This document includes House Committee Amendments incorporated into the bill on Thu, Feb 24, 2022 at 9:08 AM by pflowers.
This document includes House Floor Amendments incorporated into the bill on Thu, Feb 24, 2022 at 7:12 PM by lfindlay.



Chief Sponsor: Kelly B. Miles

Senate Sponsor: Scott D. Sandall


8     General Description:
9          This bill addresses state actions related to the Great Salt Lake.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts provisions requiring the Division of Water Resources to develop the Great
13     Salt Lake Watershed Integrated Water Assessment, including:
14               •     defining terms;
15               •     providing for what the integrated water assessment may include;
16               •     addressing how the integrated water assessment is to be developed and
17     implemented, including the creation of a work plan;
18               •     requiring reporting; and
19               •     requiring a study of the impact of certain best management practices associated
20     with post-construction retention storm water permit requirements on the water
21     budget of the Great Salt Lake.
22     Money Appropriated in this Bill:
23          This bill appropriates in fiscal year 2023:
24          ▸     to the Department of Natural Resources -- Water Resources, as a one-time
25     appropriation:
26               •     from General Fund, $5,000,000.
27     Other Special Clauses:

28          None
29     Utah Code Sections Affected:
30     ENACTS:
31          73-10g-401, Utah Code Annotated 1953
32          73-10g-402, Utah Code Annotated 1953
33          73-10g-403, Utah Code Annotated 1953
34          73-10g-404, Utah Code Annotated 1953
35          73-10g-405, Utah Code Annotated 1953

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 73-10g-401 is enacted to read:
Part 4. Great Salt Lake Watershed Integrated Water Assessment

40          73-10g-401. Definitions.
41          As used in this part:
42          (1) "Great Salt Lake watershed" means the area comprised of the Great Salt Lake, the
43     Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber River
44     watershed, and the West Desert watershed.
45          (2) "Integrated water assessment" means an integrated surface and ground water
46     assessment for the Great Salt Lake watershed developed under Section 73-10g-402.
47          (3) "Work plan" means the plan developed under Section 73-10g-403 to develop and
48     implement an integrated water assessment.
49          Section 2. Section 73-10g-402 is enacted to read:
50          73-10g-402. Development of an integrated water assessment.
51          (1) The division shall develop and implement an integrated surface and ground water
52     assessment for the Great Salt Lake watershed.
53          (2) The integrated water assessment may in relationship with the Great Salt Lake
54     watershed:
55          (a) provide an assessment of the amounts and quality of available water resources;
56          (b) assess and forecast the quantity of water available for human, agricultural,
57     economic development, and environmental or instream uses, and ecological needs, including:
58          (i) current and future water supply and demand and the factors that influence

59     availability;
60          (ii) long-term trends in water availability and the causes of those trends; and
61          (iii) seasonal and decadal forecasts of availability;
62          (c) investigate the potential benefits of forest management and watershed restoration
63     in:
64          (i) improving snowpack retention;
65          (ii) increasing soil moisture;
66          (iii) sustaining river flows in low flow seasons;
67          (iv) mitigating wildfire risk; and
68          (v) improving water quality;
69          (d) coordinate an effort to:
70          (i) quantify the amount of water and water quality needed to sustain high priority
71     ecological sites in rivers, riparian, wetland, and lake systems; and
72          (ii) incorporate the water demand into the water supply and demand model;
73          (e) identify and evaluate best management practices that may be used to provide a
74     reliable water supply that:
75          (i) meet water quality objectives;
76          (ii) meet agriculture water objectives;
77          (iii) accommodate anticipated growth and economic development; and
78          (iv) provide adequate flow to sustain the Great Salt Lake, the Great Salt Lake's
79     wetlands, and other ecological functions in the Great Salt Lake's watershed; and
80          (f) address other matters identified in the work plan.
81          (3) The integrated water assessment shall include a water budget for the Great Salt
82     Lake and the Great Salt Lake's associated wetlands, including water flows needed to maintain
83     different lake levels under different scenarios, taking into consideration water quality,
84     ecological needs, economic benefits, and public health benefits of the Great Salt Lake.
85          (4) In developing and implementing the integrated water assessment, the division shall:
86          (a) consult and coordinate with other state, local, regional, and federal governmental
87     entities, water users, and other stakeholders; and
88          (b) coordinate with, and where appropriate, consider or incorporate other planning
89     efforts, assessments, studies, or reports relevant to the Great Salt Lake watershed.

