Great Salt Lake legislative update: Feb. 22, 2024

Feb 23, 2024 | GSL Project

By Beth Parker and Brig Daniels and Great Salt Lake Policy Accelerator students

Salty lakeside of Great Salt Lake on Antelope Island at sunny dayThe Great Salt Lake Project: Great Salt Lake Policy Accelerator
University of Utah S.J. Quinney College of Law

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I. Weekly overview in a nutshell

In each week’s report, we will identify the most impactful bills (favorable or unfavorable) that could significantly affect Great Salt Lake. See below for a more in-depth discussion on each of these bills (and many others).

  • H.B. 453: This bill creates a comprehensive regulatory scheme for mining companies that mine using evaporation ponds near Great Salt Lake and is currently the top bill on our watch list. This bill continues to work its way through the legislative process despite considerable industry opposition.
  • H.B. 520: This is a new bill on our list. It allows farmers who decide to leave their land unirrigated and unfarmed for a season or more to qualify for the Utah agricultural and urban farming assessment, which means lower property tax bills. Farmers who might decide to take advantage of this provision could include those who decide to sell, lease, or donate water to Great Salt Lake for a season or more. This bill could make conservation and much-needed water reallocation more appealing to farmers.
  • H.C.R. 11: This is a new resolution we are watching. It encourages local governments, private-sector entities, and community partners to consider growth impacts in the decision-making process.

Legislative process: For an overview of Utah’s legislative process, please see our description in a previous legislative update. Utah’s process includes multiple readings of bills and an unusual voting process.

In the following sections, we highlight other major changes or important updates, including:

  • A more extensive discussion of new bills (part II)
  • Tracking of the rest of the bills on our Great Salt Lake watch list (part III)
  • A brief summary of bills that have passed into law (part IV) 
  • News and community updates surrounding the lake (part V)

II. New bills we are watching

Here we introduce and begin to track additional bills that we believe will either positively or negatively impact Great Salt Lake. We also track other water-related bills that might be of interest. In part III, we discuss bills that we have already addressed in previous reports.

Bills with positive impacts on Great Salt Lake

  • H.B. 520: Fallow Land Amendments (sponsored by Rep. Jason Kyle): Though not directly related to water, this bill could make land fallowing—letting agricultural lands go unirrigated and unfarmed for a season or longer—more appealing to farmers. When lands are fallowed, this can reduce agricultural water use (the largest water use in the state and in the Great Salt Lake Basin). Specifically, this bill clarifies that fallowed land qualifies for an agricultural and urban farming assessment, sometimes called greenbelt assessment. This assessment taxes farmland based on its productive capacity instead of its market value. Fallowed land usually has a lower productive capability than market value, so farmers could see lower taxes. The bill also requires county assessors to approve land-fallow projects and enforce management plans. If successful and farmers take advantage, it could be an important step to agricultural water reform in Utah.
    • Update: The House Revenue and Taxation Committee gave this bill a favorable recommendation, and it awaits its third reading in the House. In a presentation to the committee, Rep. Kyle framed this bill as a way for farmers to reduce their water use or keep their greenbelt status even if they run out of water and need to fallow some of their land. He said this is already happening in practice for temporary fallowing, but this bill would formally protect farmers’ flexibility and tax benefits. The Utah Farm Bureau Federation and Weber County assessor spoke in favor of the bill.

Other bills of interest

  • H.C.R. 211: Concurrent Resolution Recognizing the Importance of Cross-Issue Growth Impacts (sponsored by Rep. Bridger Bolinder and Sen. Kirk Cullimore): This resolution recognizes the impacts of population growth in Utah on housing, transportation, water, energy, open space, and recreation. The resolution encourages local governments, private-sector entities, and community partners to consider cross-issue growth impacts in state funding, policy, and program design, development, and evaluation.
    • Update: The House passed this resolution to the Senate on Feb. 12, and the Senate Government Operations and Political Subdivisions Committee gave the resolution a favorable recommendation on Feb. 16. The resolution was placed on the Senate second-reading calendar on Feb. 16.

