Regional Water Supply Planning in Northeastern Illinois

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Regional Water Supply Planning in Northeastern Illinois The Hydrologic and Institutional Contexts

Martin Jaffe, Assoc. Professor and Director of the Urban Planning and Policy Program University of Illinois at Chicago

Part I The Historical Context

Chicago and the Great Lakes † Chicago = gateway for agricultural products and raw materials from West and manufactured goods from East (via Great Lakes) † Trans-shipment function also led to growth of Chicago’s commodity markets (CBOT, e.g.)

Historical Water Supply Problems † In 19th Century, Chicago drew its drinking water from Lake Michigan (via offshore cribs) and discharged its sewage into the Chicago River † After typhoid outbreaks, Chicago reversed the flow of the Chicago River in 1900 (discharging sewage to Mississippi River via Illinois River)

The Chicago Diversion

Contemporary Water Supply Issues † Chicago metro region estimated to add 1.8 million people and 1.4 new jobs by 2020. † Access to Lake Michigan water legally restricted and deep aquifer system being mined at unsustainable rates. † Both Lake Michigan and the deep aquifer system currently provide ~ 95% of region’s water supply.

Key Issue: Will there be enough water in 2020? † The answer is probably “yes” for most communities, if shallow aquifers used more as community water supply resources. † Despite likely adequacy of water supply, possibility of localized shortages within the metro region.

Part II The Hydrological Context

Lake Michigan Water † About 200 communities buy Lake Michigan water from City of Chicago and riparian communities (meets 83% of region’s need) † About half purchase their water from regional agencies, districts or commissions. „ Unclear why water wholesaled, since prices capped by law in Reclamation District service area. „ Wide variation in water rates even within districts.

Inland Surface Water Resources † Other inland surface water resources (Fox and Kankakee Rivers) have substantial water quality/quantity constraints. † Rivers provide only ~2% of region’s water use.

Bedrock Aquifers † Groundwater meets ~ 15% of region’s needs † Deep bedrock aquifers are the major water supply source outside the Lake Michigan service area † Have been historically over-pumped beyond sustainable yields

Surficial Aquifers † Shallow aquifers not well-mapped, their capacities are not well known, and they remain vulnerable to drought and pollution † Not a major water supply resource in the region, though they may potentially contain up to 580 mgd of available water

Part III The Legal & Institutional Context

U.S. Supreme Court Decrees Control the Chicago Diversion † Lake Michigan is the only water resource that is comprehensively managed in Illinois. † 1967 and 1980 U.S. Supreme Court decrees limited diversion to avg. of 3,200 cfs (~2.1 bgd) „ 1967: 111 allocation permits issued, serving 4.7 million people. „ 1980: 86 more permits issued, serving 1.3 million more people (with 40-year averaging).

Great Lakes Mediation Memorandum of Understanding † By 1996, Illinois had exceeded its diversion limit for 11 of prior 15 years – other Great Lakes states threatened legal sanctions. † Illinois entered into MOU to forestall lawsuit. „ Illinois agreed to keep to 3,200 cfs limit, PLUS make up its prior over-use over next 24 years. „ Reduces diversion to 2,568 cfs over short term. „ Illinois meeting (& exceeding) its targets.

Federal Laws Affecting Lake Michigan Water † Diversion also managed by 1986 federal Water Resources Development Act, sec. 1109 (d). „ Codifies Great Lakes Charter, adopted by Council of Great Lakes Governors in 1985. „ “Prior notice and consent” provisions give any Great Lakes state veto power over any new diversions. † Sec. 504 of 2000 federal Water Resources Development Act directed Great Lakes states to adopt a “common conservation standard” to guide their water use decisions.

Annex 2001 † Council of Great Lakes Governors agreed to develop standards to guide “prior notice and consent” review process – adopted Annex to Great Lakes Charter in 2001. † Governors and Canadian Premiers adopted implementing agreement in 2005.

2005 Implementing Agreement † If >100K gpd/90 days, then need a permit † If >5M gpd, then need regional review (with review based on technical data) † Need to adopt “environmentally sound and economically feasible water conservation measures” to get state/regional permits † Exception standard: Permit granted if only option is Great Lakes water, but need water conservation and return flows back to basin † Chicago diversion largely exempted (Art. 207, §§ 10-14)

State Control Over Lake Michigan Water † Diversion regulated under Illinois’ Level of Lake Michigan Act (615 ILCS sec. 50/1). „ State permit program adopted pursuant to Supreme Court’s decrees. „ Water users need allocation permits from state’s Office of Water Resources in IDNR. „ Transfer restrictions: “Use it or lose it” (Ill. Admin. Code, sec. 3730.306).

† Mandatory water conservation in Lake Michigan service (mandates 8% UAFF).

State Groundwater Legislation † 1983 Water Use Act (525 ILCS 45/1). „ Regulates wells only in Kankakee, Iroquois, Tazewell and McLean Counties (outside Chicago metro region). „ Regulates only large (>100,000 gpd) wells. „ Creates “reasonable use” standard for all ground water withdrawals in state (525 ILCS 45/6).

