WATER RESOURCES-A PROGRESS REPORT*

(Second of Two Articles) By ALEX VAN PRAAG, JR., President, Warren & Van Praag, Inc., Consulting Engineers, Decatur, Illinois

Historical Review

At the last Annual Meeting of the Illinois Municipal League and this Municipal Engineers and Commissioners of Public Works Session, I addressed you on the subject, "The Commission to Study Water and Drought Situation in Illinois—A Report on Its Activities." Today, one year later, I am asked to address you on the subject, "Water Resources—A Progressive Report."

First, let me review very briefly the essence of my comments, and the reasons therefor, expressed at the last meeting, for, to have an understanding of my brief progress report today, one must consider my earlier comments.

I then reported to you that the General Assembly of the State of Illinois, in 1955, had created a Legislative Commission to study the water and drought situation in Illinois. Among other things, the Commission was charged to "make a thorough study of the water and drought situation in Illinois and recommend legislation concerning surface and underground water and the ownership rights and privileges therein." This action of the General Assembly was accomplished through the passage and approval of Senate Bill No. 582, passed June 29, 1955 and approved July 6, 1955.

The creation of the Commission, you will recall, was the outgrowth of demands upon the state for an overall study of the water resources of the state, their use and their conservation, all of which was brought into sharp focus by the drought extending from 1952 to 1956, and the serious consequences thereof as they affected the public throughout the state. I reported to you upon the several meetings of the Commission held at various points in the state and the then attitudes of those bodies and the witnesses presenting the pros and cons of the subject to the Commission. I reported to you that the Illinois Municipal League was one of the bodies which presented its views to the Commission, and I further reported to you that in making its appearance before the Commission, the Illinois Municipal League recommended,

"that the Commission retrain from making recommendations to the General Assembly and to the Governor until it has arrived at conclusions and recommendations which result from a more thorough research, study and appraisal of the respective needs of agriculture, commerce, industry, recreation and urban areas, than the present appropriation permits, and until the Commission is convinced it has actually considered and resolved all important matters as they relate to water and drought." There was obvious apprehension on the part of the League that there would be premature legislation affecting the subject of water and water rights. In this the League was not alone.

I called your attention to the recently formed Water Resources Committee of the State Chamber of Commerce and its serious concern relative the subject of water, and to the very excellent publication of the Illinois State Chamber of Commerce dated August 1956 and entitled, "Illinois Water Supply—A Vital Necessity—A Growing Problem." This very excellent publication received widespread publicity and much commendation for its clear and concise presentation of its subject. This publication was directed primarily towards exciting interest throughout the state in the subject of water since, by many, no other subject is considered to be more vital to the continued growth and prosperity of the peoples and the industries of the state. It may be recalled that this publication urged that,

"(1) The Illinois General Assembly should authorize and provide funds for a thorough survey of Illinois water resources, uses and problems and agencies dealing with these problems. (2) No legislation relating to water rights should be enacted unless a thorough study of this problem is made and the interests of all user classes considered."

Further, I called your attention to the booklet entitled, "Water Resources Policy," being House Document No. 315 of the 84th Congress, Second Session, this being a communication from the President of the United States transmitting the report by the Presidential Advisory Committee on Water Resources Policy to the Congress.

Recent Progress Since I last addressed you, the subjects of water resources, water uses and water conservation have been brought more and more into prominence. Many agencies with diverse interests have interested themselves in the subject, and have pursued a wide variety of educational and publicity programs related thereto. The press throughout the nation has carried a wide variety of discussions of the subject matter. Technical publications have given the subject generous publicity. A variety of technical and professional organizations have continued to pursue the subject from many angles. Let us take a quick glance at a few of the developments.

Illinois Legislative Actions

In February 1957, the Commission on Water and Drought Study, created in 1955 as before noted by Senate Bill No. 582, made its report to the Honorable William G. Stratton, Governor of Illinois, and the Honorable Members of the 70th General Assembly (1957 session). This report, presented in booklet form, is entitled, "Illinois Water and Drought Study Commission—Report to the 70th General Assembly of the State of Illinois." As would be expected, this report recites the result of a year-long study by the Commission. It recites its findings based upon the several hearings held on the subject. Its findings recite almost verbatim much of the material contained in the Illinois State Chamber of Commerce report published under date of August 1956. Specifically, the Commission's findings and the Commission's recommendations are quoted from the published report as follows:

"Commission Findings.

