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H.C.R. 1 Enrolled

             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.


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