† Mandatory abandonment of wells under state’s Level of Lake Michigan Act had greatest impact on groundwater use within Lake Michigan service area

Recovery of Deep Aquifers

Protecting the Water Resources through Planning and Public Policy Scott Goldstein, AICP Principal, Teska Associates

Key Recommendations …

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Improve watershed planning and connect to local land use decisions Update development and land use regulations to support best management practices and make it easy to do the right thing † Reduce impervious surfaces – establish maximum † Encourage conservation development Enact stormwater management authority for growing areas of the state Pursue regional water supply planning

Water Resources in NE IL

Source: Chicago Metropolitan Agency for Planning

Key recommendation …

Develop a statewide framework for regional water supply planning Groundwater and surface water, including Lake Michigan and Fox River † Data collection/analysis † Modeling † Scenario development † Recommended strategies † Management implications †

Metropolitan Planning Council

Executive Order 2006-1 8

Regional Water Supply Planning Group 9

Karen

McConnaughay

RWSPG Chair., Kane County Gov.

Chairman, Kane County Board

Scott Martin

Goldstein Jaffe

Academia, Pub. Interest in Reg. Plan. Academia, Pub. Interest in Reg. Plan.

Principal, Teska Associates Inc. Dir. and Assoc. Prof., University of Illinois Chicago

Mike William

Kenyon Olthoff

Agriculture Agriculture

Farmer; Kane County Board member Farmer; President, Dutch Valley Growers, Inc.

Alan Jeffrey

Jirik Schuh

Business, Industry, and Power Business, Industry, and Power

Dir. of Corp. Reg. Affairs, Corn Products Int., Inc. Senior VP, Patrick Engineering, Inc.

Jeffrey Jeffrey

Edstrom Greenspan

Conservation and Resource Mgmnt. Conservation and Resource Mgmnt.

Project Planner, GeoSyntec Consultants Senior Project Manager, The Trust for Public Land

Joyce

O'Keefe

Environmental Advocacy

Deputy Director, Openlands Project

Lynn

Rotunno

Environmental Advocacy

Sierra Club, IL Chapter; McHenry County Defenders

Conor Patrick

Brown Smith

Real Estate and Development Real Estate and Development

Gov. Affairs Director, Illinois Assoc. of Realtors General Counsel, Deer Point Homes

Sergio Jack

Serafino Sheaffer

Wastewater, Non-muni. Water Supp. Wastewater, Non-muni. Water Supp.

Sup. Civil Engineer, Metro. Water Rec. Dist. of GC Principal, Sheaffer Consulting, L.L.C.

Catherine

Ward

County Board Chairwoman

Ruth Anne S. Louis

Tobias Rathje

Karl Jerry Bonnie Ken James

Kruse Dudgeon Thomson Carter Koehler Bilotta

Boone County Government Cook County Government DeKalb County Government DuPage County Government Grundy County Government Kankakee County Government Kendall County Government Lake County Government McHenry County Government Will County Government

Joe Robert Tom Robert Thomas Peter Karen Daniel William

Deal Martin Hyde Abboud Weisner Wallers Darch McLaughlin Borgo

Municipalities / Muni. Water Suppliers Municipalities / Muni. Water Suppliers Municipalities / Muni. Water Suppliers Municipalities / Muni. Water Suppliers Municipalities / Muni. Water Suppliers Municipalities / Muni. Water Suppliers Municipalities / Muni. Water Suppliers Municipalities / Muni. Water Suppliers Municipalities / Muni. Water Suppliers Municipalities / Muni. Water Suppliers

County Board Chairman Chairman, DuPage Water Commission County Board Chairman Director, Planning, Building, and Zoning County Board member County Board Chairman County Board member

Assistant to the Mayor General Manager, DuPage Water Commission Mayor, Village of Island Lake President, The Village of Barrington Hills Mayor of Aurora President, Engineering Enterprises, Inc. President, Village of Barrington President, Village of Orland Park Mayor of Manhattan

Major Deep Bedrock Aquifers

Major Sand & Gravel Aquifers

Major Shallow Bedrock Aquifers

Recharge to Deep Bedrock Aquifer System

Moderate Recharge Rate Low Recharge Rate Very Low Recharge Rate Deep Bedrock Aquifer System Absent

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Bedrock surface in Kane County Illinois State Geological Survey

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Glasford Lower Fine textured Unit Illinois State Geological Survey

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Glasford Lower Course textured Unit Illinois State Geological Survey

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Kane County Modeling Illinois State Geological Survey

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What can be done now? 18

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Good, old fashioned planning at local level Watershed planning at subregional level Regional water supply planning Statewide water supply plan

Same density, different impacts

Sustainable techniques … … … …

Impervious surface ordinance Tree ordinances Residential pond/stream buffer Green buildings

Respecting natural resources 21

Hawksnest, Waukesha, WI Only 80 of 180 acres were developed

Planning for new development 22

South Elgin

Even in very urban environments… 23

Additional public policies

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Implement a water withdrawal permitting program Evaluate water demand aspect of land-use plans Include water supply objectives in watershed plans Implement local recharge area protection programs Develop guidelines for water conservation Consider alternative wastewater treatment Adopt or promote LEED ND criteria

Contact information 25

Scott Goldstein Teska Associates, Inc. [email protected] 847 869-2015