PUBLIC ACCESS-NAVIGABLE WATERS
The impact of HB1568 on state laws is significant as it reinforces the presumption of navigability for waterway segments capable of supporting substantial recreational usage. It also delineates clear legal safeguards for public access and usage rights, limiting interference from both individuals and public entities. The legislation aims to promote broader engagement with waterways while simultaneously retaining the authority of local governments to regulate public access on their properties. The Department of Natural Resources' actions concerning water navigation cannot be construed as prejudicing any claims regarding navigability in court.
House Bill 1568 aims to amend the Rivers, Lakes, and Streams Act by clarifying and expanding the public's right to access and use navigable waters in Illinois. This legislation stipulates that all rights recognized under state and federal law must be adhered to, including those established through the Northwest Ordinance of 1787. Specifically, measures are put in place to ensure that segments of lakes, rivers, or streams that can support commercial or recreational watercraft should be classified as navigable, thereby ensuring public access unless proven otherwise in court. The bill emphasizes the spirit of full and free enjoyment of state waters.
While proponents of the bill advocate for increased public access and enjoyment of natural water resources, potential points of contention may arise regarding the balance of local governmental powers and their ability to regulate on local waterways. Critics may argue that easing access could lead to conflicts over usage rights, especially in areas where private property borders these navigable waters. The bill also opens the door for legal challenges regarding what constitutes lawful access and could foster disputes over environmental protections vs. recreational usage, thus prompting a need for ongoing dialogue among stakeholders.