Section 201 – Division recommendation on disposal of state land in exchange for Utah Lake restoration project — Approval of Legislature and governor required — Criteria — Division recommendations for defining and meeting objectives.

• (1)
  • (a) The division may recommend the disposal of appropriately available state land in and around Utah Lake as compensation for the comprehensive restoration of Utah Lake under a restoration proposal if the division finds that the restoration project will enhance the following public benefits:
    • (i) restoring the clarity and quality of the water in Utah Lake;
    • (ii) conserving water resources in and around Utah Lake;
    • (iii) preserving the water storage and water supply functions of Utah Lake;
    • (iv) removing invasive plant and animal species, including phragmites and carp, from Utah Lake;
    • (v) restoring littoral zone and other plant communities in and around Utah Lake;
    • (vi) restoring and conserving native fish and other aquatic species in Utah Lake, including Bonneville cutthroat trout and June Sucker;
    • (vii) increasing the suitability of Utah Lake and its surrounding areas for shore birds, waterfowl, and other avian species;
    • (viii) improving navigability of Utah Lake;
    • (ix) maximizing, enhancing, and ensuring recreational access and opportunities on Utah Lake;
    • (x) preserving current water rights related to water associated with Utah Lake;
    • (xi) otherwise improving the use of Utah Lake for residents and visitors;
    • (xii) substantially accommodating an existing use on land in or around Utah Lake; and
    • (xiii) providing any other benefits identified by the division.
  • (b) If the division chooses to make a recommendation under Subsection (1)(a), the division shall make the recommendation in writing to the Legislature and governor.

• (2) In determining whether to recommend the disposal of state land in exchange for the execution of a restoration project, as provided in Subsection (1)(a) and pursuant to a restoration proposal, the division shall consider:
  • (a) the potential that the restoration project presents for additional revenue to state and local government entities;
  • (b) the ability of the proposed use of the state land given in exchange for the restoration project to enhance state property adjacent to Utah Lake;
  • (c) the proposed timetable for completion of the restoration project;
  • (d) the ability of the person who submits a restoration project to execute and complete the restoration project satisfactorily; and
  • (e) the desirability of the proposed use of Utah Lake and the surrounding areas as a result of the restoration project.

• (3) The Legislature and governor may, through the adoption of a concurrent resolution, authorize the disposal of state land in and around Utah Lake as compensation for the comprehensive restoration of Utah Lake under a restoration proposal if:
  • (a) the division recommends the disposal as provided in Subsection (1); and
  • (b) the Legislature and governor make a determination, in a concurrent resolution adopted under this Subsection (3), that:
    • (i) the restoration project will accomplish the objectives listed in Subsection (1)(a); and
    • (ii) the disposal is:
      • (A) a fiscally sound and fair method of providing for the comprehensive restoration of Utah Lake; and
      • (B) constitutionally sound and legal.

• (4) In support of the required permitting application for a restoration project, the division shall:
  • (a) prepare recommendations for standards, criteria, and thresholds to define more specifically the objectives listed in Subsections (1)(a) and (3)(b)(ii) and how and when those objectives are to be met;
  • (b) report on the division’s efforts under Subsection (4)(a) to the Natural Resources, Agriculture, and Environment Interim Committee, as requested by the committee chairs; and
  • (c) upon completion of recommendations under Subsection (4)(a), present the recommendations to the Natural Resources, Agriculture, and Environment Interim Committee.

Amended by Chapter 60, 2022 General Session