the rebirth of the santa cruz river in tucson, arizona is an ecological miracle. the santa cruz river flowed year-round until human intervention dried its banks more than 110 years ago. recently, the city of tucson decided to pump water back into the river. 

after only two years of consistent flow, the river has bloomed to support dozens of mammal, amphibian, and insect species, 135 bird species, 149 plant species, and one very special endangered minnow. 

the growing interest in the river has sparked reconnection with tucson’s heritage. the city is expressing renewed interest in native ecosystems, sustainable gardening, and water conservation.

the southwestern united states is entering its 22nd year of a megadrought, making water resources more valuable and more scarce than ever before. lawmakers, scientists, agencies, and governments alike face the challenge of finding innovations to use the smallest amounts of water for the greatest total benefit. a solution to this major challenge flows through the heart of tucson. 

water conservation in the desert 

in 2001, arizona received its first delivery of colorado river water through the central arizona project canals, allowing the city to move toward more sustainable water use by using less groundwater and investing in stormwater.  in 2013, wastewater treatment plants began releasing reclaimed water into the santa cruz north of the city as a groundwater reclamation project.

reclaimed water is a way to recycle the water that comes out of a city as sewage. water treatment plants clean the water with chemicals and release it so it can soak back into the ground to recharge as groundwater.   

the water in the santa cruz is cleaned further by natural processes and eventually soaks into tucson’s aquifer. the city of tucson says that groundwater recharge with reclaimed water is a safeguard for drought for tucson. it’s a water bank for times of need.

in 2016, the director of tucson water, tim thomure, pitched a new project –– expanding the existing santa cruz recharge effort. he wanted another pipe to release reclaimed water in the heart of downtown tucson.

the idea came to life three years later as the santa cruz river heritage project.

sciences elevate the river’s health

the dragonflies weren’t the only surprise attendees at the “opening day” of the heritage project. organizers projected the event to be tiny; it was barely even advertised. there was one small tent with one crate of water bottles. more than 300 people –– and a mariachi band –– came to celebrate water returning to the river.

“it’s a trickle of water really, but such a small amount of water has created such enormous change,” bogan told me.

he wasn’t kidding; the santa cruz outflows about 1,500 gallons per minute as of 2022. for comparison, the mississippi outflows around 266,159,000 gallons per minute.

bogan and his team do continuous monitoring through species counts, species abundance surveys, and remote monitoring, which provide resources to the city of tucson to keep it healthy and prosperous. almost in disbelief, he said that, “after only 2 years of continuous flow, we’re seeing an incredible amount of biodiversity.” the rapid recovery of the santa cruz river is a beacon of hope to ecologists and citizens alike.

it seems to me that the santa cruz river has had a certifiable field of dreams moment –– with michael bogan as ray kinsella. except, in our desert narrative, the iconic line goes, “if you water it, they will come.”

the cultural significance of the heritage reach

the base of sentinel peak (known more often as “a-mountain”) has been sustaining life for over 4,000 years, making it one of the oldest sites of continuous agricultural activity in the country. the tohono o’odham and their ancestors, the hohokam, have been stewarding the land for uncountable generations. 

in 1910, businessmen drilled 20 wells at the base of sentinel peak, drying up the river completely in just five years. deprived of water, the trees that stood sentinel along the banks of the santa cruz for hundreds of years perished. for 100 years, the santa cruz has been dry and forgotten, its once-raging waters are now caged in a narrow channel of concrete. it remains as a dry scar on the landscape, like an artery with no blood to pump. 

the heritage project chose the new pipe location based on the rich history. but why is the return of water to the santa cruz called the “heritage project” and not the “recharge project”?

“returning water to the river is just one part of what ‘heritage’ means,” kendall kroeson told me as we walked the grounds of mission garden together. to kendall, the heritage project will be complete if the people, food, and history that santa cruz supported for centuries are highlighted along with the ecological success of the river.

the history of tucson’s birthplace is kept alive by the spirit of resilience and the hardworking volunteers at mission garden.

