The waterfall at the head of Illinois Canyon in Starved Rock State Park
The waterfall at the head of Illinois Canyon in Starved Rock State Park

Until a few years ago, the phrase “water protection” was automatically linked with the issue of water pollution; protecting our waters meant we only needed to be concerned about decreasing the amount of chemicals being released into our rivers from the end of a pipes, or reducing the soil and other contaminants carried by storm water into storm drains and then into our rivers.

Now “water protection” includes protecting the finite amount of water in our streams, wetlands, aquifer and other sources. Keeping our water clean in part means ensuring our water supplies are not depleted, that water withdrawals are managed sustainably for the people, fish and wildlife that depend on them. Projections for at least two regions in Illinois indicate that population increases will create a demand for more high quality water and greater withdrawals of both surface and groundwater. About two thirds of Illinois residents live in northeast Illinois; the population in that region, currently 6.8 million, is predicted to reach 10 million by 2030. In east central Illinois, the amount of water withdrawn from the primary source of water, the Mahomet Aquifer, is forecast to increase 51 percent by 2050 (this does not include water withdrawn for power generation).

In general, if you live east of the Mississippi, disputes over water use have historically been governed by the “riparian doctrine.” Based on an underlying assumption of plentiful water, the riparian doctrine entitles upstream surface water users to take a “reasonable amount” of water. In Illinois, “reasonable use” is also the standard applied to groundwater supplies. Defining reasonable use is typically done on a case-by-case basis, with decisions doing little to provide clarity to this vague standard.

In the last few years, several factors illuminate the problem of continuing to rely on an ineffective water use standard that does not take future needs into account: rapid population growth and development in sections of northeast and east central Illinois, increased contamination of groundwater from excessive withdrawals, drought events and water shortages, and the unknown impacts of climate change.