Tuesday, February 8, 2022

Contrasts in the great Utah Lake debate

 This Utah Lake saga has been a dizzying lesson in contrasts.


Restoration vs. reengineering

Data vs. marketing

Volunteers vs. lobbyists

Reality vs. renders

Conservation vs. consumption

Independent coverage vs. paid advertising

Conversation vs. lawsuits

Legacy vs. land grab

Gratitude vs. greed


It was especially clear last night in Salt Lake. 



Pictures by Decker Westenberg of the Daily Universe

Nearly 600 citizens from every walk of life gathered at the capitol to celebrate the lake that sustains us and demand accountability and protection. Mary explained the Indigenous worldview, reminding us to look seven generations back and seven generations forward. Gabe powered the event with bicycles, and Byron led us in song. Children shared their hope for a natural and intact lake ecosystem. Leaders linked arms with the crowd, seeming to understand that we must work together with respect and commitment. Creation is sacred and so much more than what we could sell it for.


At almost the same time, in the Grand America Hotel, the developers wined and dined influential invitees at their closed-door event. Their paid experts explained how no one cared about the lake or knew how to care for it before they arrived. They graciously offered to do the great service of filling in our largest freshwater lake at no cost to taxpayers. The lake is broken they said: too wild, too windy, too wet. Our creator must have made a mistake when making the lake.


The contrast was clear again today in the committee hearing for H.B. 240. 

Representative Keven Stratton proposed modest amendments to the Utah Lake Restoration Act—a law custom built for the island project. Stratton asked for clarifications about how to make the process more transparent, fair, and constitutional. Representative Casey Snider spoke clearly: a company that can’t stand up to scrutiny—that chooses to silence critics with lawsuits rather than answer their questions—isn’t a company we should do business with. During the public comment period, dozens of independent citizens spoke in favor of increasing oversight and exercising prudence and science-based management during these crucial early stages of the lake’s convalescence. The lake is a living thing worthy of our respect and reciprocity. Tara called for all our leaders to learn about the lake’s ecology. Kaye described how she used to waterski across the entire lake—changing course when needed to avoid obstacles. Peggy asked who would be responsible for maintenance and pointed out that the “land” couldn’t be sold without clear title.

One person spoke against the amendments: Jeff Hartley, one of the developers’ many professional lobbyists. He said that one minute wasn’t long enough to describe how misguided and unfair these amendments were. Despite the common-sense nature of the bill, 6 of the 13 representatives sided with Hartley. They said it would be unfair to move the goalposts during the game. The developers have held more than 100 closed-doors meetings, and it wouldn’t be right to clarify the conditions they agreed to at this point. Who else would want to “invest” in the lake if they weren’t sure they could get their money out of it?

I know a few. 4 Abbott kids, more than 50 cousins, 117 experts, 563 citizens at the capitol, 6,000 petition signers, and soon all 14 generations of Natives and newcomers in this valley.

The vote count was 6 for and 6 against when it came to Keven.

“Does the bill sponsor vote for these amendments?”

“Damn right I do.”

Tuesday, February 1, 2022

Utah Lake: our sacred trust

This morning, we held a press conference at Utah Lake on the LRS lawsuit. The live stream recording is accessible on Conserve Utah Valley’s Facebook page here. Several of my students, both my parents, and friends and acquaintances gathered in support. James Flaming Eagle Mooney and his entourage pronounced a blessing on all in attendance. My fabulous lawyers, Whit Krogue from RQN and Adam Alba from MCG then gave a primer on free speech and the contents of our answer to the lawsuit.

Adam and Whit set the stage.

Isabella Errigo read a message from Chief Executive Mary Meyer from the Timpanogos Nation, who was unfortunately quarantined with sick family. Andrew South then spoke about the engineering and economics of mega projects like this, followed by Elisabeth Currit reading a message from George Handley on our responsibility and expectations. Carol-Lyn Jardine then spoke about the efforts of Conserve Utah Valley and the broader Utah Lake Conservation Coalition, including the rally this upcoming Monday (don’t miss it!). I usually don’t like to read from a script, but this time, I felt I should write down exactly what I wanted to say. Here is what I read (photos courtesy of Jared Tamez and Jeff Beck):

I am so grateful for these community leaders who have given their time today to share their wisdom, experiences, and opinions about Utah Lake. I am also grateful to all those reporting on these issues and all those following along at home or at work. The biggest thing I’ve learned from this experience is that the vast majority of our community and leaders are well intentioned and want a bright future for Utah Valley and the lake at its center.


Whit on the fundamental importance of free speech.

A vibrant, free society depends on the open exchange of ideas, transparency in government, reliable information, and freedom of speech. Public disagreements and hard questions are needed at every step of big decisions about our community. I’m hard pressed to think of a bigger decision than the future of Utah Lake. Depending on how you think of it, this is a 150 square mile decision or a 30,000-year decision looking back to the Pleistocene origins of this unique water body.

Isabella reading Mary’s words about the sacredness of the lake.

The importance of free and open debate in making decisions makes this lawsuit really troubling. I have family, friends, and a professional network that have supported me and my family through this trauma, but I can’t shake this one question. What if this lawsuit had targeted someone else? What if the developers picked a college student, a single parent, or a working-class family speaking out about issues in their neighborhood? Do we want to live in a society where only those who can afford to retain permanent legal counsel can fully participate in public debate? Will we tolerate legal actions that dodge the hard questions and instead seek to silence citizens who are trying to understand and speak out about what is going on?