“tasting history”

kendall is the outreach coordinator for mission garden, a living agricultural museum of heritage fruit trees, traditional local heirloom crops, and edible native plants. it stands on the 4,000-year-old agricultural site.

as i spent time in the quiet walls of adobe around mission garden, i spotted hawks soaring in the crisp morning air and petit gambel’s quail scuttling under the underbrush. native habitat met flourishing gardens in a brilliant display of desert beauty.

it felt like a sister location to the santa cruz –– a sister that is upholding the heritage, biodiversity, and sacred knowledge of crop cultivation alive as she waits patiently for the river to flow again. 

mission garden is more than a connection to the past, it is an active facilitator of the future. kendall showed me a fallow plot that would become “the garden of tomorrow”.

“we need to make more food, with less land, and less water,” kendall told me. “it’s a huge challenge.”

the garden plans to showcase drought-resistant plants and drought-tolerant garden practices. it will be an example of sustainable urban agriculture for tucson and the southwest. they educate people on how to grow food themselves. backyard gardening makes food more nutritious, decreases the use of pesticides, and decreases carbon dioxide emissions.

“it is important to know what happened in the past to know what is possible for the future,” says kroeson. “here at mission garden, we’re here to help people ‘taste history.’”

generational change in tucson

“four to five generations of tucsonans have disengaged with the river,” luke cole told me.

luke is the director of the santa cruz project at the conservation nonprofit, the sonoran institute. he and dr. bogan expressed the same sentiment when i asked them, “what’s one of the most important impacts you’re seeing from the santa cruz?” they both answered that it’s the community change they’ve seen.

i talked to charles giles, a lawyer, and avid cyclist who has lived in tucson for more than 70 years. when i asked him about the santa cruz, he immediately responded that “oh, it had been dead for quite a while.” he’s right. before the heritage project, tucson’s relationship with the water that once sustained it was all but gone.

new generations of tucsonans will come to know the river as a place to learn about the value of biodiversity and the importance of water conservation. dr. bogan revealed to me that he is approved to create a program that will build a curriculum for educators of all grade levels in tucson and train 30 teachers over the next three years. he will endeavor to reconnect the newest generation with the river through the power of science and cultural awareness.

the soul of tucson

as the world faces massive challenges stemming from climate change, it is more and more important to find the most impactful solutions that need the least resources. the brilliance of the santa cruz project is that by adding water, a multitude of benefits have sprouted. cole noted the importance of this in urban ecosystems, telling me that we need to ”celebrate the multi-uses when they’re there.”

the santa cruz heritage project is making tucson more drought resilient, conserving water resources, supporting critical biodiversity, connecting a city to its heritage, and educating a new generation. the flowing river is changing the heart of tucson.

something about the sound of water in the desert sings the song of survival to the human soul. massive change can come from the tiniest of sources, just as a mighty river can be reborn from the smallest trickle. 

instead of slapping sustainability vigilante brad lancaster with a fine, the city of tucson listened to rallying cries of support from the members of the neighborhood and granted him an audience with the city planning division. the city used his expertise and example to rewrite the laws and begin a stormwater infrastructure program in tucson, arizona. this grassroots sustainability project was handed to tucson clean and beautiful, a local non-profit, who then championed the spirit of renegade sustainability in several water harvesting projects. 

one of the most successful projects is green stormwater infrastructure (gsi). the epa states that “green infrastructure filters and absorbs stormwater where it falls.” gsi can range from rain barrels in backyards, trees placed in a basin along a street, roundabouts to collect water, or a rain garden. 

now, nearly two decades after lancaster carved tucson’s very first piece of gsi into a curb, the southwestern u.s. faces unprecedented climate conditions––and the development of gsi is as pertinent as ever.

my home state of arizona has been in an intense state of drought for 20 years (as long as i’ve been alive). human-caused climate change has exacerbated a natural cycle of drought into a historic mega drought, making the southwest the driest it has been since 1500 ce. i live in a water-limited environment, where the conservation of life’s most important resource is always at the forefront of planning decisions.

arizona currently sources its water from the colorado river through the central arizona project (cap), as well as several small running rivers, groundwater, and rainwater.  the colorado river gives 5 million people in arizona water, providing for a whopping 80% of the population. daily life in tucson relies so heavily on the river that it was a crushing blow in august 2021 when lawmakers called an official drought on the colorado river–– a historic first for the colorado basin. lake mead, the reservoir fed by the colorado, hit critical and historic lows, triggering the drought. consequently, water allocations must be cut for colorado, nevada, utah, arizona, new mexico, tribal nations, and mexico.

