Compass Minerals, formerly known as Great Salt Lake Minerals, Inc., has been a significant industrial presence on the eastern shore of Great Salt Lake since 1970. Operating at the boundary of Bear River Bay and Ogden Bay, with additional operations in Clyman Bay on the western side of the Lake, the company is the largest producer of sulfate of potash in the Western Hemisphere and a major contributor to the local economy. Recent data shows that Compass Minerals is the largest mineral extraction water user on Great Salt Lake, depleting an average of 111,700 acre-feet annually from 2017 to 2021. This significant water use, primarily through evaporation ponds, has been a critical point of concern for FRIENDS, especially as water levels remain below the target healthy range of 4,198-4,205’ ASL as designated by the Great Salt Lake Commissioner’s Strategic Plan.
Proposed Expansion and Public Trust Doctrine
In 2009, Great Salt Lake Minerals, Inc. (now Compass Minerals) proposed a significant expansion of its operations, seeking to increase its evaporation pond footprint by up to 91,000 acres within Great Salt Lake. While the footprint of this expansion would have mostly taken place in the Lake’s North Arm, a significant portion of this expansion would have taken place within Bear River Bay, resulting in the channelization of inflows and a major reduction of open water bird habitat. The proposal was accompanied by an application for water rights to divert an additional 353,000 acre-feet annually from Great Salt Lake. This expansion plan sparked a decade-long battle that would ultimately reshape the management of Public Trust resources in Utah.
FRIENDS, together with other conservation groups known as the Coalition to Keep the Lake Great, strongly opposed this expansion, arguing that it would have severe impacts on the Lake's ecology and water levels. We contended that approving such a large-scale industrial expansion would violate the state's responsibility to protect the Public Trust resources of Great Salt Lake.
“As a sovereign land and a Public Trust resource – by law – Great Salt Lake must be managed in perpetuity by the Division of Forestry, Fire and State Lands for the people of Utah.” Lynn de Freitas, Executive Director’s Message, Fall 2014
The application to expand operations was approved by the Utah Division of Forestry Fire and State Lands (FFSL), the agency tasked by law to manage the bed of Great Salt Lake under the Public Trust Doctrine. As required by the Clean Water Act (CWA) of 1972, the company was also required to obtain a Section 404 permit from the U.S. Army Corps of Engineers (ACOE) and Section 401 permit from the Utah Division of Water Quality (DWQ), ensuring that the discharge of waters into Great Salt Lake met water quality standards. We actively participated throughout each permitting process, including filing legal challenges to FFSL’s decision to lease the additional lakebed. These challenges stretched over 10 years, and included two appeals to the Utah Supreme Court. Though the application to expand operations was permitted by FFSL, the application for water rights along with Sections 404 and 401 authorizations were never approved and eventually withdrawn by the company. These efforts on the part of FRIENDS resulted in rule changes allowing public challenges to decisions on Public Trust land use. Because not all necessary permits were obtained, the expansion did not proceed, marking a significant victory for conservation efforts. Rather than continue pursuing an expansion of operations, Compass Minerals has shifted efforts towards improving the efficiency of their current systems, for which we applaud them.
Flushing Salts into Bear River Bay
To clean excess salts from their evaporation ponds, Compass Minerals flushes them with fresh water from Bear River Bay obtained through a non-consumptive water right. This effluent is then flushed back into the lower portion of Bear River Bay, a brackish wetland habitat that supports a variety of aquatic and avian life, and the largest inflow to Great Salt Lake.
For years, this flushing was done without the necessary discharge permits required by the CWA and Utah State Law.To force DWQ to require the proper permits, FRIENDS notified the agency of its intent to file a citizen’s suit under the CWA. The company stopped flushing salts into the most sensitive areas of Bear River Bay, including Willard Spur, but was able to obtain permits through the Utah Division of Water Quality (DWQ) to discharge excess salts into the southern part of Bear River Bay. We challenged this permit based on lack of science to show that it would not be harmful to the Lake. Our challenge led to a settlement with Compass and DWQ requiring a five-year period of extensive monitoring of possible impacts to the Lake by the discharge overseen by FRIENDS, DWQ, and Compass Minerals. The scientific evidence gathered during this time showed that the controlled salt flushing into the southern portion of Bear River Bay is unlikely to cause meaningful harm to the Lake's ecosystem when done in the approved locations. Currently, Compass Minerals flushes 3-5 million tons of salts back into the Lake annually under a non-consumptive water right and a discharge permit renewed every five years. Although the settlement is no longer in effect, we continue to monitor the impacts of the effluent on the biota of Bear River Bay.
Recent legislation, particularly House Bill 453 passed in 2024, has introduced new requirements for salinity discharge limits based on real-time Lake salinity levels. While this represents progress in regulating industrial discharges, FRIENDS remains committed to advocating for stricter oversight and more effective environmental protections for Bear River Bay and the rest of Great Salt Lake through establishment of meaningful water quality standards, including a salinity standard. We continue to balance the recognition of industrial needs with our primary mission of protecting and preserving the critical ecosystems of Great Salt Lake in perpetuity.
Lithium
In 2022, Compass Minerals announced plans to explore lithium extraction from the Great Salt Lake, a project that, according to the company, could potentially create over 100 additional jobs. However, the passage of House Bill 513 in March 2023 introduced significant regulatory uncertainty for lithium production on the Lake. Subsequent rulemaking by FFSL led Compass Minerals to indefinitely suspend the project in late 2023. FRIENDS is closely monitoring these developments, as well as the implementation of House Bill 453 in 2024, which aims to modernize oversight of mineral extraction on the Lake. These legislative actions highlight the ongoing challenge of balancing economic opportunities with environmental protection, and underscore the need for comprehensive, science-based management of the Lake's resources.
Continuing Discussion
In recent years, Compass Minerals has shown signs of adapting to the challenges facing Great Salt Lake, primarily by shifting strategy toward improving the efficiency of its facilities rather than expanding operations. The company has entered into a Voluntary Agreement with FFSL to retire unused and unperfected water rights, and to give up about 65,000 acres currently under lease. Additionally, Compass has agreed to reduce its water intake as Lake levels decline. We see these as positive steps by the company, and applaud their efforts to be good corporate citizens of the Lake.
FRIENDS remains vigilant in monitoring Compass Minerals' activities on Great Salt Lake. The complex history of legal battles, collaborative efforts, regulatory changes, and ongoing environmental concerns underscores the delicate balance between industrial use and ecological preservation. As we move forward, FRIENDS will continue to advocate for substantial reductions in water use, push for responsible practices, and work collaboratively with all stakeholders to protect this irreplaceable natural resource for future generations. Our commitment to the Lake's health remains unwavering, guided by best available science and the principles of the Public Trust doctrine.