1112/ 227.1 PUBLIC UTILITIES
election. The terms of all appointed trustees in such district shall expire
on the first Monday in December following the first election of trustees under
1951, Aug. 2, Laws 1951, p. 1961, 1 5.1, added by P.A. 77-2753, 1 1, eff. Oct. 1,
1 Chapter 46, 1 10-1 et seq.
2 Chapter 46, I 1-1 et seq.
3 Chapter 111%, 1 225.
227.2 Reversion of elected board of trustees to appointed board of
Any water authority, that has determined to have an elected rather than
an appointed board of trustees pursuant to Section 5.1,1 may, in the manner
provided in this Section, revert to an appointed board of trustees.
Upon presentation to the board of trustees of a petition, signed by not less
than 10% of the electors of the authority, requesting that a proposition for
the appointment of trustees be submitted to the electors of the authority, the
board of trustees shall, at an election called for such purpose, submit such
proposition to the electors of the district. The ballots for such election shall
be in substantially the following form:
Shall the trustees of .......................... YES
Water Authority be appointed, rather than elected?
If a majority of the votes cast on such proposition are in the affirmative,
the trustees of the authority shall thereafter be appointed as provided in
1951, Aug. 2, Laws 1951, p. 1964, 5.2, added by P.A. 77-2753, 1, eff. Oct.
1 Chapter 111%, 227.1.
2 Chapter 111%. 5 225.
228. Powers of board
Such board of trustees shall have the following powers:
1. To make inspections of wells or other withdrawal facilities and to
require information and data from the owners or operators thereof concern-
ing the supply, withdrawal and use of water.
2. To require the registration with them of all wells or other withdrawal
facilities in accordance with such form or forms as they deem advisable.
3. To require permits from them for all additional wells or withdrawal
facilities or for the deepening, extending or enlarging existing wells or with-
4. To require the plugging of abandoned wells or the repair of any well
or withdrawal facility to prevent loss of water or contamination of supply.
5. To reasonably regulate the use of water and during any period of ac-
tual or threatened shortage to establish limits upon or priorities as to the
use of water. In issuing any such regulation, limitation, or priority, such
board shall seek to promote the common welfare by considering the public
interest, the average amount of present withdrawals, relative benefits or im-
portance of use, economy or efficiency of use and any other reasonable dif-
ferentiation. Appropriate consideration shall also be given to any user, who
has theretofore reduced the volume of ground water previously consumed
by such user or who has taken care of increased requirements by installing
and using equipment and facilities permitting the use of surface water by
6. To supplement the existing water supply or provide additional water
supply by such means as may be practicable or feasible. They may acquire
PUBLIC UTILITES 111% 232
property or property rights either within or without the boundaries of the
authority by purchase, lease, condemnation proceedings or otherwise, and
they may construct, maintain and operate wells, reservoirs, pumping stations,
purification plants, infiltration pits, recharging wells and such other facili-
ties as may be necessary to insure an adequate supply of water for the pres-
ent and future needs of the authority. They shall have the right to sell
water to municipalities or public utilities operating water distribution sys-
tems either within or without the authority.
7. To levy and collect a general tax on all of the taxable property with-
in the corporate limits of the authority, the aggregate amount of which for
one year, exclusive of the amount levied for bonded indebtedness or interest
thereon, shall not exceed .08 per cent of the value as equalized or assessed
by the Department of Local Government Affairs. For the purpose of acquir-
ing necessary property or facilities, to issue general obligation bonds bearing
interest at the rate of not to exceed 5 per cent per annum and payable over
a period of not to exceed twenty years, the aggregate principal amount of
which at any one time outstanding shall not exceed one-half of 1 per cent
of the value as equalized or assessed by the Department of Local Government
Affairs of all taxable property located within the corporate limits of the
authority and to levy and collect a further or additional direct annual tax
upon all the taxable property within the corporate limits of such authority
sufficient to meet the principal and interest of such bonds as the same ma-
ture. They shall also have authority to issue revenue bonds payable solely
out of anticipated revenues.
8. To consult with and receive available information concerning their du-
ties and responsibilities from the State Water Survey, the State Geological
Survey, the Board of Natural Resources and Conservation, the Water Re-
sources and Flood Confrol Board and any other board or commission of the
State. Before constructing any facility for providing additional water sup-
ply, the plans therefore shall be submitted to and approved by the Environ-
mental Protection Agency or its successor and all operations of such facili-
ties shall be conducted in accordance with such rules and regulations as may
from time to time be prescribed by the Pollution Control Board.
9. To have the right by appropriate action in the circuit court of any coun-
ty in which such authority, or any part thereof, Is located to restrain any
violation or threatened violation of any of their orders, rules, regulations or
10. To provide by ordinance that the violation of any provision of any
rule, regulation or ordinance adopted by them shall constitute a misdemeanor
subject to a fine in any court of competent jurisdiction of not to exceed $50.00
for each act of violation and that each day's violation shall constitute a sepa-
Amended by P.A. 76-2446, 1, eff. July 1, 1970; P.A. 77-1076, 1, eff. Aug.
"Environmental Protection Agency" The 1971 amendment deleted the
was substituted for "Sanitary water words, "full, fair cash" which had pre-
Board" and "the Pollution Control ceded "value" each time it appears and
Board" for "such Sanitary Water substituted "Department of Local Gov-
Board" in the second sentence of subsec- eminent Affairs" for "Department of
tion 8 by P.A. 76-2446. Revenue" each time it appears.
232. Annexation or disconnection of territory
Any adjoining territory may be annexed to such water authority in the fol-
lowing manner: A written petition requesting such annexation and signed by
a majority in numbers and in area owned of the owners of record of land in
such adjoining territory shall be filed with the court in which such authority
was created. A public hearing shall be had upon such petition after giving
such notice by publication or posting, as the court may direct. At such hearing,
any interested person shall be given an opportunity to be heard. If the court
finds that the petition has been signed by the required number of landowners
and there is no valid objection to such annexation, it shall enter an order an-
nexing such territory.