S.J. Quinney College of Law

The Great Salt Lake Project: Great Salt Lake Policy Accelerator
University of Utah S.J. Quinney College of Law

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We have followed the bills and appropriations impacting Great Salt Lake during this legislative session in painstaking detail. We have tried to provide information without introducing biases, but for our last update of this session, we want to share some brief thoughts about the opportunities before the legislature. 

With only days left in the legislative session, there is a real opportunity and need to help the lake by putting pressure on legislators to pass the remaining bills and approve funding that will have a positive impact on the lake, highlighted below in sections I and II. Unfinished business and bills not passed are missed opportunities to protect and restore Great Salt Lake. 

Ben Abbott has reminded us that saving Great Salt Lake is a marathon that must begin with a sprint. The 2024 legislative session ends this Friday, and to finish strong, the legislature must prioritize passing the bills and measures that will aid Great Salt Lake. 

I. The mighty five

Here is a list of the five most-impactful bills and requests for appropriation awaiting passage and approval, which would benefit Great Salt Lake. 

1. H.B. 453: H.B. 453 is the single most-important bill for the future of Great Salt Lake this legislative session. It still has not passed. Currently, mining companies around Great Salt Lake have no restrictions on their water usage from the lake, and H.B. 453 replaces this free-for-all with an extensive regulatory framework similar to other water users in the Great Salt Lake basin. The legislature must pass this bill to ensure that any water saved for the lake ends up benefitting the lake instead of a mining operation.
2. Split-Season Leasing Request for Appropriation (“RFA”): Agricultural users consume roughly 65-80% of the water that would otherwise make it to Great Salt Lake, but only a few of the measures introduced this session aim to address the issue of agricultural water use. Split-season leasing, a voluntary transaction between farmers and the State, has the potential to save incredible amounts of water for Great Salt Lake. Consider a simple example: Alfalfa is cut a few times a year. Like grass lawns, alfalfa struggles to grow in the hottest summer months. Split-season leasing encourages farmers not to irrigate during the hottest months and instead lease the water to the state to refill Great Salt Lake. With the Farm Bureau’s endorsement, the legislature is considering a very modest request to run a pilot program of split-season leasing for $500,000. This pilot program can prove that split-season leasing can benefit both farmers and Great Salt Lake, opening the door to massive amounts of saved water in one of the largest areas of water use. Let’s fund it.
3. Great Salt Lake Watershed Measurement Infrastructure RFA: This RFA would provide the Division of Water Rights the necessary funding to install additional stream flow and water-diversion gauges and collect critical water within the Great Salt Lake watershed. This infrastructure is essential for shepherding water to Great Salt Lake, one of the most foundational steps to any strategy to save the lake. There are hundreds of millions of dollars allocated for water savings throughout the watershed, but fully funding this request would fill a critical gap and ensure that saved water reaches the lake.
4. H.B. 401: H.B. 401 takes critical steps toward limiting the municipal irrigation season in the Great Salt Lake watershed. This bill limits the municipal irrigation season from May 1 to Sept. 30, thus restricting lawn irrigation in early spring and late fall. Although this bill would be incredibly beneficial to the lake, its passage seems unlikely since it was stalled in a House Committee in mid-February. Nonetheless, it is a mistake to let legislators forget about this opportunity to take serious action to help Great Salt Lake. Our lawns will survive. We need to make sure our lake does too.
5. Invasive Species Management and Support Staff on Sovereign Lands RFA: There are a lot of competing demands for Great Salt Lake water. There is one use that is really helping nobody—growing phragmites. Phragmites is a water-intensive invasive species that is depriving Great Salt Lake of water. The legislature is considering spending $2 million with at least $500,000 in ongoing funding. This is an easy win-win for everyone. Let’s fund phragmites removal.

With just a few days left to act, time is running out for action. The legislature has a critical opportunity to act on these bills and requests. Find out how to contact your legislator. Particularly if you engage with civility, we have found that legislators like hearing from constituents.

