Adjacent political subdivision: means a political subdivision of the state with a boundary that abuts the lake authority boundary or includes lake authority land. See Utah Code 11-65-101
Contract: A legal written agreement that becomes binding when signed.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Management: means work to coordinate and facilitate the improvement of Utah Lake, including work to enhance the long-term viability and health of Utah Lake and to produce economic, aesthetic, recreational, environmental, and other benefits for the state, consistent with the strategies, policies, and objectives described in this chapter. See Utah Code 11-65-101
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Personal property: All property that is not real property.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Project area: means an area that is identified in a project area plan as the area where the management described in the project area plan will occur. See Utah Code 11-65-101
the state, including each department, division, or other agency of the state; or
(b)
a county, city, town, metro township, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state. See Utah Code 11-65-101
Sovereign land: means land:
(a)
lying below the ordinary high water mark of a navigable body of water at the date of statehood; and
(b)
owned by the state by virtue of the state's sovereignty. See Utah Code 11-65-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Utah Lake: includes all waters of Utah Lake and all land, whether or not submerged under water, within the lake authority boundary. See Utah Code 11-65-101
(a)
The lake authority has land use authority over publicly owned land within the lake authority boundary.
(b)
The lake authority shall work with other government entities with jurisdiction over sovereign land and the watershed affecting Utah Lake water to improve the quality of water flowing into and out of Utah Lake, subject to and consistent with Title 19, Environmental Quality Code, and Title 73, Water and Irrigation.
(c)
The lake authority may make recommendations and provide advice to an adjacent political subdivision relating to issues affecting both the lake authority and the adjacent political subdivision.
(d)
The lake authority has no jurisdictional control or power over:
(i)
another political subdivision, except as provided in an agreement between the lake authority and the other political subdivision;
(ii)
the regulation of water quality;
(iii)
water rights;
(iv)
water collection, storage, or delivery;
(v)
a project for water collection, storage, or delivery; and
(vi)
water facilities that the lake authority does not own.
(2)
The lake authority may coordinate the efforts of all applicable state and local government entities, property owners, owners of water rights, and other private parties, and other stakeholders to:
(a)
develop and implement a management plan for Utah Lake, including:
(i)
an environmental sustainability component, developed in conjunction with the Department of Environmental Quality and the Division of Wildlife Resources incorporating strategies and best management practices to meet applicable federal and state standards, including:
(A)
water quality monitoring and reporting; and
(B)
strategies that use the best available technology and practices to mitigate environmental impacts from management and uses on Utah Lake;
(ii)
strategies that enhance the aesthetic qualities and recreational use and enjoyment of Utah Lake; and
(iii)
strategies that enhance economic development in communities adjacent to Utah Lake;
(b)
plan and facilitate the management of Utah Lake uses; and
(c)
manage any land owned or leased by the lake authority that is not sovereign land.
(3)
The lake authority has primary responsibility and authority for the management of Utah Lake, subject to and in accordance with this chapter.
(4)
The lake authority may:
(a)
engage in education efforts to encourage and facilitate:
(i)
the improvement of water and environmental quality;
(ii)
the use of Utah Lake for recreation;
(iii)
the improvement of economic development on Utah Lake; and
(iv)
other management of Utah Lake consistent with the policies and objectives described in Subsection (2);
(b)
facilitate and provide funding for the management of Utah Lake, including the development of publicly owned infrastructure and improvements and other infrastructure and improvements on or related to Utah Lake;
(c)
engage in marketing activities and efforts to encourage and facilitate management of Utah Lake;
(d)
as determined by the board appropriate to accomplish or further the policies and objectives described in Subsection (2):
(i)
take all necessary actions to acquire any grants or other available funds from federal or other governmental or private entities, including providing matching funds;
(ii)
award grants of lake authority funds; or
(iii)
provide waivers of financial obligations to the lake authority;
(e)
as the lake authority considers necessary or advisable to carry out any of the lake authority’s duties or responsibilities under this chapter:
(i)
buy, obtain an option upon, or otherwise acquire any interest in real or personal property;
(ii)
sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real property that is not sovereign land or any interest in personal property; or
(iii)
enter into a lease agreement on real or personal property, either as lessee or lessor;
(f)
sue and be sued;
(g)
enter into contracts generally;
(h)
provide funding for the development of publicly owned infrastructure and improvements or other infrastructure and improvements on or related to Utah Lake;
(i)
exercise powers and perform functions under a contract, as authorized in the contract;
(j)
accept financial or other assistance from any public or private source for the lake authority’s activities, powers, and duties, and expend any funds so received for any of the purposes of this chapter;
(k)
borrow money, contract with, or accept financial or other assistance from the federal government, a public entity, or any other source for any of the purposes of this chapter and comply with any conditions of the loan, contract, or assistance;
transact other business and exercise all other powers provided for in this chapter;
(o)
engage one or more consultants to advise or assist the lake authority in the performance of the lake authority’s duties and responsibilities;
(p)
work with adjacent political subdivisions and neighboring property owners and communities to mitigate potential negative impacts from the management of Utah Lake;
(q)
help to facilitate development in a municipality or community reinvestment agency whose boundary abuts the lake authority boundary if the development also benefits the lake authority or the management of Utah Lake;
(r)
subject to Subsection (5)(a), manage one or more marina facilities if the lake authority considers the lake authority managing the marina facility to be necessary or desirable;
(s)
subject to Subsection (5)(b), own and operate publicly owned infrastructure and improvements in a project area outside the lake authority land; and
(t)
exercise powers and perform functions that the lake authority is authorized by statute to exercise or perform.
(5)
(a)
Notwithstanding Subsection (4)(r), the lake authority may not interfere with or replace the management of a privately operated marina.
(b)
Notwithstanding Subsection (4)(s), the lake authority may not provide service through publicly owned infrastructure and improvements to an area outside the lake authority boundary.
(c)
The lake authority may not impair or affect:
(i)
a right to store, use, exchange, release, or deliver water under a water right and associated contract; or
(ii)
a project or facility to store, release, and deliver water.
(6)
The lake authority may consult, coordinate, enter into agreements, or engage in mutually beneficial projects or other activities with a municipality, community reinvestment agency, or adjacent political subdivision, as the board considers appropriate.
(7)
The lake authority shall:
(a)
no later than December 31, 2022, prepare an accurate digital map of the lake authority boundary, subject to any later changes to the boundary enacted by the Legislature; and
(b)
maintain the digital map of the lake authority boundary that is easily accessible by the public.
(8)
(a)
The lake authority may establish a community enhancement program designed to address the impacts that management or uses within the lake authority boundary have on adjacent communities.
(b)
(i)
The lake authority may use lake authority money to support the community enhancement program and to pay for efforts to address the impacts described in Subsection (8)(a).
(ii)
Lake authority money designated for use under Subsection (8)(b)(i) is exempt from execution or any other process in the collection of a judgment against or debt or other obligation of the lake authority arising out of the lake authority’s activities with respect to the community enhancement program.
(c)
On or before October 31, 2023, the lake authority shall report on the lake authority’s actions under this Subsection (8) to the Natural Resources, Agriculture, and Environment Interim Committee of the Legislature.