90          Section 3. Section 73-10g-403 is enacted to read:
91          73-10g-403. Work plan.
92          (1) (a) By no later than November 30, 2023, and before developing the integrated water
93     assessment under Section 73-10g-402, the division shall create a plan for developing and
94     implementing the integrated water assessment.
95          (b) In creating the work plan, the division shall consult with the entities described in
96     Subsection 73-10g-402 Ĥ→ [
(3)] (4) ←Ĥ (a).
97          (2) The work plan shall include in relationship to the Great Salt Lake watershed:
98          (a) a synthesis of available information, literature, and data, and an assessment of
99     scientific, technical, measurement, and other informational needs, relating to:
100          (i) water quantity, water quality, water use, and water demand;
101          (ii) improving quantification and quality of data for:
102          (A) surface and groundwater water diversions;
103          (B) depletions; and
104          (C) return flow;
105          (iii) developing, downscaling, or otherwise updating models and assessment tools to
106     improve understanding of water supply, water use, and water availability;
107          (iv) understanding changing watershed conditions, including changes in climate,
108     evapotranspiration, and other water supply vulnerabilities; and
109          (v) other matters as the division determines to be appropriate; and
110          (b) a description of how the work plan shall be implemented to address the needs
111     described in Subsection (2)(a), including:
112          (i) prioritize proposed activities, such as monitoring data infrastructure needs, studies,
113     analyses, and development of tools necessary to implement the integrated water assessment;
114          (ii) an implementation schedule, with completion of an integrated water assessment by
115     no later than November 30, 2026;
116          (iii) recommendations and a cost assessment for the implementation of the work plan;
117          (iv) public engagement process;
118          (v) an agreed approach to facilitate integrated watershed management and coordination
119     across local, state, and federal agencies; and
120          (vi) other matters as the division determines to be appropriate.

121          Section 4. Section 73-10g-404 is enacted to read:
122          73-10g-404. Completion of integrated water assessment -- Reporting and
123     publishing.
124          (1) The division shall complete the integrated water assessment by no later than
125     November 30, 2026.
126          (2) (a) The division shall report at least annually on the progress and findings from the
127     integrated water assessment to:
128          (i) the Natural Resources, Agriculture, and Environment Interim Committee;
129          (ii) the Legislative Water Development Commission; and
130          (iii) the Great Salt Lake Advisory Council.
131          (b) The division shall publish a report provided under Subsection (2)(a) on the
132     division's website.
133          (3) The division shall publish a final report on an integrated water assessment by no
134     later than December 31, 2027.
135          Section 5. Section 73-10g-405 is enacted to read:
136          73-10g-405. Great Salt Lake related post-construction storm water management.
137          (1) As used in this section:
138          (a) "Storm water" means the same as that term is defined in Section 19-5-108.5.
139          (b) "Storm water permit" means the same as that term is defined in Section 19-5-108.5.
140          (2) (a) As part of the integrated water assessment, the division shall study the impact of
141     low impact development best management practices associated with post-construction
142     retention storm water permit requirements on the water budget of the Great Salt Lake.
143          (b) As part of the study under this section, the division shall:
144          (i) coordinate with the Division of Water Quality; and
145          (ii) when appropriate, seek information from the United States Environmental
146     Protection Agency.
146a          Ĥ→ (3) Notwithstanding Section 73-10g-404, the division shall complete the study
146b     required by this section and issue a final report to the Natural Resources, Agriculture, and
146c     Environment Interim Committee by no later than the November 2023 interim meeting of the
146d     Natural Resources, Agriculture, and Environment Interim Committee. ←Ĥ
147          Section 6. Appropriation.
148          The following sums of money are appropriated for the fiscal year beginning July 1,
149     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
150     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
151     Act, the Legislature appropriates the following sums of money from the funds or accounts

152     indicated for the use and support of the government of the state of Utah.
153     ITEM 1
154          To Department of Natural Resources -- Water Resources
155               From General Fund, One-time

156               Schedule of Programs:
157                     Ĥ→ [
Water Resources] Planning ←Ĥ      $5,000,000
158          The Legislature intends that the Division of Water Resources use this one-time
159     appropriation to develop and implement an integrated surface and ground water assessment for
160     the Great Salt Lake watershed required by Title 73, Chapter 10g, Part 4, Great Salt Lake
161     Watershed Integrated Water Assessment, enacted in this bill. The appropriation is nonlapsing.