Federal law and Illinois law are at odds over ownership, access, and use of the state's streams, lakes & rivers - and the Legislature failed to pass a measure to deal with it.

A fraction of the waterways fall under Illinois law which permits public access. Federal law allows private ownership of most of Illinois' waterways.

House Bill 4708 - which saw little action in the 2024 legislative session - proposes that any lake, river, or stream that can support commercial or recreational activities should have open access.

The Illinois Environmental Council wants the bill passed. Council Land Use Programs Director Eliot Clay said he is optimistic lawmakers will hear the bill in the future.

"We've still got a ways to go in terms of passing this," said Clay. "We had gotten into the legislature this last year, and we definitely intend on bringing this back up. Especially during the next legislative session in 2025. There was pretty stiff opposition to this bill, especially from the agricultural communities."

There is a group of people who believe that if a river goes through somebody's property, the river is their property. Clay noted that previous legal cases have ruled otherwise.

The Illinois Department of Natural Resources says the state has almost 88,000 miles of rivers and streams within its borders.

Currently, about 2% of Illinois' surface water is navigable for boating, fishing, and swimming.

Illinois Sierra Club Clean Water Advocate Mila Marshall said HB 4708 would increase the number of people who are invested in wanting to keep streams clean and healthy.

"So it makes it more accessible and clarifies the language that the water is available for all," said Marshall, "while also still recognizing that property owners still can have their private land protected, and they still own, at the riverbed, that the water that's moving across it is free and open to the public."

Marshall, who has a doctorate in ecology and evolutionary biology, said the Illinois Nutrient Reduction Loss strategy created in 2015 is key for cleaner lakes, streams and rivers.

The program outlines best practices to improve water quality by reducing nitrogen and phosphorus levels.

New research at Iowa State University shows elevated nitrate levels have an outsize effect on the state's most vulnerable populations.

Studies show exposure to nitrates can increase the risks of birth defects and various types of cancer.

ISU Water Resources Assistant Professor Liu Lu said nitrates, which are prominent in ground and surface water near commercial agriculture operations, exceed safe levels, and affect Iowa's most vulnerable.

"Such as people of color," said Lu, "low-income populations, elderly, and also children."

Despite their negative health impacts, the Iowa Environmental Council reports only 4% of public water utilities in Iowa have nitrate removal systems.

The data show the presence of nitrates in the water is especially high in rural communities, and Liu said northeast Iowa's Blackhawk County stands out in her research.

"This county has very high nitrate in their treated water," said Lu. "They also have very high social vulnerability. So, people living in that county are disproportionately exposed to high nitrate in their drinking water."

Her research includes an interactive map that shows which parts of the state have the highest nitrate pollution in their groundwater.

Liu's work was published in Environmental Science: Water Research & Technology.



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Compared with other states, North Dakota has yet to see a big invasion of aquatic nuisance species. But officials are not letting their guard down, and to protect regional lakes, they ask boaters to pitch in with key cleaning steps.

The North Dakota Game and Fish Department says because of its location, North Dakota has largely been shielded from nonnative plants, insects and other organisms infesting its waterways as they have in coastal areas and the Great Lakes region.

Ben Holen, the department's aquatic nuisance species or ANS coordinator, said the southeastern part of the state has seen activity, namely with zebra mussels.

"Zebra mussels, they're manipulators of the ecosystem. They completely cover docks," he explained. "They clog water intakes. They push nutrients to the bottom, which increases vegetation growth out there."

That's bad news for native species, as well as economic activity from water recreation. As North Dakotans prepare their boats for the summer, they're asked to memorize key steps for each outing. Those include cleaning, draining and drying all equipment after every use, with a focus on removing all plants or animals from the watercraft prior to leaving the site. Doing so means these tiny creatures won't find their way to the next lake.

While his department does its mitigation work, Holen said, boat owners are being given tools to aid in their responsibility. Each year, boat-cleaning stations are being set up at access points to various North Dakota lakes.

"We've been looking to provide more and more each year for boaters, so it's never been easier for boaters to get cleaned, drained, dry at the boating access," he continued.

Holen said if boaters are not eager to help out, they could feel an economic pinch later through tax increases and higher water bills if state and local agencies have to clean or replace infrastructure damaged by an infestation.


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Iowa lawmakers are considering a bill that would require property owners to disclose the presence of lead water service lines during a real estate transaction.

Some of Iowa's residential water lines date back more than a century.

The Centers for Disease Control and Prevention estimates at least half of the children in the United States are at risk of lead exposure from water lines.

The Iowa Environmental Council's Director of Climate Initiatives Cody Smith said the problem is especially acute in Iowa, where most of the homes built before 1980 have lead in the lines that bring water to the house, and added it will be extremely expensive to address.

"It's estimated that fixing Iowa's lead service line issue would cost about $900 million statewide," said Smith. "So, this is a pressing health concern for the children in our state."

Iowa is responding to a federal rule passed last year that requires all service lines that contain lead to be replaced by 2035.

House File 876 would require sellers to disclose that their house has lead service lines in a real estate transaction.

Iowa utility companies are notifying people if their house has lead in its service lines and offering assistance to remediate it.

Smith said homeowners can also find out for themselves if there's lead in their pipes.

"You can use, like, a penny to scratch your service line where it comes in to often the foundation of your home," said Smith. "And you'll see if it's copper. It it's copper, you're fine. Or if it's PVC plastic, you're fine. But oftentimes, it's going to be a lead service line."

HF 876 has passed the Iowa House and awaits action in the Senate.




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