1. The Commission finds that there is sufficient water in Illinois to supply all present needs if it were transported to, or located at the points of use. It recognizes, however, that regardless of the fact that there is an abundance of water in the rivers and underground supplies of the State and in Lake Michigan, accessibility and distribution constitute a major problem.

2. The Commission finds that existing State technical, advisory and enforcement agencies operating in the water resources field are functioning effectively and should be continued and strengthened.

3. The Commission finds that there is need for a more comprehensive study report on Illinois water resources than this Commission has been able to make. The Commission does not recommend any new State water rights legislation at this time.

"Commission Recommendations.

1. The Commission recommends that inasmuch as transportation or relocation of surface and underground water supplies may frequently be impractical or uneconomical, the primary resources policy of the State should be one of development and conservation of supplies in each area, guided by knowledge and investigation, rather than appropriation and priority as practiced in states of general water deficit.

2. The Commission recommends that the existing Water Resources and Flood Control Board be strength-

* Presented to Illinois Municipal League, Municipal Engineers and Commissioners of Public Works Session, Springfield, Illinois, November 11, 1957.

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ened by the appropriation of operating funds. These should be used to engage a full-time executive secretary and a professional and clerical staff to co-ordinate water resources activities of the Board. It is further recommended that the personnel of the Board, as now constituted, be changed to consist of five members to be appointed by the Governor and that they be empowered to employ their operating personnel.

3. The Commission recommends that the Water Resources and Flood Control Board utilize the services of the technical supporting agencies to prepare a comprehensive study report on Illinois water resources.

4. The Commission recommends that this report be accepted and that this Commission be discharged."

The Commission's findings and recommendations, it will be observed, were in complete accord with the recommendations to it by the Illinois State Chamber of Commerce and the Illinois Municipal League. I consider the recommendations to be good, and worthy of adoption.

Subsequent to the Legislative Commission's report, and consistent therewith, the State Chamber of Commerce sponsored in the 70th General Assembly Senate Bill No. 342, entitled,

"A Bill for an Act to amend Section 2 of 'An Act creating the State Water Resources and Flood Control Board and defining its powers and duties,' approved July 17, 1945, as amended, and to add Sections 2a and 2b thereto."

This amendatory Bill was introduced by Senators Jones, Dougherty and Larson. The Bill was eventually approved by both the Illinois House and the Illinois Senate and sent to the Governor for his approval. Your speaker joined others and aided in the sponsorship of the Bill and appeared before the Executive Committee of the Senate on May 7, 1957, to offer testimony in behalf of the Bill, for and on behalf of the Illinois State Chamber of Commerce. This amendatory Bill called for the activation of the already created State Water Resources and Flood Control Board, authorized by law July 17, 1945, but since 1945 relatively totally inactive insofar as water resources and water use and conservation are concerned. Further, it called for expanding the membership of that Board by adding four citizen members, giving Municipal and Industry representation thereon. It called for a bien-nium appropriation of $50,000 to permit the Board to begin to operate on a full-time basis with such employees and technical assistance as would be required to perform its prescribed duties.

Regrettably, this legislation was vetoed by the Governor. The text of his veto message reads, "This Bill adds four members to the present Water Resources and Flood Control Board. The appropriation is not adequate to accomplish the object sought and could not be profitably spent during the coming biennium. Since the appropriation must be vetoed, it does not appear desirable to increase the membership of the Board at this time. For these reasons, I veto and withhold my approval of Senate Bill No. 342."

It is believed by the speaker that the Governor was misinformed as to the true purpose and intent of the legislation and that he may have been misguided by certain advisors relative the subject.

