2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 15 - Utah Lake Restoration Act › Part 2 - Utah Lake Restoration Project › 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.

Effective 5/4/2022
65A-15-201.
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