The Vermilion Deal

[SKollmann]

In Illinois, on most of our rivers and streams, it is legal for a landowner who owns land on both sides of a river to close that river. We believe this is the result of a misinterpretation by the courts, but it is legal. Such closures almost never happened, until two years ago when the only significant whitewater river in Illinois was closed by Buzzi Unicem,, the Italian cement Company that owns a mostly abandoned plant on the river, and a dam at the plant where several rafters have died over the years.

There had been another rafter death at the dam and another drowning upstream. Buzzi was afraid of additional liability, so they decided to permanently close the river. Much as we believe that all waters in the state should be public, the fact is that they had every legal right to do what they did. The Vermilion was closed indefinitely.

At this point, enter The Illinois Department of Natural Resources and its Director Marc Miller. Director Miller believed that the Vermilion should be open to the public, and so he asked the IDNR'S lawyer to enter into lease negotiations with Buzzi. It took several months during which time Buzzi's lawyers made it clear that the company reserved the right to cancel the lease at the first sign of increased liability for the company, and that the company sees the lease as an interim solution. A final solution would eliminate the dam, and would require two to four years of permitting and construction before it can be done.

There are many people in our community who for various reasons distrust the IDNR, but this is one time when our state government has gone far out of its way to be of service to the Paddling Community. IDNR agreed to put an exclusion zone around the dam and spend a significant amount of money eliminating hazards, preliminary to a more permanent solution that would provide the plant with necessary water, but eliminate the dam. Until then, the river would be open, but no one would be allowed near the dam or on Buzzi property, eliminating portages around the dam and Wildcat Rapid. (we have asked for reconsideration of allowing portages). These are the terms Buzzi imposed. If all falls in place the river will be opened this Spring. Buzzi holds all the cards. We may not like it, but if we want the river open we will have to live with it.

Much of the information in this editorial came from a meeting with IDNR personnel held on January 6, 2012

P.S. Letters thanking Director Miller, Lawyer Bob Mool, and Arlen Juhl-Office of water Resources might be helpful.

[Jonn Graham]

While I would like to see this section of river open again, I am getting tired of hearing about it. It was supposed to be re-opened last year..........what the hell happened! The DNR told us it would be re-open last year. Federal Law states that Buzzi CANNOT SHUT THE RIVER OFF!! Why don't any interested parties realize this. I went to meetings about this when it first happened. I told a legistlature to look into the federal law. I asked him if federal supercedes state law..............he said it did. Then federal law does not allow Buzzi to do this. In my opinion, Buzzi is breaking federal law. But, of course, big business wins again................I am sick of Illinois' crappy water rights laws.

 

There, I said it and got it off my chest. Now I feel better.

[Jim J]

Things move really slow with government and business and courts.

[John Gillio]

Exactly my sentiments, Jonn. I will be surprised if the river opens by spring or any time soon.

[Guest airbornemike]

HERE HERE!!! well put. Problem is John big buisness owns those politicians and lobbyist....but wait I thought corporations are people, how can a person own the freakn river.

While I would like to see this section of river open again, I am getting tired of hearing about it. It was supposed to be re-opened last year..........what the hell happened! The DNR told us it would be re-open last year. Federal Law states that Buzzi CANNOT SHUT THE RIVER OFF!! Why don't any interested parties realize this. I went to meetings about this when it first happened. I told a legistlature to look into the federal law. I asked him if federal supercedes state law..............he said it did. Then federal law does not allow Buzzi to do this. In my opinion, Buzzi is breaking federal law. But, of course, big business wins again................I am sick of Illinois' crappy water rights laws.

 

There, I said it and got it off my chest. Now I feel better.

[Mike Clifford]

There is a stark difference between screaming bloody murder on every issue that is important to us and discussing the details like professionals.

I think Tom did a fantastic job of presenting their case, which is presumably from the standpoint of the Illinois Paddling Council.

 

That isn't to say we shouldn't be passionate and vigilant, of course.

I just appreciate the approach taken with that editorial.

[ronk]

How "open" can the river be if the co's property along with portaging is still off limits? What's changed?

Big business doesn't always win.According to an article in Oakbrook TU's newsletter opposition from the IEPA & USEPA may be having enough of an affect to eventually cause Boz' megadairy near the Apple R to either be aborted or at least be forced to be more environmentally responsible.

[Jim J]

I also think Tom did a great job on this. Screaming at people like a fool only makes you look like a fool and makes the other party mad. People don't respond well to people who yell at them.