This proposed legislation, had it been enacted, would have been a far step forward in bringing about a statewide study, investigation and report, so vital to a full understanding of the subject, and so vital to the full and worthwhile use of the vast assembly of material now In existing state agency offices but not in form available for most satisfactory use or for general distribution.

At this time. It seems that a renewal of this legislation effort in the next General Assembly will be advisable.

Nation-Wide Interest Continues

I said earlier that this subject of water resources, water uses and water conservation continues to excite interest throughout the nation. Let me give you a few illustrations. These illustrations show how agencies with ordinarily widely divergent interests are in agreement that water resources are of interest to every state, every group, and every segment of our population.

In December 1956 the Council of State Governments published a report (partial report) covering the subject of state administration of water resources. This document points out the alarm concerning, and interest in, the subject and the actions pertaining thereto already taken, in many states of the Union. It devotes considerable space to a discussion of state responsibility and state legislative needs. It calls for comprehensive planning and coordination with respect to the subject and it refers to legislation passed and needed with respect to water rights. The American Water Works Association, in its December 1956 issue of its publication entitled, "Willing Water," comments freely upon the action of the Council of State Governments, generally concurring in the urgency of consideration of the subject. It will interest you to know that the American Water Works Association in headlining its comments quotes "The Legislatures in most of the 31 Eastern States will this year consider Bills proposing to amend their existing water rights laws." It then urges every member of the Association to carefully study this subject and the comments of the Council of State Governments, and to act accordingly.

I had the privilege of attending the Annual Meeting of the American Water Works Association held in Atlantic City in May 1957. I particularly noted the great amount of time devoted to the subject which we are today discussing. Such eminent speakers appeared on the program as the Honorable Governor Robert B. Meyner of New Jersey, the Honorable M. J. Shelton, Deputy Director of Water Resources of the State of California, and the Honorable Abel Wolman, Professor of Sanitary Engineering, John Hopkins University (a member of the Citizens Advisory Committee). These nationally recognized authorities and speakers with many others, joined in urging a realistic national water policy and thorough and immediate research on the part of each and every state in the union with respect to our subject.

The League of Women Voters, with headquarters in Washington, D. C., in May 1957 published a booklet entitled, "On The Water Front." This publication calls for a complete and open discussion of Federal water policy, State water policy, water program planning, and a review of State and Federal policy with respect reclamation, flood control, watershed protection and pollution control. The subject of water is to be a major concern of the League and I recommend your reading of this agency's publication.

The foregoing are only a few of the many recitations of agencies and publications on the subject and are here given in order to impress upon you the wide variety of persons and associations interested, and the national scope of the problem.

The Illinois Situation

To bring you back again to the situation in Illinois, I call your attention to further action with respect to the subject on the part of the Illinois State Chamber of Commerce. On August 22, 1957, that body sponsored a day-long conference at Peoria, Illinois, entitled, "Water Resources Conference." More than 350 interested waterworks authorities, waterworks owners, public officials, and interested citizens attended. I can best tell you the importance of this meeting and its impact upon our state thinking by quoting to you the speakers and their respective subjects, as follows:

"Why The Concern About Local Water Supply?", by John H. Murdoch, Jr., Wynnewood, Pennsylvania.

"Water Supply Problems Of Illinois Communities," by Alex Van Praag, Jr., President, Warren & Van Praag, Inc., Decatur, Illinois.

"Determining The Needs Of Your Community Water Supply System," by L. S. Finch, Vice President and Chief Engineer, Indianapolis Water Co., Indianapolis, Indiana.

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"How The State Agencies Can Help," by Thomas B. Casey, Chief Engineer, Division of Waterways, Dept. of Public Works and Buildings, Springfield, Illinois; Dr. T. E. Larson, Assistant Chief, Water Survey, Urbana, Illinois; Clarence W. Klassen, Chief Sanitary Engineer, Department of Public Health, Springfield, Illinois; Dr. George B. Maxey, Head, Ground-water Geological Section, Geological Survey, Urbana, Illinois.

"Making The Most Of What You Have," by Frank C. Amsbary, Jr., Vice President and General Manager, Long Island Water Corporation, Lynbrook, New York.

