Dear FRIENDS,
The 2024 Utah Legislative Session has ended. While some relevant bills were passed, many that were introduced were ultimately not passed. There is still work to be done to fill gaps in existing legislation. Our priorities include efforts to advance water conservation, measurement, and shepherding. Please do your part to preserve and protect the Great Salt Lake ecosystem by contacting your representatives regarding legislation relevant to the health of Great Salt Lake.
To receive email notifications about the status of these and any other bills, sign up for the Legislature's tracking service.
Passed Bills:
H.B. 11 Water Efficient Landscaping Requirements, sponsored by Rep. Owens and Sen. Winterton, originally limited installation of nonfunctional turf for new government facilities in the Great Salt Lake Basin. The bill was amended to instead restrict the use of overhead spray irrigation at new government facilities.
H.B. 61 Water Measuring and Accounting Amendments, sponsored by Rep. Albrecht and Sen. McKell "modifies the state water policy to allow for the use of telemetry in water data collection and permits the State Engineer to make rules governing telemetry and water distribution accounting. The bill also removes outdated language regarding rulemaking authority on preferences of water rights" (Smith Hartvigsen, PLLC).
Expanding the use of telemetry and distribution accounting for improved water measurement and shepherding are priorities identified by the Great Salt Lake Strike Team Report and the Great Salt Lake Commissioner's Strategic Plan.
We support this recognition of telemetry and distribution accounting within state water policy.
H.B. 62 Utah Water Ways Amendments, sponsored by Rep. Owens and Sen. Sandall, directs coordination between the nonprofit statewide partnership, Utah Water Ways, and the State Board of Education to expand education about Utah's water systems. Coordination with Utah Water Ways to enhance public education is an action identified in the Great Salt Lake Commissioner's Strategic Plan. As a provider of environmental education programming at Great Salt Lake, FRIENDS values the power of education to shape the next generation of environmental stewards.
We support expanded education about Utah's water systems in the K-12 public education system.
H.B. 453 Great Salt Lake Revisions, sponsored by Rep. Snider and Sen. Sandall, expands on 2023's H.B. 513 to consolidate and more clearly define the management responsibilities of the Utah Division of Forestry, Fires & State Lands (DFFSL) with regard to the Lake. It would allow DFFSL, under certain circumstances, to acquire property and water rights. It would require mineral extraction operators to enter into a cooperative agreement, and it would give preference to non-consumptive technology for lithium extraction. Most importantly, H.B. 453 requires the State Engineer to establish a distribution management plan, which will function as a water budget for the Lake. This plan will set limits on what the mineral extraction companies can take from the Lake during low water years, and it will protect water conserved upstream for the benefit of the Lake from being diverted into evaporation ponds.
We support this effort to modernize oversight of mineral extraction on Great Salt Lake. Listen to our comment in support of H.B. 453 here, and find more background about mineral extraction regulations here.
S.B. 18 Water Modifications, sponsored by Sen. Sandall and Rep. Snider, refines 2023's S.B. 277 and addresses water saved through agricultural water optimization projects. S.B. 18 moves rulemaking power to the state engineer, "adding language clarifying the definition of saved water and the administrative procedures to secure its separate use and protect it from forfeiture. It also clarifies that saved water cannot increase the depletion of the underlying water right" (Smith Hartvigsen, PLLC).
Protections for saved water are critical for participants in agricultural optimization programs and shepherding saved water to Great Salt Lake, as recognized by the Great Salt Lake Commissioner's Strategic Plan. We support these protections for saved water.
S.B. 57 Utah Constitutional Sovereignty Act, sponsored by Sen. Sandall and Rep. Ivory, allows the Legislature, by concurrent resolution, to prohibit the enforcement of a federal directive within the state if the Legislature determines the federal directive violates the principles of state sovereignty. The bill describes how a federal directive may violate the principles of state sovereignty and requires the Legislature to consult with the attorney general regarding the potential impact of a concurrent resolution on litigation.
We oppose S.B. 57's potential to impact agencies within the Utah Department of Environmental Quality and to undermine delegated federal programs such as the Clean Water Act and Clean Air Act.
