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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 ProgramUniversity of Illinois at Chicago

Part I

The Historical Context

Chicago and the Great LakesChicago = 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 off-shore 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 AquifersGroundwater 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 AgreementIf >100K gpd/90 days, then need a permitIf >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 permitsException standard: Permit granted if only option is Great Lakes water, but need water conservation and return flows back to basinChicago 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 Legislation1983 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, AICPPrincipal, Teska Associates

Key Recommendations

Improve watershed planning and connect to local land use decisionsUpdate development and land use regulations to support best management practices and make it easy to do the right thing

Reduce impervious surfaces – establish maximumEncourage conservation development

Enact stormwater management authority for growing areas of the statePursue regional water supply planning

Water Resources in NE IL

Source: Chicago Metropolitan Agency for Planning

Key recommendation

Metropolitan Planning Council

Develop a statewide framework for regional water supply planning

Groundwater and surface water, including Lake Michigan and Fox RiverData collection/analysisModelingScenario developmentRecommended strategiesManagement implications

Executive Order 2006-18

Regional Water Supply Planning Group9 Karen McConnaughay RWSPG Chair., Kane County Gov. Chairman, Kane County Board

Scott Goldstein Academia, Pub. Interest in Reg. Plan. Principal, Teska Associates Inc.Martin Jaffe Academia, Pub. Interest in Reg. Plan. Dir. and Assoc. Prof., University of Illinois Chicago

Mike Kenyon Agriculture Farmer; Kane County Board memberWilliam Olthoff Agriculture Farmer; President, Dutch Valley Growers, Inc.

Alan Jirik Business, Industry, and Power Dir. of Corp. Reg. Affairs, Corn Products Int., Inc.Jeffrey Schuh Business, Industry, and Power Senior VP, Patrick Engineering, Inc.

Jeffrey Edstrom Conservation and Resource Mgmnt. Project Planner, GeoSyntec ConsultantsJeffrey Greenspan Conservation and Resource Mgmnt. 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 Brown Real Estate and Development Gov. Affairs Director, Illinois Assoc. of RealtorsPatrick Smith Real Estate and Development General Counsel, Deer Point Homes

Sergio Serafino Wastewater, Non-muni. Water Supp. Sup. Civil Engineer, Metro. Water Rec. Dist. of GCJack Sheaffer Wastewater, Non-muni. Water Supp. Principal, Sheaffer Consulting, L.L.C.

Catherine Ward Boone County Government County Board ChairwomanCook County Government

Ruth Anne Tobias DeKalb County Government County Board ChairmanS. Louis Rathje DuPage County Government Chairman, DuPage Water Commission

Grundy County GovernmentKarl Kruse Kankakee County Government County Board ChairmanJerry Dudgeon Kendall County Government Director, Planning, Building, and ZoningBonnie Thomson Carter Lake County Government County Board memberKen Koehler McHenry County Government County Board ChairmanJames Bilotta Will County Government County Board member

Municipalities / Muni. Water SuppliersJoe Deal Municipalities / Muni. Water Suppliers Assistant to the MayorRobert Martin Municipalities / Muni. Water Suppliers General Manager, DuPage Water CommissionTom Hyde Municipalities / Muni. Water Suppliers Mayor, Village of Island LakeRobert Abboud Municipalities / Muni. Water Suppliers President, The Village of Barrington HillsThomas Weisner Municipalities / Muni. Water Suppliers Mayor of AuroraPeter Wallers Municipalities / Muni. Water Suppliers President, Engineering Enterprises, Inc.Karen Darch Municipalities / Muni. Water Suppliers President, Village of BarringtonDaniel McLaughlin Municipalities / Muni. Water Suppliers President, Village of Orland ParkWilliam Borgo Municipalities / Muni. Water Suppliers Mayor of Manhattan

Major Deep Bedrock Aquifers

Major ShallowBedrock Aquifers

Major Sand &Gravel Aquifers

Recharge to Deep Bedrock Aquifer System

¢0 20 40 60 8010

Miles

Deep Bedrock Aquifer System Absent

Low Recharge Rate

Very Low Recharge Rate

Moderate Recharge Rate

0 20 40 60 8010Miles

Bedrock surface in Kane CountyIllinois State Geological Survey

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Glasford Lower Fine textured UnitIllinois State Geological Survey

14

Glasford Lower Course textured UnitIllinois State Geological Survey15

Kane County ModelingIllinois State Geological Survey

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What can be done now?18

Good, old fashioned planning at local levelWatershed planning at subregional levelRegional water supply planningStatewide water supply plan

Same density, different impacts

Sustainable techniques

Impervious surface ordinanceTree ordinancesResidential pond/stream bufferGreen buildings

Respecting natural resources21

Hawksnest, Waukesha, WI

Only 80 of 180 acres were developed

Planning for new development22

South Elgin

Even in very urban environments…23

Additional public policies

Implement a water withdrawal permitting programEvaluate water demand aspect of land-use plansInclude water supply objectives in watershed plansImplement local recharge area protection programsDevelop guidelines for water conservationConsider alternative wastewater treatmentAdopt or promote LEED ND criteria

Contact information25

Scott GoldsteinTeska Associates, Inc.sgoldstein@teskaassociates.com847 869-2015