WELCOME to THE ILLINOIS PADDLER

Emergency Edition March 2009


A CALL TO ACTION !

The Illinois Department of Natural Resources has just announced that the Proposed Dam Safety Rule #3703 will be submitted unchanged to the Legislature for final approval. What this means is that we are about to lose several of our favorite paddling trips, (The famous Mid American Race on the Fox will become impossible to run). Some of our most beloved reaches are about to be closed to paddlers forever (see Jim Tibenski's letter below). Either we paddlers show that we are a force to be dealt with and mount an effective campaign against this legislation, or we allow the politicians to write us off, and bring about the permanent loss of something we treasure.

For reasons of political convenience the IDNR under our good friend Acting Director Marc Miller and Governor Pat Quinn, have both decided to take a pass on opposing this disastrous dam safety rule. This is happening even after all of the time and effort many of you put into writing and testifying at last Fall's public hearing. Make no mistake this legislation has powerful friends and was written as the direct result of a death at the Yorkville dam. While tragic, history has shown time and again that our worst legislation is almost invariably enacted while in the grip of a powerful emotion such as grief, and that is certainly the case here.

Once a piece of legislation is passed and signed by the Governor, The rule enacting the law is written. After public hearings the rule is sent to the Legislature's Joint Committee on Administrative Rules (JCAR). If JCAR approves, the rule becomes law. Rule #3703 is now on its way to JCAR. Our only hope at this point is to acquaint JCAR members with how bad this legislation is. If we can generate 500 to 1000 calls and letters to each JCAR member opposing this rule, we may have a chance.

The names, phone numbers and addresses of JCAR members are listed below. Call every member. Keep calling back until they call you back. Leave at least ten messages. Politely let them know how you feel about such poorly written legislation
Write a letter to every JCAR member, Marc Miller and Governor Quinn.

In your Letters and phone calls, use the talking points below and politely ask that Dam Safety Rule #3703 be rejected by JCAR and that the original legislation be reconsidered by the Legislature.


Here are the talking points for opposing Dam Safety Rule #3703

1. The mandatory 350'exclusion Zones will eliminate and close existing portages on 19 out of 25 dams on the Kankakee, Rock, Fox, Des Plaines, and the Vermillion (Danville). Since no funding is provided for the purchase of right of way, or the cost of rebuilding the portages. It is likely that none of these portages will ever be replaced. Because of this we consider it to be a high probability that paddlers and others will attempt to find alternative, far less safe portage routes across private land. Or, in order to avoid detection, some individuals may simply try to run the dams. Thus creating far less safe conditions than without the rule.

2. Because of many years if paddling tradition, these rivers and portages will continue to be paddled and used. Enactment of the exclusion zones is likely to result over time in an excessive number of enforcement problems for the IDNR, It could also result in widespread disrespect for the law, There is also the possibility of mass paddler protests and extremely negative publicity for IDNR and the General Assembly.

3. The rule will eliminate considerable investment by local governments without compensation. Several businesses that use the portages for putting in and taking out may go out of business, and a considerable amount of tourist dollars will be lost to river towns and businesses

4. The Rule has no effect on dam safety at any of the hundreds of other non-public dams in Illinois.

5. The Rule provides an unfunded mandate (to provide signage) to local dam owners and adjacent property owners of 2.5 to 3.2 million dollars at a time of great fiscal and budgetary constraints, and there is no enforcement mechanism if an owner decides not to spend the money. At an estimated cost of $100,000 per dam, clearly many signs will never go up

6. The rule criminalizes paddlers by making entry into the exclusion zone a Class III Misdemeanor

We hope you will keep us informed of any paddling related issues that you may have and we in turn will keep you informed as to what we are doing to make Illinois a Paddler Friendly State

Sincerely,

The Illlinois Paddler