the first round of cuts will mostly be to the agricultural sector and may not affect the average city dweller; however, arizona’s drought is predicted to get worse in the face of rising temperatures. 

as arizona looks to options for redressing this life-threatening change in water availability, tucson may prove to be an oasis and an example to other cities.

nichole casebeer, the newly appointed gsi project manager at tucson clean and beautiful (tcb), says she came to tucson because it “…is a leader for water conservation in all of the southwest, and maybe even in arid lands globally.” she is striving to continue the legacy of community-led development and leading the charge to expand the underutilized, incredibly affordable, sustainable, and beneficial alternative of stormwater harvesting. even more than past leadership, casebeer is shifting tcb toward a less top-down approach.

casebeer spoke to me about drawing up the new strategic plan for tcb. she wants to target divested neighborhoods, which are those that have historically not been allocated resources from the city for development. she told me that, “(they’re) taking early steps to prevent gentrification and ensure that the positive effects of green stormwater infrastructure and beautification benefit the people who have historically lived in those neighborhoods.” these benefits include passively irrigating trees to create greener neighborhoods, reducing flooding, calming traffic, making streets safer, creating tree canopy to cool streets, and beautifying neighborhoods to create more vibrant communities. 

tucson’s sustainable water use is largely thanks to citizen behavior. tucson citizens have cut water use with practical solutions like up-to-date fixtures, including faucets and toilets, and ecologically conscious lawns. however, tucson’s population is growing, and as lake mead lowers, we will receive less and less water. 

“on a net balance level, 100% of tucson water’s use is colorado river water,” said tucson water’s superintendent of public information and conservation, james macadam. so when our river allocation gets cut, so does our use, if we don’t want to deplete our precious aquifer. 

while the drive for sustainable water use in tucson grew organically, driven by grassroots projects, it is now also being championed by the city government, which plans to make stormwater a larger part of tucson’s water allotment. in march of 2020, the city passed a tax on water use to help support new green stormwater projects.

the tax will collect about 3 million dollars every year to distribute to communities. green stormwater infrastructure has immense social and economic benefits, and it’s now accessible to everyone in any neighborhood across the city. 

casebeer is excited about the future of tucson’s leadership in water sustainability, both to help fight the effects of climate change and to improve the lives of people. 

“the increased pride in neighborhoods that receive gsi is one of the greatest benefits,” she said. “it’s amazing what increased connection and uniting our urban fabric around such a vital resource can do.” 

author’s note:

stormwater may be an especially important resource to those of us in arid climates, but rainwater is an essential part of every natural and human ecosystem around the country. the arizona municipal water users associations outlines essential actions that every citizen can take to make their rainwater clean and to make stormwater more efficient at the local level. follow the actions outlined here to help reduce pollution and make water safer for humans, animals, and the environment.

by animating a water molecule, the story grabs children’s attention to the importance of this crucial resource and how their everyday lives involve water usage. “the little water molecule” story series brings a sense of responsibility in children to save water. the particular story being submitted today is the first one in the series, which introduces the water molecule character, while exploring the laboratory setting. through this kid’s story, i hope to make water a friend that can inspire children to value, conserve and avoid polluting it. early exposure to water conservation and impact will increase the support that we need to continue on our path toward sustainable use of resources.

additionally, an early introduction of scientific concepts to the curricula of children better equips them for future skills and sustainable success, because it sparks curiosity and a sense of exploration of their surroundings. i follow the intellectual creative route when developing my stories for children to foster interest in water as an important resource in their lives. in this way, i use “the little water molecule” to introduce the idea of molecular charges as a result of loss or gain of atomic particles. for example, at some point in the story, the molecule loses a proton and becomes unstable, which really means it is negatively charged. the trick is to deliver the scientific terms in the story to the kids in a way that makes sense to them. i confess that some concepts are much harder to explain than others, but i still have fun trying.

when asked about my source of inspiration, i remember my days working in a laboratory as a chemist. the work required careful planning and great attention to detail. so during the mental pauses, i allowed myself to be creative and think up stories about the chemicals i worked with. now that i no longer work in a laboratory setting, i find comfort in my artistic hobbies such as writing about how a little molecule of water is chemically changed because of her surroundings. the story still needs a few more tweaks, but the storyfest contest for the 2021 planet forward summit is a great place to test it. the ultimate goal is to publish it and start writing the next science-backed tale involving a group of children helping “the little water molecule” save a river from being polluted.