S.B. 77 Water Rights Restricted Account Amendments, sponsored by Sen. Sandall and Rep. Snider, "modifies the purposes for which money in the Water Rights Restricted Account may be used. The bill adds that the Division of Water Rights may use the Account to pay for installing, operating, and maintaining water measurement infrastructure and for sharing in the costs of installing stream gauges (with the U.S. Geological Survey)" (Smith Hartvigsen, PLLC).
Installation of water measurement systems is a priority identified in the Great Salt Lake Commissioner's Strategic Plan.
We support this expanded funding pathway for water measurement infrastructure.
Bills Not Passed:
H.B. 401 Water Usage Amendments, sponsored by Rep. Owens, is an amended version of H.B. 538, which passed the House in the 2023 Legislative Session but failed in the Senate. It prohibits the watering of lawn or turf from October 1 to April 1 in counties in the Great Salt Lake watershed. It does not apply to irrigation of trees, shrubs, gardens, newly established turf, or agriculture. Violating the prohibitions would be a civil infraction with a fine of at least $50 for the first violation and $100 for additional violations in the same year. The bill directs the Utah Division of Water Resources to report an estimate of water saved by this restriction. According to the Great Salt Lake Commissioner's Strategic Plan, 60% of Utah's residential water use goes toward outdoor irrigation. The Plan identifies municipal water conservation and quantification of water saved as actions to increase inflows committed to Great Salt Lake.
We support this effort to reduce outdoor irrigation in communities throughout the Great Salt Lake basin.
H.B. 427 Water Revisions, sponsored by Rep. King, directs the Utah Division of Water Resources and the Division of Water Rights to jointly study the creation of a water database and center.
We support the exploration of tools that can improve water measurement, management, and coordination across state agencies.
H.B. 448 State Water Program Reporting Requirements, sponsored by Rep. Ward, requires the Utah Division of Water Resources to monitor and report on the state's water optimization efforts.
We support improved coordination and monitoring of optimization programs, a priority identified in the Great Salt Lake Commissioner's Strategic Plan.
H.J.R. 27 Joint Resolution Encouraging Water-efficient Landscaping Ordinances for New Construction, sponsored by Rep. Owens and Sen. McKell, recognizes the importance of water to the state; supports water-efficient landscaping as a key strategy for meeting water optimization goals; and recommends that municipalities and counties adopt water use elements in general plans as well as water-efficient landscaping ordinances for new construction.
We support the state's encouragement of water conservation by municipalities.
S.B. 118 Water Efficiency Amendments, sponsored by Sen. McKell and Rep. Musselman, appropriates $1 million for the Utah Division of Water Resources, which will be granted to water districts for programs incentivizing the use of water-efficient landscaping in new residential development in the Great Salt Lake Basin.
We support incentives for water-efficient landscaping as Utah continues to grow.
S.B. 196 Great Salt Lake Amendments, sponsored by Sen. Blouin, directs the Great Salt Lake Commissioner to create and report on a plan to maximize the Lake's inflows in wet water years. The Great Salt Lake Commissioner's Strategic Plan recognizes the need to plan for streamflow variability and capitalize on wet years to reach target lake levels.
We support the development of a plan to guide action and bolster Lake levels during and following above average water years.
How You Can Help:
Contacting your representatives during and outside of the legislative session is an important responsibility and really does make a difference. Please take a moment to familiarize yourself with this legislation and reach out with any questions you might have, then contact your representatives and let them know that you support initiatives to preserve and protect Great Salt Lake.
Find Your Representatives
Summary of Significant Legislation
2019
H.C.R. 10 Concurrent Resolution to Address Declining Water Levels of the Great Salt Lake
Bill Sponsor: Rep. Hawkes
Floor Sponsor: Sen. Sandall
Before H.C.R. 10, only a trickle of water legislation had made its way into policy, usually with Great Salt Lake as a footnote. This resolution shifted our state’s fundamental perception of the Lake as being vital to the state’s economic, ecological, and environmental health. The resolution urged the Utah Departments of Natural Resources and Environmental Quality to act quickly to prevent irreversible economic and ecological degradation caused by declining lake levels. In December 2020, the Great Salt Lake Resolution (HCR-10) Steering Group issued a report titled Recommendations to Ensure Adequate Water Flows to Great Salt Lake and Its Wetlands. This report helped spur timely legislative initiatives to support effective responses to the Lake’s decline. The important foundation laid by H.C.R. 10 has been present in most water legislation passed over the last five years.