III. Significant updates to ongoing bills we are tracking

Here, we continue to track the progress of bills first introduced in previous weekly legislative updates (search our previous updates). We discuss bills we believe will either positively or negatively impact Great Salt Lake. We also track water-related bills that might be of interest.

Bills with positive impacts on Great Salt Lake

  • H.B. 453: Great Salt Lake Revisions (sponsored by Rep. Casey Snider and Sen. Scott D. Sandall): This bill creates a comprehensive regulatory scheme for mining companies that mine using evaporation ponds near Great Salt Lake. To read more about this bill, see our previous legislative update.
    • Update: This bill received a positive recommendation from the Senate Natural Resources, Agriculture, and Environment Committee on Feb. 20 and was placed on the second-reading calendar on Feb. 21.
      • During the committee hearing, Rep. Snider reiterated that the bill was about fairness and equal responsibility for all water users, welcoming the mineral companies to join the agricultural community in prayers for rain and snow. Committee chair Sen. Winterton and Sen. David Buxton both expressed concerns about the significant increase in the severance tax on extraction companies (from 2.6% to 7.8%). Rep. Snider responded that some companies have been very involved in the process and great to work with, namely, U.S. Magnesium; however, some companies haven’t been as engaged since the bill passed the House. In the public comment period, Great Salt Lake Commissioner Brian Steed expressed his support for the bill and commitment to both getting the bill across the finish line and allowing for sustainable and ecologically friendly extraction to continue on the lake. Rhonda Anderson Lauritzen, executive vice president of Mineral Resources International, expressed support for the bill but concern with the impact the higher tax would have on smaller, more sustainable extractors. Sen. Buxton made the only vote opposing a favorable committee recommendation for the bill.
    • In the news: Amy Joi O’Donoghue at Deseret News reported on the bill passing the House as part of an overview of water bills currently in the legislature and on the controversy surrounding the bill, namely the opposition to the increased tax rate by some extraction companies, as well as the discussion during the Senate Committee hearing on Feb. 20.
  • S.B. 118: Water-Efficiency Amendments (sponsored by Sen. Michael K. McKell and Rep. Calvin R. Musselman): This bill attempts to incentivize water-wise landscaping for new residential construction by reimbursing property owners for the difference in price compared to traditional sod. To read more about this bill, see our previous legislative update.
    • Update: After clearing the Senate, this bill has passed its first reading in the House and is presently awaiting consideration by the House Natural Resources, Agriculture, and Environment Committee. Consideration of the bill was pushed to the Feb. 22 meeting agenda when the committee ran out of time on Feb. 21.
    • In the news: Kyle Dunphey at News from the States reported included this bill in a roundup of Utah water bills.
  • H.B. 401: Water Usage Amendments (sponsored by Rep. Doug Owens): This shoulder-season irrigation bill narrows the municipal irrigation season from May 1 to Sept. 30, restricting municipal irrigation of lawn and turf for the rest of the year to save water. To read more about this bill, see our previous legislative update.
    • Update: This bill was sent to the House Natural Resources, Agriculture, and Environment Committee, but on Feb. 16, 2024, it was not considered by the committee.
    • In the news: News from the States reported that H.B. 401 “has an uncertain fate” after not being considered by its assigned committee. It also explained that this bill would “impose a $50 fine on people living in the Great Salt Lake Basin who water their lawns from October to the end of April,” and a $100 fine for second offenses.
  • H.B. 275: Water Amendments (sponsored by Rep. Casey Snider and Sen. Scott D. Sandall): This bill addresses outdoor water use by prohibiting homeowners associations from prohibiting water-wise landscaping and expanding who can receive water-conservation grants. To read more about this bill, see our previous legislative update.
    • Update: The bill passed the Senate and was sent to the House on Feb. 20.
  • H.B. 448: State Water Program Reporting Requirements (sponsored by Rep. Raymond Ward): This bill requires the Division of Water Resources to collaborate with state agencies to quantify and monitor state legislative water-optimization efforts, including water banking, and annually report their findings. To read more about this bill, see our previous legislative update.
    • Update: This bill has not progressed or changed since last week’s update. Currently, it is in the House awaiting its third reading.
    • In the news: Amy Joi O’Donoghue at Deseret News included this bill in a Feb. 14 summary of water bills advancing through the legislature. Carter Williams at KSL also profiled the bill on that day.
  • H.B. 11: Water-Efficient Landscaping Requirements (sponsored by Rep. Doug Owens and Sen. Ronald M. Winterton): This bill focuses on limiting nonfunctional turf (turf used for aesthetic or landscaping purposes) of public property and buildings—at both the state and local levels—particularly those that are newly acquired or re-landscaped. To read more about this bill, see our previous legislative update.
    • Update: The bill was replaced with a substitute. The substitute strips away any mention of the term “lawn or turf.” The bill no longer imposes any restrictions on lawn or turf use but instead bans the installation, maintenance, or use of overhead spray irrigation on new construction or reconstructions on public property or buildings unless the landscaped area is an active recreation area. This substitute passed the Senate (23-2-4), and the House (59-12-4) concurred with the substitute. In many ways, this substitute language will still push public buildings toward water-efficient landscaping and provide them flexibility in landscaping choices.