Elisabeth reading George’s words about leadership and stewardship.

The way we respond to this crisis will influence how our valley grows and what our society grows into. You may not agree with my conclusions about Utah Lake and this project, but I hope and sincerely believe that we are unified in our commitment to free speech and accountability. Our society is stronger when everyone can confidently share their views and raise concerns. Along those lines, I invite our political leaders to strengthen our state’s anti-SLAPP statute so that all Utahns can confidently participate in discussions about our state’s values and future.


Andrew talking about the societal and economic risk of mega projects. 

Now let’s get back to the lake. Utah Lake is big geographically, but it’s ecological and cultural importance aren’t just a matter of size. This desert lake is an island of water in the vast sea of land that is the Great Basin. Consequently, it is a keystone ecosystem in western North America—supporting tens of millions of birds, fish, and other species. The lake is generous and resilient. As Chief Executive Meyer of the Timpanogos Nation has taught us, this lake has sustained multiple civilizations around its dynamic shoreline for more than 20,000 years. When my ancestors arrived less than 200 years ago, the bounty of the lake’s fishery saved them when their crops failed. Many of us literally would not be here if it weren’t for Utah Lake.

Carol-Lyn showing the packet that was delivered to every representative and senator today.

Since the arrival of the Pioneers, we have a mixed record with our stewardship of the lake. We introduced exotic fish to replace the native ones we overharvested. We changed the lake’s hydrology to meet our immediate needs, not anticipating the feedbacks and impacts that would have on the whole valley. Our excessive water diversions resulted in the lake drying up during the Dustbowl, extincting one of the lake’s endemic fish, the Utah Lake sculpin. These errors have one thing in common: instead of carefully observing and learning from the lake, we assumed we could remake it in our own image. This is a story that has repeated itself thousands of times around the world. Wendell Berry calls this “arrogant ignorance.”

Me describing what a sailboat looks like and how it works.

Lessons learned from that failure in the 1930s helped us establish careful water management that led to the lake refilling. We rejected proposals to fundamentally change the lake in the 1970s and 80s. When the federal government tried to drill for oil under Utah Lake during the oil crisis, our community and state said no. The lake was too important to risk when other resources were available throughout the state and country. Then in 1989, when a senator proposed to create a Utah Lake Authority that would dike off Goshen Bay, crisscross the lake with highways, and build artificial islands—all in the name of comprehensive restoration and improvement of the lake—our leaders said no.


This isn’t the first time islands and dikes have been pointed at Utah Lake. This bill from 1989 wanted to “fix” the lake by destroying it similar to the current proposals under consideration.

For the past 40 years, we have taken a different path. We chose to invest in healing and ecological restoration. Rather than trying to transform the lake into something new, we decided to study and learn from the lake and begin undoing some of the mistakes we had made. Utah Lake had a huge advantage over other waterbodies such as the Great Salt Lake, which had suffered permanent modifications. Though not healthy at that time, Utah Lake was at least whole and intact. Starting with investments in wastewater treatment, we began to reduce the flows of excess nutrients and other pollutants to the lake. The listing of the June sucker as endangered accelerated these efforts, bringing diverse community partners to the table to discuss how we could restore the lake while still meeting our needs. We began removing the introduced species and testing methods for reestablishing native plants and fish. Collaborative agreements between farmers, cities, and other water users began restoring river flow to the lake—its lifeblood.

Hashtag for real don’t pave the lake.

These efforts are now bearing fruit as algal blooms decline, native species recover, and people across our valley rediscover the beauty, power, and wonder of this unique ecosystem. Right at this delicate and crucial moment of healing and recovery, we need to have an extra measure of caution and commitment. Utah Lake’s recovery depends on sustained support, rigorous research, and robust public participation.

An osprey returns to its nest on the lake.

The island developers seem to think we don’t have the right to say no. They tell us they want input, but apparently only about the size, number, and shape of the islands. They tell us that the law has already been passed, or that we should wait until some point in the future to speak out, potentially when their project is so far along that it can’t be stopped. I don’t accept that argument. I reserve the right to say no. Our community has the right to debate and decide whether or not this is the right direction for us and the lake that sustains us.

James Flaming Eagle Mooney and entourage performed a smudge ceremony.

So, I want us all to take a deep breath and ask ourselves, how did we get here? What are we considering and why? What are the policies and programs that have brought us to the brink of such a bad decision? Take a look at the signs around us. They say, “Don’t pave Utah Lake.” Are we seriously considering throwing away decades of restoration? Are we seriously considering destroying one of our state’s natural wonders for short-term profit? If we allow this project to move forward, are we going to need signs next that say, “Don’t bulldoze Mount Timpanogos”? “Don’t sell Bridal Veil Falls?” How many times do we need to learn this lesson? I believe we are better than this.


Bremen and Logan hold back the wind (and hopefully the islands).

Like medicine, the first rule of ecological restoration is to “do no harm.” What we need right now isn’t islands, or a bigger shovel as proposed by the new Utah Lake Authority. We need cool heads and leaders with vision and moral courage who can help our valley fulfill our sacred stewardship of this lake.

The lake.