2020
S.B. 26 Water Banking Amendments
Bill Sponsor: Sen. Iwamoto
Floor Sponsor: Rep. Hawkes
An experimental shift in “Use-it or Lose-it” water law, this bill authorized a 10-year pilot program permitting water rights holders to voluntarily and temporarily lease their water rights, including for environmental purposes such as instream flows and Great Salt Lake. This bill established the Water Banking Act and was paired with a one-time appropriation of $400,000 along with a matching federal SmartWATER grant to implement and study water banking in the state.
2022
H.B. 33 Instream Water Flow Amendments
Bill Sponsor: Rep. Ferry
Floor Sponsor: Sen. Sandall
A more dynamic shift in “Use-it or Lose-it” water law, this bill granted certain state agencies the power to recognize the “beneficial use” of an instream flow on sovereign lands, including Great Salt Lake. The statute provided that water leased, purchased or donated for instream flow in Great Salt Lake and its tributaries can be deemed by the Division of Forestry, Fire & State Lands (DFFSL) as being put to “beneficial use” under Utah water law. As a result, water that was once considered “wasted” is now protected under the law.
H.B. 429 Great Salt Lake Amendments
Bill Sponsor: Rep. Miles
Floor Sponsor: Sen. Sandall
This bill and its $5M appropriation directed the Division of Water Resources to conduct an Integrated Water Assessment in the Great Salt Lake Watershed. The work would include an analysis of the integration of surface and groundwater, a forecast of water availability for all water uses (i.e., people and the environment), and a water budget for Great Salt Lake and its associated wetlands. The water budget would address water flows needed to maintain different lake levels with consideration of water quality, ecological needs, economic benefits, and public health benefits. With the addition of a WaterSMART grant from the Bureau of Reclamation to conduct a Great Salt Lake Basin Study, these two studies were combined to develop the Great Salt Lake Basin Integrated Plan (GSLBIP). A draft Work Plan for GSLBIP was released in Fall 2023. The Final Action Plan is to be completed by November 2026 and presented to the legislature. The purpose of GSLBIP is to “Ensure a resilient water supply for the Lake and all water uses, including people and the environment throughout the watershed.”
H.B. 410 Great Salt Lake Watershed Enhancement
Bill Sponsor: Rep. Wilson
Floor Sponsor: Sen. Vickers
This bill authorized $40 million to establish the Great Salt Lake Watershed Enhancement Trust (GSLWET) to enhance water quantity and water quality for Great Salt Lake and its wetlands. The Trust provides legal tools and financial resources necessary to purchase, lease, and accept donated water rights for the Lake. National Audubon Society and The Nature Conservancy worked together to establish the framework of the Trust, and create its Advisory Board. The GSLWET will soon evolve into its own 501(c)(3). That work is nearly completed and water partnerships are being forged.
H.B. 157 Sovereign Lands Revenue Amendments
Bill Sponsor: Rep. Hawkes
Floor Sponsor: Sen. Stevenson
This bill established the Sovereign Lands Management Account which will keep revenue generated from resource development on State Sovereign Lands within DFFSL. A separate Great Salt Lake Account was also created wherein the royalties from Great Salt Lake resource development, such as mineral extraction and brine shrimp harvest, would be held by DFFSL and used for the specific benefit of Great Salt Lake. A collective $7,000,000 initial appropriation was made to establish the accounts.
H.B. 242 Secondary Water Metering Amendments
Bill Sponsor: Rep. Peterson
Floor Sponsor: Sen. McKell
This bill requires metering of all existing secondary water (non-culinary irrigation water) connections before 2030 by progressively ramping up requirements by county. This policy change expanded on the groundwork of 2019’s S.B. 52, and addressed scope, definitions, and exemptions in 2020’s S.B. 51.