  • H.B. 61: Water-Measuring and Accounting Amendments (sponsored by Rep. Carl R. Albrecht and Sen. Michael K. McKell): This bill gives the state engineer powers to create rules about water accounting and the use of technologies—mainly telemetry—to measure water use and water as it is transported downstream. To read more about this bill, see our previous legislative update.
    • Update: This bill has not progressed or changed since last week’s update, when a draft of the enrolled bill was prepared.
    • In the news: News from the States reported that this is a “simple bill,” according to Rep. Carl Albrecht, which is focused on adding telemetry to the state engineer’s toolkit, and the only step left is to get the governor’s signature.
  • S.B. 77: Water Rights Restricted Account Amendments (sponsored by Sen. Scott D. Sandall and Rep. Casey Snider): This bill frees up money allocated to the state engineer toward investments needed to make water shepherding more possible. To read more about this bill, see our previous legislative update.
    • Update: This bill has not progressed or changed since last week’s update, when a draft of the enrolled bill was prepared.
  • H.B. 535: Water Conservation Modifications (sponsored by Rep. Michael L. Kohler): This bill requires the Great Salt Lake commissioner to conduct a study on conservation strategies to increase municipal water flowing to Great Salt Lake and determine how conserved municipal water can be quantified. To read more about this bill, see our previous legislative update.
    • Update: After its first reading in the House, this bill has now been sent to the House Natural Resources, Agriculture, and Environment Committee.
  • S.B. 196: Great Salt Lake Amendments (sponsored by Sen. Nate Blouin): This bill directs the Great Salt Lake commissioner to create a plan and pilot program to maximize the amount of water getting to the lake in wet water years like the 2022-2023 winter. To read more about this bill, see our previous legislative update.
    • Update: This bill was scheduled for its third reading in the Senate with minor amendments but was circled on Feb. 20. Circling a bill means temporarily postponing action on it without removing it from its place on the calendar.
    • In the news: Adam Small at KSL reported on the favorable recommendation this bill received from the Senate Natural Resources, Agriculture, and Environment Committee. Small described the bill as “timely” because of the current snowpack and above-average levels of the state’s reservoirs.
  • H.B. 472: Water Revisions (sponsored by Rep. Brian King): This bill directs the Division of Water Resources and Water Rights to study the creation of a collaborative, centralized water database and center for all Utah water data. To read more about this bill, see our previous legislative update.
    • Update: On Feb. 21, this bill was circled on the House’s third-reading calendar by a voice vote. Circling a bill means temporarily postponing action on it without removing it from its place on the calendar.
    • In the news: The Utah House Democrats briefly explained that H.B. 472 directs the division “to collaborate on studying the establishment of a water database and center, recognizing the crucial role of data in informed water resource management.” KSL reported that this bill would “only initiate the study process” for a water center, not automatically create one. However, Rep. King’s goal is to allow people to more easily access and understand water data information. Friends of Great Salt Lake expressed its support for this bill.
  • H.B. 243: Riparian Amendments (sponsored by Rep. Gay Lynn Bennion): This bill would require municipalities to identify riparian areas and create zoning laws to protect them. To read more about this bill, see our previous legislative update.
    • Update: This bill has not progressed or changed since last week’s update. The bill has been held by the House Natural Resources, Agriculture, and Environment Committee since Feb. 9.
  • H.B. 295: Produced Water Amendments (sponsored by Rep. Steven Lund and Sen. Evan J. Vickers): This bill encourages extraction companies to reuse their produced water, the salty water left over from the oil and gas extraction process, for further extraction to free up an additional 8,000 acre feet of water. It is uncertain how much of this water is in the Great Salt Lake Basin. To read more about this bill, see our previous legislative update.
    • Update: This bill passed all of its readings in the House and Senate and is being enrolled so that it can be sent to the governor for final signature. Utah Petroleum Association, the Energy and Geoscience Institute at the University of Utah, Utah Division of Oil, Gas, and Mining, and Utah Farm Bureau have all expressed their support for this bill.
  • H.J.R. 27: Joint Resolution Encouraging Water-Efficient Landscaping Ordinances for New Construction (sponsored by Rep. Doug Owens and Sen. Michael K. McKell): While not a bill, this non-binding expression of the legislature calls on municipalities and counties to include “substantive and actionable water use and preservation element” in their general plans as soon as possible and will urge 77 local governments in the Great Salt Lake Basin to expeditiously address gaps in encouraging water-efficient landscaping. To read more about this bill, see our previous legislative update.
    • Update: This joint resolution has passed the House and has been sent to the Senate Government Operations and Political Subdivisions Committee.
    • In the news: An article in Deseret News by Amy Joi O’Donoghue discusses H.J.R. 27 based on an interview with resolution sponsor Rep. Doug Owens. The article emphasizes that 40% of the population in the Great Salt Lake Basin live in communities that do not have regulations on water-wise landscaping for new construction, even though installation initially costs only 20% as much as retrofits. O’Donoghue further notes that the resolution is non-binding but does put municipalities and counties on notice that the time to address this issue has arrived. Similarly, News from the States quoted Tim Davis, deputy Great Salt Lake commissioner, in support of the resolution. He said, “It’s basically the legislature encouraging municipalities within the Great Salt Lake Basin to have a meaningful conversation about water conservation.”