water flowing from his tube well had already started decreasing in late february, a month and a half before the summer’s arrival. but in the previous few days, as the sun generates more scorching heat, the drought becomes more and more severe.

the mercury rises to 115° fahrenheit, but this is no time for fear. sazzad decides it is the ideal time to equip himself and take necessary measures.

this sexagenarian farmer from barind area of rajshahi district in bangladesh, a south asian country, has been facing the water crisis during summers for over a decade. heavy use of groundwater, decreasing rainfalls, and inadequate surface water sources plunge thousands of farmers into crisis every year.

the barind tract, spanning around 3,500 square miles in the northwestern part of bangladesh, is comparatively at a higher elevation than the adjoining floodplains. even when the floodplains are submerged during monsoons, the land in the tract remains dry. its adjoining rivers do not recharge the groundwater layer because of its lower elevation.

as the population increases, many of the surface water sources are filled with soil to build houses. meanwhile, the farmers need to pump groundwater for irrigation, putting tremendous pressure on water layers. during the dry days, the majority of tube wells for drinking water become unusable.

“for the last five years, the tube well at my yard cannot pump water during summer days,” hossain said. summer is the major season for paddy cultivation, requiring around 2,000 liters of water for production of one kilogram of rice.

“people of our neighborhood have to walk miles to fetch drinking water. sometimes we drink less to save water for the next day,” he said.

according to statistics from the water development board, the government agency in bangladesh that monitors water resources, the top layer of groundwater in barind tract was found in as far as 10 meters deep in 2004, but by 2012 the layer depleted dramatically to 29 meters.

“the situation is deteriorating with every passing year,” said chowdhury sarwar jahan, professor at geology and mining department of the university of rajshahi in bangladesh.

naren hasda, a farmer in the barind area, said, “now people need to dig even 60 meters to reach drinking water layer.”

water scarcity not only affects the harvest of seasonal crops, it also contributes to diseases and ecological destruction. “many animals have already become extinct,” hasda added.

to cope with the water crisis, farmers in the barind tract are opting for alternative water sources, rather than relying on groundwater. community people, with the help of local government institutions, are digging ponds and canals to store rainwater. they also clean existing surface water sources to reduce their dependence on groundwater.

since 2015, the development association for self-reliance, communication and health (dascoh), an ngo in bangladesh, has been implementing an integrated water resource management program involving community people, civil society members and local government institutions,.

the program applies the 4r approach: reduce, reuse, recycle, and recharge. it helps communities reduce the use of groundwater and clean water in the existing ponds, so people can use surface water.

hossain hopes to inspire communities to reuse more water.

“people in my neighborhood are digging new ponds, canals and setting up large jars on rooftops to store rainwater,” he said. places for new ponds and canals are chosen adjacent to households and agricultural land to help people use reserved water both for irrigation and domestic use during crisis hours.

hasda said, “we are also cultivating fish in the ponds and growing vegetables on the bank of ponds, which makes us economically solvent.” they also recycle the water used for household work to cultivate vegetables.

community people, with the help of local government institutions, have set up pipes on the rooftops to drain rainwater to recharge groundwater layers. the geology and mining department of the university of rajshahi also set up groundwater quality testing machines in 35 locations in the barind area. researchers from the department regularly examine groundwater quality and layers.

the program encourages farmers to cultivate alternative crops like lentils, vegetables and fruits, which consume less water and help farmers make more money.

“in this way, production cost decreases and farmers enjoy more benefit without causing pressure on water source,” hossain said.        

hasda said that people from the community, in cooperation with local government institutions, have formed committees to take care of the initiatives and opened a bank account to save money, 20 percent income from selling agricultural produce, to take care of surface water sources.