2023
H.B. 491 Amendments Related to The Great Salt Lake
Bill Sponsor: Rep. Schultz
Floor Sponsor: Sen. Sandall
This bill enacted the Great Salt Lake Commissioner Act, which designates a Great Salt Lake Commissioner to oversee the long-term health of Great Salt Lake. The Commissioner will represent Great Salt Lake on the Board of Water Resources. The bill also provides funding for the Commissioner's office, staff, and efforts to manage the Lake's water levels. Finally, it provided office space and support to the Commissioner within the Department of Natural Resources.
In May, 2023, Governor Cox appointed Dr. Brian Steed as the Great Salt Lake Commissioner, who recently hired Tim Davis as Deputy Commissioner. Commissioner Steed also serves as the Executive Director of Janet Quinney Lawson Institute for Land, Water and Air at Utah State University and is Co-chair of the Great Salt Lake Strike Team. Dr. Steed had previously served as the Executive Director of the Utah Department of Natural Resources, and as Deputy Director of Policy and Programs of the Bureau of Land Management in Washington D.C.
Commissioner Steed has a long track record of advocating for Great Salt Lake and getting things done, He knows the people, the politics, and the Lake. We are pleased to have him in this position and look forward to working in support of his Great Salt Lake Strategic Plan.
H.B. 513 Great Salt Lake Amendments
Bill Sponsor: Rep. Snider
Floor Sponsor: Sen. McKell
This bill imposed new, stronger requirements for mineral extraction regulations, including lithium extraction, in Great Salt Lake. DFFSL and the Utah Division of Water Quality (DWQ) are now drafting new rules to implement those requirements, which are expected to be finalized and open for public comment in early 2024. FRIENDS has been actively engaging in the rulemaking process with DFFSL and DWQ, providing input to ensure the agencies’ rules are rigorous enough to prevent negative impacts on the Lake’s chemistry and biota from these industries.
2023 Legislative Updates
Dear FRIENDS,
The 2023 Utah Legislative Session is coming to a close. There are several opportunities to support water conservation and investment in efforts to rescue Great Salt Lake from ongoing collapse. Please do your part to preserve and protect the Great Salt Lake ecosystem by contacting your representatives regarding legislation relevant to the health of Great Salt Lake. Here's what we're tracking:
Budget:
The Executive Appropriations Committee met on Friday, 2/24 to release the budget draft. Included in the budget draft is $8 m. for Air & Water Innovation Grants, $6 m. for Wetland Acquisition, $5 m. each for Turf Replacement Rebates and Utah Lake Improvements, $5,449,000 for Water Rights Measurements and Data, $15 m. for Secondary Water Metering, $200 m. for Ag Optimization, and $10 m. for Emergency Water Shortages, and $20 m. for Wildlife Highway Mitigation.
Passed Bills:
To receive email notifications about the status of these and any other bills during this session, sign up for the Legislature's tracking service.
S.B. 76 Water Amendments, sponsored by Sen. Sandall, addresses coordination of planning related to water and land use, including requiring certain municipalities and counties to consult with state agencies and others in development of general plans. This bill also appropriates $890,000 for planning. Effective water planning must become an integral part of land use planning and economic development as Utah continues to grow. We strongly support this step toward that goal.
S.B. 92 Special License Plate Designation, sponsored by Sen. Plumb, creates the Great Salt Lake Preservation special group license plate and directs revenue generated by the license plate to be deposited into the Sovereign Lands Management Account to enhance preservation of the Great Salt Lake watershed and ecosystem. We support this additional source of funding for the Lake and its recognition of Great Salt Lake as a Utah landmark.
S.B.118 Water Efficient Landscaping Incentives, sponsored by Sen. Sandall, establishes a financial incentive program for the conversion of lawns or turf to water efficient landscaping. Conservation by all water users is critical to the preservation of Great Salt Lake. We strongly support this conservation initiative.
S.B. 119 Per Capita Consumptive Use, sponsored by Sen. McKell, defines how per capita consumptive water use is to be calculated, requires reporting, and regulates the publication or dissemination of consumptive water use numbers. Effectively measuring water use is essential for water supply planning and water conservation efforts. Gallons Per Capita Per Day (GPCD) is a common metric for measuring water use but under the surface there are some shortcomings that if not understood can lead to bad comparisons and even worse decisions. We oppose this bill, as flawed language may allow for underreporting and lack of transparency that would undermine water conservation efforts.