Bills with negative impacts on Great Salt Lake

  • S.B. 211: Generational Water Infrastructure Amendments (sponsored by Sen. Stuart Adams and Rep. Mike Schultz): The bill consolidates some water-planning authorities in a water district water-development council and in a Utah water agent for the purpose of coordinating water projects in Utah and with other states. Most controversially, this bill would exempt these water-planning roles from Utah public transparency laws—the Open Meetings Act and the Government Records Access and Management Act (GRAMA). To read more about this bill, see our previous legislative update.
    • Update: An amended version of this bill clarifies that the council is only advisory and cannot decide policy or control funding, and that the governor will appoint the water agent. This bill passed the Senate and is now with the House Rules Committee to evaluate its fiscal impact. In its first hearing with the House Natural Resources, Agriculture, and Environment Committee on Feb. 21, Sen. Adams described the bill and how the agent and council will operate, and Rep. Schultz spoke to how the bill will allow Utah to be a better water steward. During public comment, Utah Rivers Council and Utah Sierra Club spoke against the bill because of the transparency exemptions, while the Jordan Valley Water Conservancy District, Joel Ferry, Utah Farm Bureau, and the Brine Shrimp Cooperative spoke in support. Other members of the committee added that the transparency provisions are included to allow open conversation and negotiation, and any final policy still requires transparent legislative approval.
    • In the news: This bill is still receiving considerable media attention. In one Deseret News article, Amy Joi O’Donoghue discussed legislators in support of this bill, aside from Sen. Blouin, who was the single ‘no’ vote in the Senate due to transparency issues. In another Deseret News article, she summarized the above hearing by highlighting comments about the necessity of long-term water management and transparency concerns. The committee responded to transparency concerns by emphasizing that everything will still require legislative oversight. News from the States also summarized the bill and listed similar reasons for support and concern among legislators and public commenters. News of this bill is even gaining attention in Colorado, as Aspen Public Radio covered KUER’s story from last week.
  • H.B. 280: Water-Related Changes (sponsored by Rep. Casey Snider and Sen. Scott D. Sandall): Still controversial, this large bill takes the power to prioritize water projects away from local jurisdictions and gives it to the state water board. Critics were successful in removing the proposed fee, as the amended version only requires a study on how to finance water infrastructure projects, like Bear River development. To read more about this bill, see our previous legislative update.
    • Update: This bill is scheduled for a second reading in the Senate.
  • S.B. 195: Golf Course Amendments (sponsored by Sen. Daniel McCay): This bill proposes formal water usage tracking by golf courses and seeks to encourage golf courses to improve their usage, but it also shields golf course water usage data from public view and access. To read more about this bill, see our previous legislative update.
    • Update: This bill has not progressed or changed since last week’s update; it is still circled. Circling a bill means temporarily postponing action on it without removing it from its place on the calendar.
    • In the news: KPCW had a short article about S.B. 195, noting that the bill has a “closed door” rating from the Utah Transparency Project because the bill would shield water usage data from public view.