“it requires cleaning and dredging every year; we use the money to take care of the process,” hasda said.

akramul haque, chief executive officer of dascoh, said this environmentally friendly approach is helping people cope with the water crisis.

tareq mahamud, a water and sanitation expert in bangladesh, said this sustainable approach will help protect the next generation from another water crisis. “we now need an integrated policy from the government to engage more people in the process.”

with the news of day zero breaking just weeks before i was set to board a plane to live in cape town for four months, i panicked and bought an excessive amount of hand sanitizer, body wipes, and a new reusable water bottle. day zero was set to occur during my program, meaning that all of the taps in the city would be turned off in mid-april, and capetonians (roughly 4 million people) would have to fetch their government mandated 10l per day per person from one of 200 water distribution stations across town.  

as i stepped off the plane on january 26th, the first signs of the crisis confronted me right away in the south african border control line. a poster covered the main wall from floor to ceiling; it urged with optimism that tourists can easily conserve water to avoid the dreaded day zero to help residents. this was just the beginning.

conservation, it turned out, was actually incredibly simple once i learned to break habits and forge new ones. in the bathroom of our study abroad office, tips and tricks on how to best utilize our 50l per day allowance covered the wall tiles. i quickly picked up the phrase, “if it’s yellow, let it mellow,” meaning that we should only flush the toilet when it was more than our own urine. to take the conservation even further, we were urged to throw away all ‘yellow’ toilet paper into the covered trash can. the logic behind this being: the less toilet paper that goes through the pipes, the less water that will have to be used to flush away any clogs.

our sink system was innovative too—when washing our hands, the soapy water was collected into a bucket that was eventually poured into the toilet tank to flush. with every bathroom use, the more i thought about how potable water is severely overused. why flush down human waste with water that could quench a person’s thirst?

perhaps the most eye-opening experience into the effects of the drought were observed when i moved into my homestay in langa, cape town’s oldest township. townships were created under housing discrimination laws, particularly during apartheid, to segregate “non-white” south africans into their own communities after being forcibly removed from their homes. these newly created townships did not have equal access to many public services, such as adequate sanitation and education; many of these racialized disparities continue on today. i saw in langa how the water crisis crept into more than going to the toilet, but into access to potable water, washing dishes, and bathing. as the dam levels decreased, so did the water quality provided to the majority of residents. my family had to boil all water before they drank it.

this extended even further to bathing and cleaning the dishes. to save money and water, my family had to turn off their hot water taps. this meant boiling 2-3 kettles for each bath and 1 kettle (1.5l) to sanitize dishes in a single bucket placed in the sink for a family of 6.

my first experience bathing was a panicked mess. as i poured the boiling kettles into the bath tub, the first thing i noticed was the slightly yellow color of the water. the second was how burning hot it was! i clearly had to add cold water, but if i added too much i’d be in a cold tub with wasted hot water. as the week progressed, i became an expert on how to wash my hair and body with the roughly 1.5-inch bath water using buckets and washcloths to help.

as i considered my own experience with concerned texts from friends at home to ask me if i am dehydrated flooded in, and the complaints of my fellow abroad classmates on having shorter showers dominated conversations, what became apparent is that my fellow tourists’ and i have the ultimate responsibility to conserve as best we can, no matter what.

this water is not ours—it should be reaching the outskirts of cape town’s townships up to the tip of table mountain. we, as visitors, have the option to depart if day zero hits. the residents here don’t. the water conservation methods in bathing, washing dishes, and going to the toilet have opened my naïve american eyes to 1) how wasteful my own water practices are in the states and 2) how simple it is to save potable water by adjusting daily habits and giving up certain excessive comforts.

so far, day zero has been pushed back into june. continued, if not increased, water conservation efforts are the only way residents and tourists can take pushing back day zero into their own hands. a drop in the ocean really does make all the difference in this case when everyone works together. while it is a multi-faceted crisis with a layer of issues impacting its effects, hopefully day zero can be pushed back into the rainy season or eliminated altogether.

i would like to dedicate this piece to my generous host family and to all capetonians conserving humanity’s most sacred resource, amanzi. enkosi (thank you) cape town for sharing yourself and your water with me for four months.

mary whipple’s day ends with throwing away bags of dust collected from her home in waltham township in lasalle county, illinois. “all that dust that i vacuum up in my bedroom every day,” she said. “you would not believe what i vacuum up from my carpet.”

