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Senate passes Utah Lake Authority after extended debate over wetlands protections

March 01, 2022 | 2022 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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Senate passes Utah Lake Authority after extended debate over wetlands protections
The Utah Senate narrowly approved second substitute House Bill 232, creating a Utah Lake Authority to coordinate restoration and management of Utah Lake, after extended floor debate over whether a proposed amendment should bar dredging, draining or leasing of historic shallow-water duck marshes.

Senator McCall, the Senate sponsor, presented the bill as a step to give the lake “something stronger” than the existing commission, saying Utah Lake has persistent problems — including toxic algae blooms — and needs a better-funded, coordinated response. “We need authority,” McCall said in floor remarks urging support for the measure.

Senator Weiler offered Amendment 2 to the substitute that would have instructed the authority’s management plan to exclude dredging, draining or leasing in certain sensitive shallow-water areas used historically by duck hunters. “The amendment … provides that the dredging, draining or leasing of some, duck areas, sensitive duck areas in shallow water … not be disturbed by a management plan,” Weiler said, arguing the change would protect habitat that has been used for more than a century.

Opponents of the amendment, including Senator Bramble and several others, warned that a categorical ban could remove useful mitigation tools for restoration projects and tie the hands of scientists and managers. “Why would we tie their hands with this amendment? Let the experts do their work,” Bramble said on the floor, urging senators to preserve the authority’s flexibility to develop comprehensive management plans in consultation with DEQ and the Division of Wildlife Resources.

Senators debated several procedural motions, a motion to circle for negotiation, and the amendment itself. The motion to circle to allow further negotiation briefly carried but was then reconsidered; ultimately the amendment did not pass. Under suspension of the rules the Senate then voted to pass the second substitute House Bill 232. The transcript records the final tally for the bill as 20 yea votes, 8 nay votes and 1 absent.

The bill designates a lake authority with duties to coordinate state and local entities, property owners, water-rights holders and other stakeholders to develop and implement a management plan and allocates initial funding for the authority’s work. Sponsors emphasized the authority is not a funding vehicle for any single private project and, as presented on the floor, the text prohibits bonding for island or similar projects.

Next steps: the bill, as passed by the Senate, will be returned to the House for further consideration and any adjustments required by negotiations between chambers.

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