Other bills of interest

  • S.B. 55: Bear Lake Preservation Amendments (sponsored by Sen. Chris Wilson): This bill develops guiding principles for the management of Bear Lake, which would recognize and seek to preserve its ecological, recreation, cultural, and aesthetic values while supporting the lake for irrigation purposes. To read more about this bill, see our previous legislative update.
    • Update: This bill has not progressed or changed since it was on the agenda for the Senate Natural Resources, Agriculture, and Environment Committee’s meeting on Jan. 17, 2024, but was not considered by the committee.
  • S.B. 125: Secondary Water Amendments (sponsored by Sen. David P. Hinkins): This bill increases the number of suppliers who would be exempt from having to meter. Currently, only secondary-water suppliers with less than 1,000 users are exempt from requirements, but this bill would expand that to suppliers with less than 2,500 users. In a positive turn of events, the bill was amended to exclude the Great Salt Lake Basin from the 2,500 or fewer users exemption. To read more about this bill, see our previous legislative update.
    • Update: On Feb. 16, the House Natural Resources, Agriculture, and Environment Committee gave a favorable recommendation. The bill has undergone a second reading in the House and now awaits its third reading.
    • In the news: News From The States reported on the amendment to S.B. 125, which excluded the Great Salt Lake Basin from the water-metering exemption.

IV. Passed bills

Here we list bills that impact the Great Salt Lake but have now passed both the House and Senate and are either awaiting the governor’s signature or already have the governor’s signature.

Bills with positive impacts on Great Salt Lake

  • S.B. 18: Water Modifications (sponsored by Sen. Scott D. Sandall and Rep. Casey Snider): This important bill grants reprieves on forfeiture of water rights for nonuse, defines the measurement of “saved water” from irrigation-efficiency improvements, and restricts protests to cases where changes demonstrably impact another appropriator’s water rights. To read more about this bill, see our previous legislative update. This bill passed through the legislature on Feb. 14 and now awaits the governor’s signature.
  • H.B. 5: Natural Resources, Agriculture, and Environmental Quality Base Budget (sponsored by Rep. Stewart Barlow and Sen. Scott D. Sandall): This bill provided appropriations for the use of state agencies in the upcoming fiscal year, including $350,000 to Great Salt Lake Groundwater Studies, $3,900,000 to Great Salt Lake amendments, $600,000 to Great Salt Lake and Utah Lake waterbird expenses, and $750,000 to implement the Great Salt Lake commissioner’s strategic plan. To read more about this bill, see our previous legislative update. Governor Cox signed this bill into law on Jan. 31, 2024.
  • H.B. 42: Water Rights Publication Amendments (sponsored by Rep. Joel K. Briscoe and Sen. Michael K. McKell): This bill modernizes water rights and change applications, allowing for electronic confirmation and reporting. To read more about this bill, see our previous legislative update. This bill passed through both chambers of the legislature and now awaits the governor’s signature.
  • S.B. 39: Water Shareholder Amendments (sponsored by Sen. Scott D. Sandall and Rep. Casey Snider): This bill changes Utah water law to allow for additional time for change applications by a shareholder in a water company. To read more about this bill, see our previous legislative update. Governor Cox signed this bill into law on Feb. 13, 2024.