since 2013, mary and her husband monty whipple have fought for their community as plaintiffs in the ongoing lawsuit to stop a proposed sand mine that would be built close to their farm just north of interstate 80 near the village of north utica. the case is now back in the trial court, where defendants will be required to answer the complaint, and “discovery” will begin. the case will go forward in the circuit court in bureau county, illinois.

mary whipple, now 66, was born in lasalle and lived in lasalle county her whole life. her parents, richard and irene dittmar, also lived there all their lives, and monty’s family resided on their nearby farm for generations as well. they’re fighting for their community and their legacy.

the story began when the north utica village board gave a permit to aramoni llc, a division of the investment firm woodland path in oak brook allowing a sand mine to take over property previously intended for commercial development. the land is very close to the homes of people living in waltham township, which immediately borders north utica. nobody expected a sand mine and waltham residents will be directly affected by the sand mine activities.

“living where we have been for many years, we’re very aware of what mining does,” mary said. “stripping riches off of the soil and the possible contaminations, truck traffic and hazards that go with mining? there’s a place for everything, and this isn’t the place to have it. that land is a god-given gift. you’re never going to be able to replace it.”

the lawsuit focuses on the prospective nuisance that will negatively affect the well-being and daily lives of the families — mostly farmers — living close to the site. even though lasalle county has many sand mines, none have been directly built on vast acres of prime farmland. the land had been sold, however, for commercial development.

understanding sand mining for fracking

fracking (known as hydraulic fracturing) is an oil and gas extraction technique that involves breaking up rock underground to release oil and natural gas deposits by pumping liquids into wells at high pressures. the chemicals used in the process and the risk of groundwater contamination are major concerns raised by fracking, according to ted auch at the fractracker alliance, an organization that makes energy-related data, especially on oil and gas issues, more accessible and actionable for the public. auch is the great lakes program coordinator of the fractracker alliance and teaches geochemistry and soil science at cleveland state university, in cleveland. he focuses his work on environmental justice issues from watershed resilience to sand mining.

the fracking mixture to break the rock contains water and sand, as well as other chemicals. north utica’s sand, with its consistent, even texture, meets the requirements to hold open rock fissures. with sand propping these human-made cracks open, the chemicals help oil or gas rise to the surface.

fracking isn’t new, but it’s growing. the u.s. energy information administration reports that, as of 2015, fracking produced two-thirds of natural gas in the u.s. although fracking may be talked about as a “not-my-problem, not-my-town” issue, active fracking exists in 34 states. given the quality of sand in lasalle county — already known as the “sand capital of the world” by the illinois geographic alliance – increased fracking means the targets on the back of rural citizens grow ever larger.

“i was struck by the scale, the size of the mines. the mines in lasalle county are so much bigger than the mines i’ve seen in other states,” auch said.

effects of sand mining

why are people such as the whipples fighting to keep sand mines away from their homes? because frack sand mining comes with serious potential consequences, as auch shows in his research.

“in lasalle county, illinois, they used to be able to see the stars,” he said. “and now, if you’re too close to these mines or floodlights, you can’t see the stars.”

silica sand, a carcinogen that easily floats from mines to neighboring land, is linked to a higher risk of lung cancer, according to an infographic by the fractracker alliance, citing mayo clinic doctors. already 30 to 50 times smaller than beach sand, silica dust can easily travel a half mile by air, and has been known to damage windshields as if the dust were sand paper.

the fractracker alliance links a higher risk of a host of other diseases to silica as well, from tuberculosis to lupus. rick coleman, another plaintiff who lives close to the prospective mine, has a 26-year-old daughter with a heart condition. the coleman’s family physician put it plainly: the day that sand mine opens, they can no longer live in their house, he said.

high volumes of water consumption and contamination threaten communities as well. a nearby mine’s permit in north utica township allowed use of 1.25 million gallons of water per day, and a further study of the water table shows that another mine may strain local water sources.

carcinogens and neurotoxins are part of the chemical cocktail pumped into the ground in the fracking process. damascus citizens for sustainability, based in new york, reports on the organization’s website that chemicals such as polyacrylamide, a flocculant used to clean sand, could break down to its more toxic form, acrylamide. “they definitely have some pretty nasty properties to them – cancer-causing properties,” said auch. according to the fractracker alliance, other chemicals such as arsenic and naphthalene (think mothballs) are already water-contamination culprits at other sand mining sites in the nation. not only the quantity, but also the quality, of the farmers’ wells are at risk.

