H.C.R. 1

1

CONCURRENT RESOLUTION APPROVING THE
2 INTERLOCAL AGREEMENT CREATING THE
3 UTAH LAKE COMMISSION
4 2007 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Stephen D. Clark
7 Senate Sponsor: Curtis S. Bramble
8
9 LONG TITLE
10 General Description:
11 This concurrent resolution of the Legislature and the Governor approves the state's
12 participation in the Interlocal Agreement establishing the Utah Lake Commission.
13 Highlighted Provisions:
14 This resolution:
15 . approves the state's participation in the Interlocal Cooperation Agreement
16 Establishing the Utah Lake Commission that requires the state to pay 35% of the
17 commission's budget.
18 Special Clauses:
19 None
20
21 Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
22 WHEREAS, the Interlocal Cooperation Agreement Establishing the Utah Lake
23 Commission, hereafter Agreement, is an agreement between the Department of Natural
24 Resources, the Department of Environmental Quality, the Central Utah Water Conservancy
25 District, Utah County, and municipalities located within Utah County;
26 WHEREAS, the Agreement is entered into by the members in order to develop and
27 implement comprehensive management plans for Utah Lake and its shoreline; to encourage and

28 promote multiple uses of Utah Lake; to conserve and protect Utah Lake's natural resources; to
29 maintain and develop recreation access to Utah Lake; and monitor and promote responsible
30 economic development activities around Utah Lake;
31 WHEREAS, the participants in the Agreement are enthusiastic about cooperating on
32 and coordinating decisions about Utah Lake's future;
33 WHEREAS, the Governing Board of the Utah Lake Commission would consist of a
34 member of the Legislature whose district includes Utah County residents, a representative of
35 the Department of Natural Resources, a representative of the Division of Forestry, Fire and
36 State Lands, a representative of the Department of Environmental Quality, a representative of
37 the Central Utah Water Conservancy District, an elected official of Utah County, and an
38 elected official of each Utah County municipality who is a signatory to the Agreement;
39 WHEREAS, the state should be a party to any ongoing dialogue and involvement in
40 Utah Lake's future and its development and be at the forefront of input and planning, therefore
41 by participating in the Agreement the state is required under the terms of the Agreement to
42 contribute 35% to the Utah Lake Commission's annual budget;
43 WHEREAS, a two-thirds vote of the Utah Lake Commission's members may modify
44 the amount of money the state or other members are required to contribute to the Utah Lake
45 Commission's annual budget, which change would not take effect until the beginning of a new
46 budget year;
47 WHEREAS, the Department of Natural Resources and the Department of
48 Environmental Quality have a desire and obligation to help the Utah Lake Commission succeed
49 and will work diligently to find grants and funding sources other than from the General Fund;
50 WHEREAS, the Agreement also provides that the Department of Natural Resources,
51 the Department of Environmental Quality, or both departments may withdraw if the
52 department's financial obligations to the Utah Lake Commission are current; the executive
53 director of the department gives a year's notice of its intent to withdraw; and the withdrawal
54 does not materially adversely affect any project or bonds previously approved by the Utah Lake
55 Commission;
56 WHEREAS, withdrawal by the Department of Natural Resources, the Department of
57 Environmental Quality, or both departments does not relieve the state's obligation to pay its
58 share of obligations, indebtedness, and liabilities incurred before the withdrawal;

59 WHEREAS, Title 11, Chapter 13, Interlocal Cooperation Act, requires the director of a
60 department or a division of the state to approve an interlocal agreement; and
61 WHEREAS, the Utah Legislature understands by the Department of Natural Resources
62 and the Department of Environmental Quality entering into this Agreement that the
63 expenditure of state funds will be required as provided by this Agreement:
64 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
65 Governor concurring therein, approves the Department of Natural Resources and the
66 Department of Environmental Quality entering into the Interlocal Cooperation Agreement
67 Establishing the Utah Lake Commission.




Legislative Review Note
as of 1-17-07 2:03 PM

Office of Legislative Research and General Counsel