A vital ecological and economic resource in Utah, Great Salt Lake faces unprecedented challenges due to declining water levels. For three decades, FRIENDS of Great Salt Lake has been a staunch advocate for its protection, tirelessly working to preserve this unique ecosystem. As the Lake's health becomes increasingly precarious, we continue to adapt our strategies to address emerging threats. Our recent focus on challenging groundwater appropriations and protesting wastewater reuse applications demonstrates our commitment to achieving comprehensive watershed-based restoration and protection for the Great Salt Lake ecosystem. These efforts are crucial steps towards ensuring the Lake's future and increasing public awareness of its importance.
Challenging Groundwater Rights Applications
In November 2022, Utah Governor Spencer Cox issued a Proclamation "Suspending New Appropriations of Surplus and Unappropriated Waters in the Great Salt Lake Basin." This proclamation, aimed at protecting the declining water levels of Great Salt Lake, covers both surface and groundwater sources feeding the Lake. However, the interpretation and implementation of this proclamation have become a point of contention, leading us to take action.
Unfortunately, the State Engineer has interpreted the protections afforded by the Proclamation as excluding groundwater inflows to Gunnison Bay, also known as the North Arm of Great Salt Lake. This interpretation has resulted in a steady stream of water right applications for new groundwater appropriations pumped from aquifers that feed into the North Arm. We argue that this interpretation is inconsistent with the proclamation's intent and harmful to the Lake's ecosystem.
The importance of groundwater to Great Salt Lake has been dramatically underscored by recent scientific findings. While in the past, the State considered the groundwater contribution to Great Salt Lake to be relatively insignificant – estimated at around 75,000 acre-feet per year – recent studies by the Utah Geological Survey have increased this estimate to 560,000 acre-feet, a staggering 750% increase. This revelation highlights the vital role that groundwater plays in maintaining the Lake's water levels and overall health.
In an effort to protect this essential water source for the Lake and to encourage the State Engineer to interpret the Proclamation correctly, we have begun challenging applications for new groundwater appropriations that we believe violate the provisions of the Proclamation. These challenges are grounded in Utah water law, citing specific statutes such as Utah Code Ann. § 73-3-8, which outlines the criteria for approving water right applications. [Click here] to see an example protest of a Water Right Application.
Our protests meticulously detail why these applications should be rejected, addressing issues such as the lack of unappropriated water in the Great Salt Lake Basin, potential impairment of existing rights, and detriment to public welfare. By challenging these water right applications, we aim to ensure that the intent of the Governor's Proclamation is upheld, and that the critical groundwater sources feeding Great Salt Lake are protected for the benefit of the Lake's unique ecosystem and the communities that depend on it.
Wastewater Reuse Permits
Because Great Salt Lake is a terminal lake, all water going through sewer treatment plants in the Great Salt Lake watershed eventually makes its way to the Lake. As water standards become more stringent for the treatment of discharges from these plants, and as water discharges from the plants become cleaner, municipalities in the Great Salt Lake Basin have begun to look at reusing their discharge water as a source of secondary water, primarily for irrigation. However, because taking all of that water out of the system will have a significant negative impact on the water balance for the Lake, the Wastewater Reuse Act requires these municipalities to file a water replacement plan along with their reuse application.
Unfortunately, most of the municipalities have taken the position that they have a right to reuse the water they discharge from the plants without replacing that water. This stance directly conflicts with recent legislative efforts to protect and preserve Great Salt Lake. The significance of maintaining adequate water in the Lake cannot be overstated, given its essential role in supporting over 10 million migratory birds and its importance to the local ecology and economy.
In response to this situation, we have begun challenging these applications because they lack a replacement plan. To date, we have filed protests on reuse applications totaling more than 150,000 acre-feet. As part of this ongoing work, we have submitted numerous protests to the State Engineer, [Click here] to see an example.
These protests demonstrate our alignment with the Utah State Engineer's interpretation of the statute as requiring a water replacement plan for all applications. This interpretation is consistent with ongoing legislative efforts to protect Great Salt Lake and the substantial investments made by the state to address declining water levels.
By insisting on comprehensive water replacement plans, we aim to ensure that wastewater reuse projects do not undermine ongoing conservation efforts and the long-term health of Great Salt Lake. This approach recognizes the delicate balance between meeting municipal water needs and preserving the unique and vital ecosystem of the Lake for future generations. We will continue to advocate for responsible water management practices that safeguard the future of Great Salt Lake and the countless species and industries that depend on its health.
Ongoing Work
By challenging groundwater appropriations and insisting on responsible wastewater reuse practices, we are working to ensure that the intent of protective legislation is upheld and that the long-term health of Great Salt Lake remains a priority. As water scarcity becomes an increasingly pressing issue in the American West, the actions taken to protect and preserve Great Salt Lake in perpetuity serve as a model for balancing ecological preservation with human needs. Our ongoing efforts highlight the critical importance of informed, proactive stewardship in safeguarding this hemispheric treasure for future generations.