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II. Nine bills with positive impacts on Great Salt Lake that still haven’t passed

• H.B. 453: Great Salt Lake Revisions (sponsored by Rep. Casey Snider and Sen. Scott D. Sandall): H.B. 453 is the single most important bill for the future of Great Salt Lake this legislative session. This bill creates a comprehensive regulatory scheme for mining companies that mine using evaporation ponds near Great Salt Lake. Estimates vary, but these companies seem to utilize between 5-10% of the water taken out of Great Salt Lake’s watershed. This bill would constrain mining companies reliant on Great Salt Lake water similar to the way that all other water users are treated in Great Salt Lake’s water basin. To read more about this bill, see our previous legislative update.
  
  • Update: Having already passed the House, this bill received a positive recommendation from the Senate Natural Resources, Agriculture, and Environment Committee and now sits on the Senate’s second-reading calendar.
• H.B. 401: Water Usage Amendments (sponsored by Rep. Doug Owens): This bill would narrow the municipal irrigation season from May 1st to Sept. 30th, 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 has been stalled in the House Natural Resources, Agriculture, and Environment Committee since the middle of February. It would still need to pass through the Senate if it passes through the House, but with its massive potential to benefit the lake, it’s important to remind legislators of this bill.
• H.B. 448: State Water Program Reporting Requirements (sponsored by Rep. Raymond Ward and Sen. Todd D. Weiler): 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 passed through the House. It is waiting to be considered by the Senate Natural Resource, Agriculture, and Environment Committee.
    
• 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’s fourth substitute received a favorable recommendation by the House Natural Resources, Agriculture, and Environment Committee on Feb. 22, 2024. Before voting on this bill, the House returned it to the Rules Committee due to its fiscal impact, where it sits as of Feb. 27, 2024.
• H.B. 535: Water Conservation Modifications (sponsored by Rep. Michael L. Kohler and Sen. David P. Hinkins): 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: This bill received a favorable recommendation by the House Natural Resources, Agriculture, and Environment Committee. It passed the House but still needs to pass the Senate.
• 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, meaning the Senate postponed action on it. It has not been considered by the House.
• 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 is scheduled for second reading in the Senate.
• H.B. 520: Fallow Land Amendments (sponsored by Rep. Jason Kyle and Sen. Daniel McCay): This bill could make land fallowing—meaning letting agricultural lands go unirrigated and unfarmed for a season or longer—more appealing to farmers. Fallowing land can reduce agricultural water use (the largest water use in the state and in the Great Salt Lake Basin). This bill clarifies that fallowed land qualifies for favorable tax treatment under Utah’s greenbelt assessment that taxes land based on its productive capacity instead of its market value. To read more about this bill, see our previous legislative update.
  • Update: This bill has passed the House. The Senate Business and Labor Committee gave it a favorable recommendation, and it is on the Senate’s second-reading calendar.
• H.B. 472: Water Revisions (sponsored by Rep. Brian King and Sen. Scott D. Sandall): 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: This bill has passed the House and has been sent to the Senate for consideration and is waiting review from the Senate Natural Resources, Agriculture, and Environment Committee.

III. Significant RFAs that would help the Great Salt Lake

Requests for appropriation (RFAs) are mechanisms by which legislators can request funding from the state government for specific programs. RFAs can include one-time requests or ongoing funding. Money can also be requested within specific bills, but RFAs request money for projects outside of bills.

Here we detail each relevant RFA and provide a status update of what the relevant subcommittee recommended the legislature do with each one. The Executive Appropriations Committee (EAC) will combine these requests with all other recommendations for funding requests into a single package that moves forward for legislators to vote on. 

• Great Salt Lake Split-Season Lease Projects: $500,000 one time requested, but only $170,600 recommended.

