Are the Utah Lake islands dead in the water?

During the interim legislative session on August 17th, the director of Utah's Division of Forestry, Fire, and State Lands declared that the proposal to use Utah Lake for the world's largest dredged island project was legally unsound and unconstitutional. She additionally explained that Lake Restoration Solutions (LRS) had not provided adequate scientific evidence for the state to evaluate their proposal, which has been on file since 2017. 

Director Barnes pulls no punches during the most important 9.5 minutes in the great Utah Lake debate. The transcript of the announcement and subsequent discussion is included at the bottom of this post.

The announcement clearly represents a huge setback for LRS and a huge win for Utah Lake, though the full implications are still unclear. 

One of the things I hope everyone takes away from this is that normal citizens can have a huge influence on public events. LRS had a huge dollar advantage, connections with politicians, and a four-year head start. They didn't stand a chance against our rag-tag group of retirees, stay-at-home parents, and volunteer professionals. When we insist, truth and common sense still count.

Henry and a hundred swallows and blackbirds contemplate the wild and vast Utah Lake.

Here are some of the questions to consider as we transition to a post-LRS world:

1. When will the state announce the formal rejection of LRS's proposal, and will this stop LRS's Army Corps dredging application and attempt to secure $893 million from the EPA?
2. Will there be political reprisals against the state employees and agencies involved in this decision, or will the executive branch ensure freedom of speech and separation of powers?
3. Now that the premise has been deemed unconstitutional, will the legislature repeal the 2018 law that made the consideration of LRS's proposal possible?
4. How can we improve the ecological understanding of the legislature and the public regarding Utah Lake?
5. How can we best work with the legislature and the new Utah Lake Authority to expand science-based restoration efforts and enhance our community's connection with the lake?
6. Why are there so many pro-LRS members of the new Utah Lake Authority (check out this eye-opening analysis by several concerned citizens)?
7. How can we strengthen the Utah Lake Conservation Coalition and other community watchdog groups to improve accountability, transparency, and wise planning?

Melissa Stamp and her crew organize volunteers for a Saturday work session at the Provo River Delta Restoration Project. Over just a few years, the public's interest and support of Utah Lake have blossomed.

As we think about what kinds of efforts to support, here are eight prioritized recommendations from our Getting to Know Utah Lake report:

1. Rehabilitate our cultural connection with the lake through outreach, education, and experiences with the lake
2. Create a permanent conservation easement around the lake to ensure ecological health, public access, and long-term quality of life for our rapidly growing community
3. Increase river flow to the lake through better water laws and conservation by water users, including farmers, industries, and cities
4. Reduce pollutant flows to the lake by upgrading wastewater treatment and improving urban and agricultural runoff management in the watershed
5. Continue invasive species removal and habitat restoration in ecologically sound ways
6. Integrate the health and conservation of Utah Lake into strategic planning of future development in the valley
7. Protect the lake from dangerous proposals that threaten its health and our future
8. Support basic and applied research about the lake’s ecology and sustainable practices for its watershed

An island of freshwater in the arid expanse of the Great Basin.

Unofficial transcript of Director Barnes’ report to the Natural Resources, Agriculture, and Environment Interim Committee:

Jamie Barnes: Thank you Mr. Chair. Again, Jamie Barnes, Director of Forestry, Fires, and State Lands. Well, thanks for giving me the opportunity today to update you on HB240 and the Utah Lake Restoration Project. Prior to getting into the update, I want to be clear that the Division does not take a position on this project. We've been working openly and in a friendly manner with Lake Restoration Solutions and looking at all options to enhance the quality of Utah lake. Since the implementation of HB240, the Division has been working towards addressing the key elements of the legislation, which is the recommendations for standards, criteria, and thresholds, and obviously the disposal of sovereign lands. In addition, the Division has been working with the agents of Lake Restoration Solutions on technical issues with regard to the application. These include: entity incorporation, application-party discrepancies, exchange versus disposal discrepancies, location of the project, and an application that predates the legislation.

With regard to the proposal, the proposal associated with the application lacks the scientific data to report the recommendations referred to in 1A of the legislation. This also makes it challenging to update you on the specific details required by the legislation at this time. However, more importantly for today is the disposal element associated with this project. When HB240 took effect, we met with the agents of Lake Restoration Solutions. We asked them to submit a legal memo to the Division regarding the fee simple disposal issue for this project. Since that time, the memo submitted has undergone extensive legal review by the Attorney General's Office who is our legal counsel. I have been advised by our legal counsel that there are material and substantive legal issues with the proposal submitted by Lake Restoration Solutions and that it is detrimental to the state of Utah and the public trust. The proposal is unconstitutional and is not legally sound. 

Now, I understand that this is a case of first impression, but this project presents a risk to the state of Utah. There is a possibility of permanent loss of sovereign land to a private entity, the exposure to the state based on a fiduciary duty attributable to sovereign land, and impermissible infringement on public access to a state asset. Now, I know that's a lot to take in, but that's the update that I prepared for you today, and I'm happy to answer any questions that you may have. 

Botanist Blake Wellard identifies some of the rare native plants that are recovering from the lake's rich seed bank. Blake and other specialists have described Utah Lake's wetlands as the most intact and diverse of any in Utah.

Keven Stratton: Thank you, is there any committee discussion? Senator Iwamoto.

Jani Iwamoto: I just had that still on, but I appreciate that. Do we get to see the report?

Barnes: Well this is just an update. We haven't made a formal recommendation. This is just a status update

Iwamoto: Because, I had a lot of questions about it and what the problems are with the lake and remediation. I know the carp are gone, and we didn’t seem to have an algae bloom problem, and just issues with the sovereign land and storage for water that we would be losing.

Barnes: Yeah, I’m happy to discuss those in detail with you.

Iwamoto: I would like to. 

Stratton: Further discussion? Seeing none, I want to thank you for the report and the update. I recognize that this is a big task, and I would just say is the…as we look at Utah Lake that the effort is that it become its best version and what we’re doing, and maybe I would just invite you certainly this is one option of others. And do you have any updates on the algal bloom circumstance or the anything else that you’d like to comment today on the Utah Lake that is in your care and supervision, Director?

Ingrid learns to paddle-board on Utah Lake. As we decide how to conserve and restore Utah Lake, are we being good ancestors?

Barnes: Well, I will just say that I think there's a misconception that Utah Lake is getting worse, and I think that depends on who you talk to. My Division is currently taking management actions to improve the quality of Utah Lake. And I think over time that we’ve seen Utah Lake improving. There are a lot of things that are currently being done on Utah Lake to improve and enhance the quality of the lake, and I think that's what we need to continue to is: we need to look at all options to enhance the quality of Utah Lake and to make it a functioning ecosystem. It's important that we start taking proactive measures on the lake and not be reactive. And, I'm hopeful that with the funding that the legislature has given us–that we're very thankful for–that we can continue to improve Utah Lake.

Stratton: Thank you Director, and again it's certainly, I want to emphasize the legislative intent, and I think certainly aligned with the executive branch’s intent to see that that lake becomes its very best version. And that's going to take a lot of work and effort. A heavy lift for all of us, so continue those efforts and look forward to continued updates and a final report as we move through the interim session. Thank you, Director.

A man fishes in the expansive and glorious Utah Lake.