HB453 Background
Sponsored by Representative Snider and Senator Sandall, 2024's HB453 expands on 2023's HB513 in an effort to modernize oversight of mineral extraction on Great Salt Lake.
HB513 was aimed at setting parameters for lithium mining on the Lake – preferably using non-consumptive extraction methods. HB513 directed the Utah Division of Forestry, Fires & State Lands (DFFSL) and the Division of Water Quality (DWQ) to establish rules for lithium extraction that not only established a preference for non-consumptive over consumptive methods, but that required the two agencies to certify that the proposed methods would not be harmful to either the chemistry or biota of the Lake.
It's important to recognize the impacts that traditional methods of mineral extraction have on the Lake. Those methods entail pumping massive amounts of Lake brine into evaporation ponds and letting the summer sun evaporate off desperately needed water. Between Compass and US Magnesium, there are over 110,000 acres of these ponds within the confines of the Lake that at one point evaporated off over 270,000 acre-feet of water annually. Nowadays, the companies evaporate less than they used to, but only because their intake canals don’t reach an ever-shrinking Lake. Of course, that didn’t stop US Magnesium from recently proposing multi-mile extensions of its intake canals with the stated intent of pumping 100,000 gallons of water per minute from the Lake. Contrast that with the recently-proposed lithium operation that wouldn’t entail any evaporation ponds, and would be almost entirely non-consumptive.
What does HB453 do?
What does HB453 do?
HB453 consolidates and more clearly defines 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 unused water and property rights, through eminent domain if necessary.
It would require mineral extraction operators to enter into cooperative agreements with other operators on the Lake to make sure that each company operates in a way that not only respects the rights of other operators, but does so in a way that doesn’t negatively impact the Lake.
The bill would give clear preference to operators that use non-consumptive technology for lithium extraction when competing for royalty agreements, and would require companies using traditional, consumptive technologies to switch to innovative, non-consumptive methods once the newer technologies are shown to be commercially viable.
Perhaps the most important aspect of HB453 is the requirement that the State Engineer establish a distribution management plan, which will function as a water budget for the Lake.
This plan, which must be in place by May 2025, will set limits on what the mineral extraction companies can take from the Lake during low water years – something that didn’t exist before – and will protect water conserved upstream for the benefit of the Lake from being diverted into evaporation ponds.
The plan will be based on the hydrology, elevation and salinity levels of the Lake, and will support the goals outlined by the Great Salt Lake Commissioner in his newly-released strategic plan.
Given that two years ago all of the water in the Lake was considered wasted under Utah water law, and that there were no limits on how much water mineral extraction companies could take from the Lake, we’ve made huge strides in the right direction.
Looking Ahead
HB453 has been passed by the House and will soon be heard in the Senate Natural Resources, Agriculture, and Environment Committee. Given its support from legislative leadership, we’re confident that it will make it through the legislative session largely intact.
However, the details of the bill's implementation will be crucial, which is why we will be closely following DFFSL's rulemaking process, as well as the creation of the distribution plan by the State Engineer, once the bill is signed into law.
Because both of these processes will be open to public participation, we encourage you to join us in our oversight.
HB 513 (2023)
At Great Salt Lake, evaporative mineral extraction is a consumptive, expansive, and lucrative industry. Operating on state lands, the Lake’s mineral extraction companies are subject to regulation by multiple state agencies. They hold vast water rights and operate under a lease and royalty agreement with the Utah Division of Forestry, Fire, and State Lands (DFFSL).
HB513, sponsored by Rep. Casey Snider and passed at the end of the 2023 state legislative session, imposes new, stronger requirements for those regulations, and DFFSL and the Utah Division of Water Quality (DWQ) are now drafting new rules to implement those requirements.
Read more about the implementation of HB513 in this article from KSL.com & Great Salt Lake Collaborative: 'They're supposed to put it all back': How new Utah rules aim to protect Great Salt Lake's water
FRIENDS has been actively engaging in the rulemaking process with DFFSL and DWQ, gathering scientific perspectives and providing input to ensure the agencies’ rules are rigorous enough in examining impacts to the Lake’s chemistry and biota.
We expect the final rules to be posted in the state bulletin and open for public comment in early 2024.
Waterleaf Resources
As state agencies work to define these rules, a new company has submitted an application for the non-consumptive use of 225,000 acre-feet of water annually to supply a proposed lithium operation in the Lake’s North Arm near Robert Smithson's earthwork, Spiral Jetty. Waterleaf Resources, a subsidiary of California-based Lilac Solutions, claims their proprietary technology is water-neutral. They plan to use acid to extract lithium from the Lake’s brine, neutralize the water with alkaline additives, and discharge the water back into the Lake.
Read more about their proposed process in this article from the Salt Lake Tribune & Great Salt Lake Collaborative: New lithium company wants billions of gallons from Great Salt Lake, but says it will put it all back
There are many unanswered questions about the efficacy of this novel technology and its potential impact to the Lake's ecosystem.
Following the finalization of DFFSL and DWQ’s new rules, Waterleaf Resources intends to build a pilot plant on the Lake’s North Arm in 2024. This will be a critical test for the technology’s physical and economic viability and its impact on the Lake.
If successful, non-consumptive mineral extraction could shift the tide for this industry and the Lake. Evaporative mineral extraction is contributing to Great Salt Lake’s decline; current practices are unsustainable for the industry and the ecosystem. With or without lithium, all water users must adapt and conserve.
Our Work
Since 1994, FRIENDS has worked to protect the Lake’s ecosystem by engaging in administrative processes with state agencies, independently verifying scientific claims, and, when necessary, making legal challenges on behalf of the Lake.
With this charge, FRIENDS filed a protest of Waterleaf Resources’ 225,000 acre-ft water right application.
We argue that this application is premature, and it should not be considered until a pilot plant, with its own royalty agreement in place, has demonstrated the technology’s viability and ecological safety.
The State Engineer’s office will make a decision on the water right application following a public hearing on 12/14.
Each of these agency reviews represent an opportunity for public oversight. FRIENDS participates in these administrative processes to ensure they are rigorous in examining impacts to the Lake.
Our General Counsel, Rob Dubuc, and Executive Director, Lynn de Freitas, lead these efforts, fueled by the support of our members. Together, we preserve and protect Great Salt Lake.