• • Description: Following recommendations from the Great Salt Lake strategic plan, Rep. Owens requested $500,000 to set up split-season leasing pilot programs and a handbook to help farmers participate. Split-season leasing would allow water rights holders to lease water for part of the year while allowing it to flow downstream for the rest of the year without forfeiting their water rights. Consider a simple example: alfalfa is cut a few times a year. Like grass lawns, alfalfa struggles to grow in the hottest summer months. In the longer term, proving the concept of split-season could prove vital in saving Great Salt Lake. The proposal has the support of the Utah Farm Bureau.

• Great Salt Lake Watershed Measurement Infrastructure: $6.265 million one-time and $3.565 million ongoing requested; but only $4.5 million one time, and $3 million ongoing have been recommended.
  • Description: Rep. Snider requested a one-time $6.265 million and an ongoing $3.565 million in funding to provide the Division of Water Rights the necessary funding to install additional stream flow and water-diversion gauges and collect critical water within the Great Salt Lake watershed.

• Invasive Species Management and Support Staff on Sovereign Lands: $2 million one time, $500,000 ongoing requested, full amount recommended.
  • Description: Rep. Owens requested a one-time $1.5 million and an additional ongoing $500,000 for phragmite eradication. Funding would empower Forestry, Fire, and State Lands to bolster initiatives in vegetation management and invasive species control, particularly around the GSL area, including removal of invasive phragmites. One study estimated invasive phragmites consume about 71,000 acre-feet of water in the Great Salt Lake Basin in a typical year.
• Turf Removal Funding:  $12.5 million one time requested, full amount recommended.
  • Description: Rep. Owens requested $12.5 million for additional turf removal projects across the state. Currently, the state has appropriated $3 million for turf removal, but the funding needs to be increased by an additional $12.5 million annually to match the estimated need for turf removal by the state’s water districts.
    
• Ogden Canyon Water Line: $10 million one time requested, but only $5 million recommended.
  • Description: This is a request by Rep. Calvin Musselman for a one time appropriation of $10 million to replace 6.4 miles of water transmission line down Ogden Canyon. This requested amount will join $90 million from other sources to complete the project’s funding. Similar projects have saved as much as 3 million gallons (approximately 9 acre feet) of treated water per day.
• Agricultural Water Use Research: $400,000 ongoing requested, full amount recommended.
  • Description: Rep. Owens requested an ongoing $400,000 to study a variety of issues related to agricultural water use. This request would improve data measuring, reporting, and monitoring in addition to studying best irrigation practices, saved water markets, and split-season leasing.
• Utah Growing Water Smart Program Plus: $875,000 one time requested, full amount recommended.
  • Description: Rep. Owens requested a one-time $875,000 in funding to continue the collaborative Growing Water Smart Program project and target two primary goals: (1) accelerate efforts of local government to incorporate water smart planning into their land use planning processes and provide technical expertise and guidance to participating communities; and (2) implement programs to increase availability of qualified waterwise landscape practitioners. The funding would support participation of additional communities in the Growing Water Smart workshops, and would include ongoing technical guidance for participating communities.
    
• Wetland Protection and Restoration: $5 million one time requested, full amount recommended.
  • Description: Rep. Hall requested a one-time grant of $5 million to conserve and restore wetlands and habitats near the Great Salt Lake and an additional $500,000 one-time appropriation to analyze infrastructure needs for salinity management and hydrological improvements.
• Great Salt Lake Causeway Engineering: $500,000 one time requested, full amount recommended.
  • Description: Rep. Snider submitted a one-time request for $500,000 that would fund the engineering of the reconstruction of the Union Pacific Causeway. The ultimate purpose of the reconstruction is to manage salinity levels in the Great Salt Lake.
    
