Title 33Navigation and Navigable WatersRelease 119-73

§426k Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois

Title 33 › Chapter CHAPTER 9— - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY › Subchapter SUBCHAPTER I— - IN GENERAL › § 426k

Last updated Apr 6, 2026|Official source

Summary

Creates a five-year test program to temporarily raise the amount of water taken from Lake Michigan at Chicago. The goal is to reduce shoreline damage on the Great Lakes and improve water quality in the Illinois Waterway by testing whether the average annual diversion can be raised from 3,200 cubic feet per second to as much as 10,000 cubic feet per second. Increases will be made step by step, will consider effects on the Illinois Waterway, and will be planned by the Army Corps of Engineers with the State of Illinois and the Metropolitan Sanitary District of Greater Chicago. The State and the District must carry out the program under the Corps’ supervision. Each month a controllable diversion rate will be set so the yearly average is between 3,200 and 10,000 cfs. If Lake Michigan is below its long-term average (based on 1900–1975 monthly levels), the next accounting year’s annual diversion must not exceed 3,200 cfs. If river levels near bankfull at warning stations or if extra diversion would hurt navigation in the Saint Lawrence Seaway and connected waters, no water can be taken at Wilmette, O’Brien, or Chicago River controls except for navigation needs. The Corps must study the effects on lake levels, water quality, and flood risk and report results and recommendations to Congress five years after October 22, 1976. Controllable diversion means water taken at the Wilmette, O’Brien, and Chicago River controls that is not due to leakage and is not needed for navigation.

Full Legal Text

Title 33, §426k

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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)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)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)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)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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 426k

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73