Just a few hours ago, the state announced that they were formally rejecting the proposal to build artificial islands on Utah Lake. I was in a graduate student meeting when my phone started buzzing. The following headline popped along with a sideways picture of Lake Restoration Solutions' Army Corps application:
Utah Lake islands project is rejected by state officials
It is just a stub of an article by Ben Winslow reporting that the Division of Forestry, Fire & State Lands had determined that LRS' proposal would "not pass constitutional muster and be detrimental to the citizens of the state of Utah." The other news outlets are now releasing their takes (Deseret News, Salt Lake Tribune, Daily Herald, KSL, and Brig and Andrew).
The 94-page record of decision from the division has a lot more information. There is a play-by-play of all their interactions with LRS since 2017 and an extensive legal analysis explaining why they were cancelling the application.
From my perspective, the most interesting and important part of the rejection isn't the confirmation of the environmental deficiencies of the project. Those have been discussed at length elsewhere. What's really novel is that the division doesn't just reject this specific version of the project, they conclude that the premise of land transfers like this is unconstitutional.
For those of you who have been following closely, this is not news. Nearly four years ago, a undergraduate environmental studies student named Andrew Follett laid this out clearly in the Hinckley Journal of Politics law review. However, the fact that the state is now saying it is really significant.
This only happened because of the intense and sustained involvement of thousands of everyday citizens in Utah Valley and across the state. The community organizing of the Utah Lake Conservation Coalition and the legislative leadership of Representative Keven Stratton were key to making this happen.
The question remains, will the legislature repeal the flawed 2018 law that started this boondoggle? They will have a chance in 2022, but it's unlikely unless they hear from us. Here is what we need to do:
- Look up your legislator here
- Send them a polite email or give them a phone call
- Share with them the division's record of decision
- Ask them to sponsor repeal of 2018's HB272 (The Utah Lake Restoration Act) to restore full public trust protection to Utah Lake