\n
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