"Arranging Adequate Financing And Winning Public Acceptance For The Program," by Robert S. Miller, Secretary-Manager, Board of Water Commissioners, Denver, Colorado.

"The Role Of The Business And Civic Leader," by Clayton M. Hoff, Executive Vice President, Brandywine Valley Association, Wilmington, Delaware.

"Watershed Protection, Reservoir Management And Pollution Abatement Pay Big Dividends," by Wendell R. La Due, Chief Engineer and Superintendent, Water Supply Bureau, Akron, Ohio.

At a dinner meeting, the Honorable Fred G. Aandahl, Assistant Secretary of the Department of the Interior, addressed the assembled group on the subject, "Water Resources Development—A Growing National Problem." Mr. Aandahl has been a life-time resident of North Dakota. He has been a farm operator all of his adult life except for 5 years spent as a superintendent of schools. Mr. Aandahl served as a member of the North Dakota Senate in the 1931, 1939 and 1941 sessions, made an outstanding record as Governor of North Dakota for 3 terms and served in the 82nd Congress. During his terms as Governor, he was Chairman of the North Dakota Water Conservation Commission and a member of the Missouri Basin, Inter-Agency Committee. Mr. Aandahl was named to his present position as Assistant Secretary in charge of water and power development in 1953. Mr. Aandahl's responsibilities include the direction and supervision of the Bureau of Reclamation and 3 regional federal power administrations.

Secretary Aandahl reviewed at considerable length the position of the Federal Government with respect to water resources. He commented freely upon a national water resources policy. He explained in much detail the operation of the various and many governmental agencies having authority or control over the matter of water resources, watershed protection, reclamation, and like subjects. The Secretary pleaded for cooperative effort between the Federal Government and the states, for a coordinated program of water resources development and a concerted drive for water resources conservation and pollution abatement.

As you will note, your present speaker had the privilege of appearing on the program. Copies of the presentations of all speakers are now prepared in a mimeographed publication by the State Chamber of Commerce and are available to you. I recommend to you your reading thereof. Copies of the comments made by your today's speaker at this meeting are available to you today.

While I am recommending informative reading to you on the subject of water as it applies to the State of Illinois, might I commend and recommend your reading of the Illinois State Water Survey report entitled, "Potential Water Resources of Southern Illinois," a report of Investigation No. 31 by the Department. While this publication may be flavored to encourage economic and industrial development in Southern Illinois, the publication certainly does set forth the importance of the water problem to every area of the state.

Water Rights In Illinois

Let us consider for a few moments the subject of Water Rights in Illinois.

The Illinois State Chamber of Commerce, through its Water Resources Committee, has caused to be prepared a most excellent report on water rights in Illinois. It has been prepared by John E. Cribbet, Professor of Law, University of Illinois. This report has not yet been released for general use. This report is currently being reviewed by the Water Resources Committee of the State Chamber of Commerce. Later, I look for it to be published as an approved policy of the State Chamber of Commerce and to be available to all. In the meantime, all rights are reserved.

At the risk of being criticized for publicly discussing the report by Professor Cribbet, but in the interest of directing your attention to the great importance of the subject, I want to comment briefly upon the subject.

First, let me say that I am not posing as an expert on water rights. This is a subject so involved in its character and its legal relationships that I am not at all qualified on the subject. However, there are certain features of the subject that I want to bring to your attention.

Generally, in the United States, the States divide themselves into two groups with respect to water rights. The so-called Eastern States, a group of 31 States, believe in and generally follow in their courts the so-called Riparian Doctrine. The so-called Western States, a group of 17 States, believe in and generally follow in their courts the Prior Appropriation Doctrine. Each of these doctrines has sharply different legal backgrounds and points of view.

Briefly stated, the Riparian Doctrine is one that recognizes a riparian ownership or right. A riparian proprietor is one who owns land bordering on a natural watercourse and hence has certain rights to use the water that flows therein. Other landowners are excluded from using the water except as they may contract with a riparian owner, This doctrine holds that water does not belong to the public, generally, (except for certain rights in navigable streams and public waters) or to the state, but constitutes a property interest to be adjusted among those who have access to the stream or lake from their own land. The doctrine further embodies the principle that all riparian properties on a watercourse or lake have equal rights with respect to the use of water, and that none can use to the extent of depriving others of equal opportunity to use. There are some theories incident to this doctrine that have to do with reasonable use. This doctrine has certain merit in our state when water is reasonably plentiful.