those living near sand mines risk potential damage and loss of property value for their homes as well. “time and again you hear from neighbors who have seen cracks develop in their ceilings, in load-bearing walls, in their foundations,” said auch, who documented a case in detroit of a man living right next to a sand mine. “his house is basically uninsurable.”

current legal state

“they keep saying that sand mining is an industry,” mary whipple said. “agriculture is our industry. we create jobs. illinois’ top sources of income? agriculture and tourism.” the whipples and the other 11 plaintiffs make it clear that the mining industry has long established its presence. but the proposed sand mine in the current lawsuit will encroach on high-quality farmland and the 2.5 million people who visit starved rock state park each year.

the plaintiffs found hope when attorney and professor nancy loeb with the northwestern university pritzker school of law’s environmental advocacy clinic agreed to take on the case to challenge the planned mine. although their complaint was initially dismissed, an appeals court overturned that decision in march 2017 and the case will now go forward.

the legal controversy focuses on land rights. the north utica village board authorized the permit for aramoni llc to mine the land. the swath of land between the towns of lasalle and north utica was “unincorporated,” which means the land was not a part of either jurisdiction. however, north utica annexed the mine site, striking a deal to allow the mine to function while preventing mining trucks from entering downtown north utica and forcing the truck traffic onto the rural farming area north of interstate 80, according to court documents.

attorneys representing aramoni llc and north utica declined to comment because of the ongoing lawsuit. at the hearing to dismiss the plaintiffs’ complaint on july 9, 2015, ronald cope, representing aramoni llc, argued that the laws do, in fact, allow the company to have a mine on the proposed site.

as cited in the transcript of proceedings of the hearing, cope said, “so [the plaintiffs] have a burden of showing there is something unique about their area that is different than all the rest of the a-1 agricultural district, and there is something perhaps unique about this sand mine in its relationship to this unique area, whatever it is. and it’s not enough to allege that you live there or that you personally are going to be affected, because that’s true of every place.”

at the hearing, cope was dismissive of the prospective nuisance presented by the plaintiffs, saying that chemicals, truck traffic and other factors in question all apply to any sand mine. he said, “there might be — there may be a discharge of harmful chemicals. well, they use chemicals to some degree in the mining process, but that’s true of every mine. so what? someone is going to testify in court that the mines use chemicals? and then what? no more mines?” the court of appeals rejected that argument and stated that the mining operations can amount to a nuisance, and plaintiffs are entitled to prove their claims.

nancy loeb, who represented the plaintiffs at the hearing, continues to fight for the residents of waltham township, to prevent the prospective nuisance such as blasting noises, bright lights and harmful chemicals that will negatively affect the residents living in close proximity to the mine.

“the way the contract works, the effects [of the mine] are pushed off to people who can’t vote in [north] utica,” loeb said. “no activities in this agreement will be considered nuisance [under the mining permit granted by north utica]. blasting noise, trucks and bright lights can go on 24 hours a day, seven days a week, and they wouldn’t be considered nuisance.”

a lack of data also makes sand mining difficult to fight. without data on mining sites before operations begin, residents of rural areas like lasalle county have trouble proving the full impact of mining, from water use to waste disposal. the proprietary nature of mining means that companies aren’t willing to share data either. in an ohio mining operation, when auch and his team crunched the numbers, 25 percent of the water used couldn’t be accounted for. “how much [water] do they really need to process [the sand]? we’ve had a hard time figuring it out,” auch said.

but plaintiffs such as mary whipple will continue to stand up for their town because they believe it’s the right thing to do. “this is an illinois problem,” she said. “it’s everybody’s problem.”

looking forward

while it’s easy to live far away and brush this off, more people should understand what’s happening with sand mines, not only in rural illinois but also in other parts of the midwest, mary whipple said. citizens living farther from mines can make a difference too.

“if someone has a 401(k) or if they’re a member of an institutional union…make sure your investments align with your beliefs,” auch said. “money talks. and these companies are listening more and more to their investors.”

the farmers of waltham township will continue the fight to protect their community and hopes to succeed not only for themselves, but also for future generations, mary whipple said.

“this is our heritage,” she said. “i want to know that my grandson can have this one day.”