According to Illinois water laws, not every waterway is open to the public
The battle for river access is a decades-long fight in Illinois between landowners and outdoor enthusiasts. It's currently being waged in Plainfield, Illinois, a suburb located 35 miles southwest of Chicago.
Complaints from landowners about the public tubing down the river directly past their homes have prompted the Illinois Department of Natural Resources (IDNR) to review the public's right to access the DuPage River.
How did this start?
A Plainfield landowner lodged a complaint to the Illinois Department of Natural Resources (IDNR) against a river tubing company that operates in Plainfield. According to the Naperville Sun, the landowner stated that customers of the tubing company are leaving trash and trespassing on his property.
The business, Plainfield River Tubing, drops customers off on a public launchpad at Eaton Preserve. From there, customers float down the river on tubes, ending up near downtown Plainfield at Electric Park.
River traffic has increased
Although Plainfield River Tubing was approved last year by the village of Plainfield, private individuals have been floating and kayaking down the DuPage River for years. But recently, with outdoor activities increasing due to the pandemic, and the start of the new tubing company, the waterway has been busier than ever.
Most likely, this increased use of the river from people not realizing, or not caring, that they are floating past private homes, has created this latest fight between landowners and water recreationists.
The landowner with the complaint told the Naperville Sun he first tried to bring his issues to the village of Plainfield and the Park District. But after he did not receive a timely response, he took his problems to the state.
So now, the state is reviewing the use of the river and will determine if public access can continue. According to the Naperville Sun, they attempted to reach the IDNR for comment but did not hear back regarding the specific Dupage River case.
How can a river be closed to the public?
Illinois water laws are different than in most other states. You may think when you are in the water you are on public property, but landowners can own the land that extends into the river, meaning just floating past private homes on a tube or kayak might be trespassing.
Most Illinois waterways are not legally "navigable" waters. Navigable means the river or waterway is open to public use. Only some of Illinois waters are labeled as open to public use. And the DuPage River is not one of them.
River access is an ongoing issue
There is an article that dates back to 1996 from the Chicago Tribune that sounds like the exact same issue. Landowners didn't want to give up their historic ownership of their land, and recreational river enthusiasts wanted the right to use a waterway.
Many years later, nothing has changed, and the law is still confusing and vague. Currently, the IDNR has not announced when they will announce a decision on river access.
In the meantime, residents that live near the DuPage River and have been using it for decades for activities like fishing, kayaking, tubing, and bird watching are hoping to keep their rights to enjoy this natural resource.
Longtime Plainfield resident Ralph Osuch has begun a petition on Change.org to show authorities how many people use and enjoy the waterway. As of Sunday morning, the petition has reached nearly 3,700 signatures.
According to the petition:
"Our goal is to show the organizations and government bodies that are making these decisions that there are a lot of people that use the 28.3 mile DuPage River for recreational purposes and want to continue to do so for generations and generations.
"Personally, I have been a resident of Plainfield for 21 years. I have been fishing, kayaking & tubing the river since I’ve lived here and thoroughly enjoy spending time on the river with family and friends. I couldn’t imagine if this privilege was abruptly taken away from the public."
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