• Great Salt Lake Investments: $20 million one time requested, but only $10 million recommended.
  • Description: The governor’s proposed budget requests a one-time request of $20 million in funding that will provide the Great Salt Lake Commissioner with additional resources to procure water leases and develop other strategies to restore the Great Salt Lake. Most requests relating to Great Salt Lake (below) will be included into this $20 million and not be above and beyond that number.
• Water Savings Program Seed Money for Great Salt Lake: $5 million one time requested, full amount recommended.
  • Description: The governor’s proposed budget also includes a one-time request of $5 million in funding from the Great Salt Lake Account to help leverage $50 million in federal Inflation Reduction Act dollars to address management issues related to the Great Salt Lake. If the State secured this money, it could, for example, more than double the funds available in the Great Salt Lake Watershed Enhancement Trust.
• Division of Water Rights Data Management Improvements:  $6.1 million one time and $400,000 requested, full amounts recommended.
  • Description: This request was made by Rep. Casey Snider. The request is for one-time funding of $6.1 million, and ongoing funding of $400,000 to fix water use data management issues identified in the office of the legislative auditor general’s risk assessment report. This work would be done through Utah State University.
• Ground Water assessment of Cache Valley: $567,400 one time requested, full amount recommended.
  • Description: This request was brought before the Natural Resources, Agriculture and Environment Appropriations Subcommittee by the University of Utah, Utah State University, United States Geological Survey, and Utah Division of Natural Resources. The total request is for one-time funding of $567,400 to “conduct a comprehensive assessment of groundwater availability and vulnerability in Cache Valley to inform future water management decisions.”

IV. Passed and/or passed and signed bills with a positive impact on Great Salt Lake

Along with the remaining bills and requests for appropriation that have yet to be passed, there have been a number of important bills that have now passed both the House and Senate and are either awaiting the governor’s signature or have been signed by the governor:

• 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.
• 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, $3.9 million 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. 11: Water-Efficient Landscaping Requirements (sponsored by Rep. Doug Owens and Sen. Ronald M. Winterton): This bill focuses on limiting water-intensive landscaping (particularly the use of spray irrigation) on public property and facilities—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.
• H.B. 275: Water Amendments (sponsored by Rep. Casey Snider and Sen. Scott D. Sandall): This bill addresses outdoor water use by stopping 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.
• 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.
• 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.
• 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 leftover 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 Great Salt Lake’s basin. To read more about this bill, see our previous legislative update.
• 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. 

V. Other water bills worth noting

Depending on future decisions made by others than the legislature, some of the bills below could have potential impacts on Great Salt Lake. We try to note those impacts in the descriptions. Some of these bills have already passed, some are still in process of consideration, and one has failed. We do not separate those bills from each other here, but we note where they are in the process.

• H.B. 243: Riparian Amendments (sponsored by Rep. Gay Lynn Bennion and Sen. Scott D. Sandall): 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 failed its vote in the House. On Feb. 26, 2024, H.B. 243 was filed for bills not passed.
• 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: This bill has passed through the Senate and has received a favorable recommendation from the House Natural Resources, Agriculture, and Environment Committee. It went back to the House Rules Committee due to fiscal impact and seems to be stalled there.
• 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 has passed through the House and has received a favorable recommendation from the Senate Natural Resources, Agriculture, and Environment Committee. On Feb. 22, 2024, it was placed on the Senate’s second-reading calendar.
• 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. 
  • Update: This bill has passed in the House and the Senate and is waiting for the governor’s signature.
• 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. 
  • Update: This bill passed in the House and Senates. Gov. Cox signed this bill into law on Jan. 31, 2024.
• S.B. 195: Golf Course Amendments (sponsored by Sen. Daniel McCay and Rep. Jon Hawkins): This bill proposes formal tracking of water usage 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 passed through the Senate on Feb. 27, 2024 (vote 26-0-3). It was introduced in the House.
• 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. 
  • Update: This bill passed in the House and Senate. Gov. Cox signed this bill into law on Feb. 13, 2024.
• H.C.R. 11: 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: This bill was passed in the House. 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.
• 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: This bill has passed in both the Senate and the House. It is awaiting the governor’s signature.

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