Local Government Taxing Body Plans Work that Hampers Salt Fork Fish Kill Recovery

River Groups Call for Accountability and Responsibility

Champaign, July 1, 2003 ? Nearly one year after the devastating fish kill, river conservation groups have learned that a local unit of government, the Spoon River Drainage District, plans to dredge a high quality fish spawning area on the Salt Fork, altering the habitat in a manner that could undermine the river's ability to recover from the 2002 ammonia spill.

A member of Prairie Rivers Network, a statewide river conservation group based in Champaign, noticed backhoes stationed on the Spoon River in northern Champaign County and contacted the organization. The Spoon River is classified by Illinois EPA and DNR as a class "A" stream or a unique aquatic resource, which is a measurement of its high fish diversity and water quality. Although a small stream in a man-altered channel, it has varied aquatic habitats such as pools and runs, and is used by many fish like smallmouth bass to spawn and raise their young.

Prairie Rivers contacted the Champaign County Soil and Water Conservation District (SWCD) to learn that the drainage district intends to dredge the channel. Prairie Rivers Network notified the drainage district through SWCD of a recent record of a state endangered mussel, the little spectaclecase, in the Spoon River, forcing the Spoon River Drainage District to seek information from DNR before dredging. While the presence of endangered species may be an immediate issue, a larger question also exists as to whether the re-dredging is needed and what the overall impacts would be to the ecosystem.

"The main problem is how to balance the use of streams for agriculture, recreation, and wildlife, not the presence of endangered species," said Charles Goodall, farmer, drainage district commissioner, and a board member of Prairie Rivers Network. "Drainage in this area is important to agriculture and has contributed a great deal over generations, but today new ideas and new maintenance techniques are needed to bridge agricultural drainage requirements and stewardship responsibilities. This is an issue of sharing the waterway with other legitimate functions."

Members of Salt Fork River Partners, the local river conservation group concerned with the health of the river, have been monitoring the Spoon River for earth moving equipment and attending meetings to keep an eye on drainage district activities.

"High quality streams like the Spoon River, Jordan and Stoney Creeks will help repopulate the Salt Fork River with fish and other aquatic life," said Cecily Smith, a member of Salt Fork River Partners. "Biologists have suggested that any disturbances on these streams could hamper recovery from the 2002 fish kill."

Agricultural engineering research centered at Ohio State University, and research from University of Illinois, suggests new ways in which agricultural drainage can be maintained while providing habitat for aquatic and other wildlife, trap sediment and remove nutrients that impact water quality and aquatic life, and provide for reduced maintenance and, ultimately, lower property tax assessments.

"The Spoon River already possesses conditions suggested by current agricultural engineering research," stated Goodall. "Re-dredging and other work to increase the speed of water flow of water may not be necessary and may be a waste of taxpayer dollars."

Currently drainage districts are not required to provide notice of maintenance work to be performed, and citizens who are concerned about the health of rivers and streams, and the tributaries that act as spawning grounds for fish and other life, find it necessary to react to earth-moving equipment working on waterways.

"If there were notification requirements for drainage district work, we could work cooperatively with drainage commissioners to address environmental responsibility and other concerns," said Smith. "Instead, when work begins on high quality areas such as Spoon River, we have little chance for meaningful discussions on responsible practices. If drainage districts on class A streams are not going to demonstrate environmental stewardship required by the drainage code and other state laws, where can we expect it?"

Background

Drainage Districts were established by Illinois' Legislature in 1871, and have broad powers to build, straighten, deepen, enlarge and maintain manmade and natural streams, removing trees and other wildlife habitat structures. They also have authority to take property under eminent domain, to file lawsuits, and to levy property taxes within their boundaries, all with little public oversight or reporting requirements. Although Illinois drainage law was recodified in 1955, the powers of drainage commissioners have largely remained unchanged since 1871.

Illinois Drainage Law requires drainage district commissioners to protect environmental values [70 ILCS 605/4-15.1.]. The Illinois Endangered Species Protection Act requires drainage districts to consult with DNR if activities will adversely impact a listed species.

Prairie Rivers Network is the statewide river conservation organization, based in Champaign. Prairie Rivers is the state affiliate of National Wildlife Federation.

Salt Fork River Partners is a watershed-based river conservation group concerned with the health and protection of the Salt Fork of the Vermilion River.