H.B. 121 Wildlife Habitat Account Amendments, sponsored by Rep. Peterson, increases the percentage and amounts of money that go to wetlands that are beneficial to waterfowl and decreases amounts that go to upland and big game projects. We support this investment in critical wetland habitats which support migratory birds and other wildlife.
H.B. 137 State Crustacean Designation, sponsored by Rep. Lesser, designates the brine shrimp as the state crustacean. We support this symbolic recognition of a keystone species in the Great Salt Lake ecosystem. This bill was introduced in partnership with sixth graders from Emerson Elementary School. Read more about this collaborative effort and why the students think brine shrimp should be our state crustacean here.
H.B. 150 Emergency Water Shortages Amendments, sponsored by Rep. Albrecht, clarifies the process for the declaration of emergency shortages of water by the governor and creates a preference for uses of water during a temporary water shortage emergency. We support this clarification of priorities as Utah faces continued drought.
H.B. 217 School Energy and Water Reductions, sponsored by Rep. Bennion, authorizes the State Board of Education to issue grants to schools related to energy and water reductions with priority given to outdoor water conservation projects, and provides a one-time $9.9 million appropriation from the Income Tax Fund. We support this water conservation initiative.
H.B. 220 Emissions Reduction Amendments, sponsored by Rep. Stoddard, enacts the Pollution Emission Reduction Act which imposes certain emission related requirements on the board of the Inland Port Authority. We strongly support this regulation of emissions related to the Inland Port, which is adjacent to critical wetlands on Great Salt Lake's southern shore as well as Westside communities that are already disproportionately impacted by air pollution.
Failed Bills:
S.C.R. 6 Concurrent Resolution Regarding the Great Salt Lake Elevation Targets, sponsored by Sen. Blouin, establishes a target minimum elevation of 4,198 feet above sea level for Great Salt Lake. A surface elevation of 4,198 feet supports the health of the Lake's ecosystem and other beneficial uses according to the Utah Department of Natural Resources' Great Salt Lake Elevation Matrix. We support the designation of this target elevation for Great Salt Lake.
Status: Failed in Senate Natural Resources, Agriculture, and Environment Committee
H.B. 262 Wildlife Management Area Amendments, sponsored by Rep. Snider, establishes wildlife management area purposes and how purposes and conditions for certain uses are to be implemented. There are several wildlife management areas surrounding Great Salt Lake, and we support the protection and effective management of these important habitats.
Status: Failed in House Rules
H.B. 272 Water Efficient Landscaping Amendments, sponsored by Rep. Owens, allows the Division of Water Resources to award grants to local water districts or municipalities that pass appropriate water use ordinances. Municipalities can use grant funding to financially assist property owners in water-efficient landscaping efforts. This bill would incentivize municipalities to adopt regionally-based water efficiency standards and promote water-efficient landscaping. We strongly support this effort to reduce outdoor irrigation in cities throughout the Great Salt Lake basin.
Status: Failed in Senate
H.B. 286 Great Salt Lake Funding Modifications, sponsored by Rep. Briscoe, redirects sales and use tax revenue from the Water Infrastructure Restricted Account (WIRA), which collects funding for the Bear River Development and Lake Powell Pipeline projects, to the Great Salt Lake Account for five years to support the management of Great Salt Lake's water levels. We strongly support this proposed use of existing tax revenue to fund urgent water acquisition for Great Salt Lake.
Status: Failed in House Rules Committee
H.B. 538 Water Usage Amendments, sponsored by Rep. Owens, establishes civil penalties for watering lawn or turf during a restricted period, and provides for use of water for the Great Salt Lake. We strongly support this water conservation initiative and the allocation of conserved water to Great Salt Lake.
Status: Failed in Senate
2022 Legislative Updates
Dear FRIENDS,
The 2022 Utah Legislative Session is underway and Great Salt Lake is receiving specific attention from Governor Cox, Speaker Wilson, and many others. Please do your part to preserve and protect the Great Salt Lake ecosystem by contacting your representatives regarding legislation relevant to the health of Great Salt Lake. Here's what we're tracking:
Passed Bills:
H.B. 33 Instream Water Flow Amendments, sponsored by Rep. Ferry. This bill provides that certain entities or individuals may file a change application to provide water for an instream flow or for use on sovereign lands. It allows state agencies like the Division of Forestry, Fire, and State Lands to lease, purchase, and accept donated water rights for the sovereign lands they manage. We strongly support this critical expansion of legal options to deliver more water to Great Salt Lake.
