Expanding Paddlers’ Access to Illinois Rivers
Contact your House Member TODAY!
All You Need to Know for Supporting HB 4708
By the Illinois Department of Natural Resources estimate, Illinois has 26,000 miles of waterways. Unfortunately, IDNR classifies only a select few of our state’s waterways as “navigable”, based on an anachronistic historical standard of “commercial navigability”. IDNR holds that ALL waterways they do not choose to classify as “navigable” are the property of riverfront landowners and paddling on such rivers could be considered trespassing.
Aside from the Illinois River and a few tributaries, there are very few downstate “navigable” rivers and nearly none in central, east central and downstate Illinois (see map) despite these areas having multiple beautiful and paddleable waterways offering abundant recreational opportunities for paddlers. In fact, paddlers across our state quite successfully “navigate” such rivers all the time.
IDNR officials oppose HB 4708 despite stating that “Expansion of water-based recreational lands and facilities” is a strategic priority, and despite finding that more than 66% of Illinoisans surveyed stated there should be more public access to lakes, rivers, and streams. Outdoor Recreation Plan
This opposition persists despite the Illinois Supreme Court stating that:
“The legislature should redefine navigability to be more inclusive because that would promote the State’s interest in recreational uses of waterways for all citizens of the State of Illinois.” Concurring opinion, Justice P. Scott Neville (Para 79, p. 20 Holm v. Kodat 2022 IL 127511) Holm v. Kodat full text
HB 4708 implements federal law by stating that “Any segment of a lake, river, or stream that is capable of supporting use by commercial or recreational watercraft for a substantial part of the year, or that is actually so used, shall be deemed navigable, and shall be open to public access and use.”
HB 4708 is not a “taking” since riparian landowner property rights have always been limited by public access rights guaranteed by the federal government since enactment of the Northwest Ordinance of 1787.
Current Illinois law is not consistent with public rights granted by federal law on this topic and would not withstand a federal court challenge. Why should our state go to the trouble, expense and “lawyering up” of a court challenge destined to fail when all our legislators need to do is simply VOTE YES on HB 4708!
More than that though, there is a growing enthusiasm for paddling in America!
• In 2018, 22.9 million Americans, or 7.6 percent of the U.S. population, took to rivers, streams, lakes, and oceans to participate in at least one paddling activity.
• In 2021 18.56 million Americans kayaked at least once, a 66.8% increase over 2011.
• 613,000 paddlecraft were registered in the U.S. in 2022, a 47% increase over 2012 registrations
According to the Illinois Paddling Council Survey of 750 Illinois Paddlers, 1 in 6 Illinois paddlers report having been threatened at some point in time for being on an Illinois River, only 3 of which report being cited for trespassing.
For you to do TODAY!!
Contact your House Member to express their support by signing on as a “Sponsor” of HB 4708!