Other bills of interest

  • HB 249: Utah Legal Personhood Amendments (sponsored by Rep. Walt Brooks): This bill prohibits certain categories of nonhumans, including bodies of water, from being granted or receiving legal personhood status. To read more about this bill, see our previous legislative update. After passing the House and the Senate, a draft of the enrolled bill was prepared on Feb. 16, 2024. 
  • S.B. 57: Utah Constitutional Sovereignty Act (sponsored by Sen. Scott Sandall and Rep. Ken Ivory): This bill could have drastic impacts, effectively allowing the Utah legislature to prevent federal agencies from enforcing some federal regulations like the Clean Air Act and Clean Water Act standards in Utah. To read more about this bill, see our previous legislative update. Governor Cox signed this bill into law on Jan. 31, 2024.

V. Other updates

  • Updates on Utah’s snowpack: The Utah Department of Natural Resources shared their February 2024 update on Utah water conditions. Carter Williams reported for KSL on this update and Utah’s current snowpack and reservoir system statuses generally. The key figures: Reservoirs are currently at 82% statewide, and “Utah’s snowpack remains at 111% of the median average for mid-February.” “Candice Hasenyager, division director, said Thursday the figures are a ‘significant win’ for Utah after a ‘rocky start’ to the water year.” More water in the system will provide critical opportunities for the state this upcoming year, but it will take action by the state for Great Salt Lake to reap the benefits of the winter storms.
  • GSL Brine Shrimp Population Up — Is the Berm to Thank?: The Utah Division of Wildlife Resources, KSL’s Carter Williams, and ABC4’s Ryan Bittan reported on this year’s large brine shrimp harvest numbers, which make up about 40% of the global brine shrimp supply, and high hatch rate, which will provide an important food source for migratory birds. The negative impacts of the Lake’s high salinity have led to low brine shrimp numbers in recent years, but this year’s harvest was roughly 50% higher than last year’s, providing support for the argument that raising the berm last year was a positive and helpful intervention for Great Salt Lake ecosystems as the south arm of the lake now sits almost three feet higher than the saltier north arm. Williams reported that Great Salt Lake Commissioner Brian Steed said the state is still reviewing options for managing the berm and is not “ready to give up on the north arm.”
  • “Are artificial wetlands, nearing completion at California’s Salton Sea, the future of the Great Salt Lake?”: Emma Penrod from the Great Salt Lake Collaborative and Alex Cabrero from KSL contributed an article through Deseret News, discussing California’s “plans to restore 30,000 acres of habitat at the Salton Sea,” and how these plans may inform Great Salt Lake solutions. According to Max Malmquist, engagement manager for the National Audubon Society’s saline lakes program, “If we are looking to maximize or improve habitat for birds, we may want to start looking at those freshwater-saltwater interfaces to see what can be done to create more habitat at those locations.” This pursuit could also help control dust blowing off Great Salt Lake’s lakebed.
  • “Student filmmakers ask: Can ‘Indigenous stewardship’ help the Great Salt Lake?”: The Salt Lake Tribune shared a student journalist’s report on a group of Salt Lake Community College students who produced the 30-minute documentary Diverted: Indigenous Stewardship and Saving the Great Salt Lake. Prompted by the urgency of the environmental crisis at the Lake, students interviewed indigenous activists like Darren Parry and Carl Moore, water and climate professors, and Elizabeth Kronk Warner, dean of the University of Utah’s law school. The documentary premiered in December 2023, and the students now hope to secure distribution and possibly expand the project into a feature-length film.
  • GSL Lobby Days: Join a coalition of lake advocates every week throughout the 2024 legislative session for GSL Lobby Days. Each week, they will provide a rundown of the bills being watched and a short lobbying training before heading out to communicate with our lawmakers together. No experience necessary. Sign up today!

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