§ 15-1703 — Definitions

§ 15-1703. Definitions.\n When used in title 17 of this article unless otherwise expressly\nstated or unless the context or subject matter otherwise requires:\n 1. "Licensee" means a person or public corporation holding a license\nissued pursuant to title 17 of this article, his successor in interest\nor assign;\n 2. "Stream" means a river or other stream and its tributaries;\n 3. "Water power site" means the real property including rights\nappurtenant thereto or which may become appurtenant thereto which, when\na water power is developed, is necessary or useful for the construction,\nmaintenance and operation of a plant for the use of a fall of water for\nthe generation of power;\n 4. "Developed water power site" is a "water power site" where the\ndevelopment is used or usable in its present condition for the\ngeneration of power or where the works of such development are being\nconstructed or are in course of repair;\n 5. "Surplus canal waters" means such waters flowing in canal feeders,\nartificial canals or the canalized streams of the state, as in the\njudgment of the Commissioner of Transportation, are not necessary for\nany canal uses or purposes;\n 6. "Project" means a complete unit of improvements or development,\nconsisting of a power plant, all water conduits, or dams and appurtenant\nworks and structures which are a part of such unit, and all storage,\ndiverting or forebay reservoirs connected therewith, the primary line or\nlines transmitting power therefrom to the point of junction with the\ndistribution system, all miscellaneous structures used and useful in\nconnection with such unit or part thereof, and all water rights, rights\nof ways, ditches, dams, reservoirs, lands or interest in lands, the use\nand occupancy of which are necessary or appropriate in the maintenance\nand operation of such unit;\n 7. "Project works" means physical structures of a "project;"\n 8. "Reconstruction cost" of a project or of any part thereof means the\nactual and reasonable original cost to the licensee of the lands or\ninterests in the lands of such project or such part, less depreciation,\nif any, plus the cost of reproducing the ways, means and works thereon\nless the depreciation of such ways, means or works, including in such\ncosts a reasonable allowance for organization and development expenses,\nbut excluding therefrom any allowance for the value of the license or\nany contract, lease or franchise, or value as a going concern, or future\nprofits in pending or existing contracts or prospective profits,\nrevenues, dividends or any other intangible element;\n 9. "Real property", without words of limitation, includes all uplands,\nlands under water, waters of any lake, pond or stream, all water and\nriparian rights or privileges, all dams, races, sluiceways, and\nmachinery connected therewith, and all land, water and rights necessary\nto carry out any project or development provided for by title 17 of this\narticle, including the right to divert running water of any stream or\nstreams, and lands necessary for such diversion, and all easements and\nincorporeal hereditaments, and every estate, interest and right, legal\nor equitable in land and water, including terms for years and liens on\nreal property as above defined and all real property as above defined,\nacquired and used for railroad, highway and other public purposes in any\ncounty containing a part of the forest preserve as now constituted.\n 10. For other definitions, also applicable in this title, see section\n15-0107.\n