If enacted, HB 4708 would designate any segment of a lake, river, or stream capable of supporting commercial or recreational watercraft for a substantial part of the year as navigable. This designation would ensure that these waterways remain open to public access and use unless it is proven otherwise in court. Furthermore, the bill mandates the Department of Natural Resources to actively protect these public uses from interference, reinforcing the maintenance of open waterways for community enjoyment and ecological health.
Summary
House Bill 4708, introduced by Rep. Janet Yang Rohr, amends the Rivers, Lakes, and Streams Act to reinforce and clarify the public's right to access and use navigable waters in Illinois. The bill recognizes all rights to utilize navigable waters as established by state or federal law, emphasizing existing rights under the Northwest Ordinance of 1787 and the public trust doctrine. By doing so, the bill seeks to maximize the public's enjoyment of state waters, thereby supporting recreational activities such as boating, fishing, and swimming.
Contention
Notably, the legislation provides specific protections and limitations regarding public rights to use navigable waters, wherein any violations could lead to legal repercussions. These provisions aim to balance public access with environmental and property rights. However, potential contention may arise from property owners who feel that unrestricted public access to navigable waters may infringe upon their rights, calling into question the scope and interpretation of public vs. private land use. As the bill progresses, it will be crucial to address these concerns to ensure both public access and the protection of individual property rights.