The Prior Appropriation Doctrine recognizes the theory of "first come, first served" and recognizes the right of a proprietor to acquire a right or prior appropriation of a water resource and a right to divert a given quantity of water at given times from a given place, and for use, generally, at a given place and for a certain purpose. This doctrine recognizes that the public, generally, does have, or did have, a prior right to the water rather than the right belonging originally to riparian owners, and consequently the state or the administrative agency represents the people in establishing the right to use water, and that this right can be given to an individual or group quite apart from the ownership of the adjacent lands. Once the right is given, it becomes a vested property interest. This doctrine seems to have had its inception in our western states where water is anything but plentiful.

Neither of these doctrines seems to cover well the matter of underground waters which may be stored or may travel in unknown areas and courses beneath the surface, and which waters do not recognize well defined courses through certain lands or well defined legal borders.

Illinois, being one of the so-called Eastern States, for water law purposes is firmly committed to a doctrine of riparian rights. However, there has been relatively little litigation in Illinois in the field of water consumption and use, and many questions can be answered only by reference to the laws of other states or by analogy to existing cases. The bulk of the available case laws deal with water in natural watercourses.

We, in Illinois, having been blessed with an abundance of water within the

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boundaries of our state or at the boundaries of our state, in the past have not concerned ourselves too much with the problem of water rights. However, our tremendous increase in water usage for practically every purpose for which water is used, is leading us to a point where we must now have clearly defined and clearly defensible laws and rules governing the use of water. In other words, we must now look ahead to water resources, their use and their conservation, such as we have never done before. This leads immediately into the subject of water rights.

Summary

My comments today are, you may observe, directed to a variety of phases as they regard water resources. Too, they are brief, for each of the subjects mentioned could be discussed for a period of hours. This diversified phasing and brief presentation has been purposely planned.

It has been so planned to attempt to bring to your attention and thinking the magnitude of the subject and the growing importance of the subject without attempting to give you all of the answers.

Every use of water is being increased in its requirements. More and more water is being used by our people in their daily living. Higher standards of living, more automatic washers, more air conditioners, and a wide variety of appliances point to this increased individual demand. Our industries are expanding at a fast pace. The industry demands for water are multiplying many times. Our public waterworks systems, whether municipally owned or privately owned, are hard pressed to supply the demands for water to all classes of users and are sorely pressed for ways and means of expanding the systems. Our agricultural use of water is becoming a more and more important matter, and if we are to continue to produce on our farms the foodstuff's required to support an ever-increasing population in the United States, agricultural use of water must he given proper attention and balance. In fact, your intimate study of the subject of water uses would give you real concern as to where the water is to come from to meet the persistent growing demands and whose water use should receive first priority.

Certainly, this is the time to stop and take a new look at the whole subject and the problems of water resources, water use and water conservation. This is evidenced by the widespread interests in the subject, both geographical and user-wise. Certainly, too, the subject must be reviewed on a national, state and local basis.

I do not mean to spread alarm—only warning.

I have said on other occasions, and I repeat here, Illinois is a state blessed with abundant water resources. Both within its borders and adjacent to its borders there are available almost inexhaustible sources. These, together with the underground sources, and the waters in the atmosphere and which daily pass over our state, can insure those of us in Illinois an abundant supply it discreetly used and conserved and discreetly apportioned to users. It is true that while we have abundant potential for water, we have a serious maldistribution of water. It isn't always where we want it and in the quantities we want it. Neither is water economically made available in all portions of our state.

Too, we have periods of plenty—we have periods of too much water—the floods, and we have periods of too little water—the droughts.

It is problems of such character, considered with our rapidly increasing uses of water, that puts the caution flag before us and tells up to stop and take a new look at all phases of this important subject.

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