H.B. 157 Sovereign Lands Revenue Amendments, sponsored by Rep. Tim Hawkes. This bill protects the Sovereign Lands Revenue Account from being raided by unrelated interests. It also creates a specific Great Salt Lake Account, wherein the royalties from Great Salt Lake mining industries would be stored and used for the specific benefit of Great Salt Lake.
H.B. 121 Water Conservation Modifications, sponsored by Rep. Spendlove, prohibits certain lawn or turf requirements; imposes requirements related to water conservation at state government facilities and by state agencies; provides for incentives to replace lawn or turf with drought resistant landscaping; and requires the Legislative Water Development Commission to study water conservation in the state. These are important steps toward water conservation, which is important for the preservation of Great Salt Lake.
We oppose H.B. 232 which would create the Utah Lake Authority. This bill has been introduced in the House, and will likely be heard in committee this week. Contact legislators today and object to the creation of this agency. We are closely watching this bill, because we believe "As Utah Lake goes, so goes Great Salt Lake." This unaccountable agency will have the authority to funnel public funds to private interests and pursue private development on and around Utah Lake. Learn more about the proposal to dredge Utah Lake and develop manmade islands in this Salt Lake Tribune article and at dontpaveutahlake.org.
Status: Amended and passed
S.B. 73 Flow Rates or Quantity for Plumbing Fixtures, sponsored by Sen. Iwamoto. This bill modifies the residential and plumbing code adopted by the state to address maximum flow rates or quantity for certain plumbing fixtures. This is an important step toward residential water conservation and improved efficiency that can stretch our water resources further and benefit Great Salt Lake.
S.B. 89 Water Amendments, sponsored by Sen. Iwamoto. This bill requires water providers to set water conservation goals. During our current extreme drought, water conservation is critical for the preservation of Great Salt Lake and the security of our future water supplies.
S.B. 110 Water as Part of General Plan, sponsored by Sen. McKell. This bill requires cities and counties to consider water during their land use planning. Currently, cities and counties are not required to think about how their land use regulations influence water use. By considering water use during land use planning, the amount of water required for development could be reduced, more growth could be accommodated without increasing pressure for additional source development, and less water could be diverted from the entire Great Salt Lake watershed or other natural systems.
Budget:
This year, Governor Cox presented his budget from Antelope Island with a promise to prioritize Great Salt Lake issues. We're specifically watching for $200 million dollars to support secondary water metering. Secondary water metering is an important tool to help consumers understand their water use and move toward conservation. Click here to learn more and access the Governor's proposed budget.
In case you missed it, Speaker Wilson recently hosted a summit on Great Salt Lake. Check it out by clicking here. One item of note discussed at the summit was the allocation of America Rescue Plan Act (ARPA) funding for Great Salt Lake, specifically, we're looking for $50 million to be used to purchase water rights for the Lake.
Failed Bills:
H.B. 95 Landscaping Requirement Prohibition, sponsored by Rep. Ward. This bill prohibits certain government or private entities from requiring a property owner or resident to plant or maintain lawn or turf. Preventing wasteful watering and promoting responsible landscaping is critical as Utah continues to experience drought. Eliminating lawn and turf requirements is a necessary step toward secondary water conservation and the preservation of Great Salt Lake.
Status: Failed in House Political Subdivisions Committee
We oppose the Central Iron County Water Conservancy District's Pine Valley Water Supply Project, which is requesting $5.2 million for “preliminary planning and engineering.” This project was presented to the Natural Resources, Agriculture, and Environmental Quality Appropriations Committee on 2/1. No final decisions will be made on this issue until the last 10 days of the legislative session, but it’s never too soon to tell legislators that this would be a subsidy (not a loan) of tax dollars for an unsustainable water development project that would deplete groundwater from the Great Salt Lake watershed. Click here to read more about this project.
Status: Not funded
