11-65-203.  Policies and objectives of the lake authority — Additional duties of the lake authority.

(1)  The policies and objectives of the lake authority are to:

Terms Used In Utah Code 11-65-203

(a) defined by recorded boundary settlement agreements between private landowners and the Division of Forestry, Fire, and State Lands; and
(b) that separates privately owned land from Utah Lake sovereign land. See Utah Code 11-65-101
  • Land: includes :Utah Code 68-3-12.5
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • 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)  protect and improve:

    (i)  the quality of Utah Lake‘s water, consistent with the Clean Water Act, 33 U.S.C. § 1251 et seq., and Title 19, Chapter 5, Water Quality Act;

    (ii)  the beneficial and public trust uses of Utah Lake;

    (iii)  Utah Lake’s environmental quality; and

    (iv)  the quality of Utah Lake’s lakebed and sediments;

    (b)  enhance the recreational opportunities afforded by Utah Lake;

    (c)  enhance long-term economic benefits to the area, the region, and the state;

    (d)  respect and maintain sensitivity to the unique natural environment of areas in and around the lake authority boundary;

    (e)  improve air quality and minimize resource use;

    (f)  comply with existing land use and other agreements and arrangements between property owners and applicable governmental authorities;

    (g)  promote and encourage management and uses that are compatible with or complement the public trust and uses in areas in proximity to Utah Lake;

    (h)  take advantage of Utah Lake’s strategic location and other features that make Utah Lake attractive:

    (i)  to residents for recreational purposes;

    (ii)  for tourism and leisure; and

    (iii)  for business opportunities;

    (i)  encourage the development and use of cost-efficient renewable energy in project areas;

    (j)  as consistent with applicable public trust, support and promote land uses on land within the lake authority boundary and land in adjacent political subdivisions that generate economic development, including rural economic development;

    (k)  respect and not interfere with water rights or the operation of water facilities or water projects associated with Utah Lake;

    (l)  respect and maintain sensitivity to the unique Native American history, historical sites, and artifacts within and around the lake authority boundary; and

    (m)  protect the ability of the Provo airport to operate and grow, consistent with applicable environmental regulations, recognizing the significant state investment in the airport and the benefits that a thriving airport provides to the quality of life and the economy.

    (2)  In fulfilling the lake authority’s duties and responsibilities relating to the management of Utah Lake and to achieve and implement the management policies and objectives under Subsection (1), the lake authority shall:

    (a)  work to identify funding sources, including federal, state, and local government funding and private funding, for capital improvement projects in and around Utah Lake;

    (b)  review and identify land use and zoning policies and practices to recommend to land use policymakers and administrators of adjoining municipalities that are consistent with and will help to achieve the policies and objectives stated in Subsection (1);

    (c)  consult and coordinate with other applicable governmental entities to improve and enhance transportation and other infrastructure and facilities in order to maximize the potential of Utah Lake to attract, retain, and service users who will help enhance the long-term economic benefit to the state; and

    (d)  pursue policies that the board determines are designed to avoid or minimize negative environmental impacts of management.

    (3)  The lake authority shall respect:

    (a)  a permit issued by a governmental entity applicable to Utah Lake;

    (b)  a governmental entity’s easement or other interest affecting Utah Lake;

    (c)  an agreement between governmental entities, including between a state agency and the federal government, relating to Utah Lake; and

    (d)  the public trust doctrine as applicable to land within the lake authority boundary.

    (4) 

    (a)  The lake authority may use lake authority money to encourage, incentivize, fund, or require development that:

    (i)  mitigates noise, air pollution, light pollution, surface and groundwater pollution, and other negative environmental impacts;

    (ii)  includes building or project designs that minimize negative impacts to the June Sucker, avian species, and other wildlife;

    (iii)  mitigates traffic congestion; or

    (iv)  uses high efficiency building construction and operation.

    (b)  In consultation with the municipality in which management is expected to occur and applicable state agencies, the lake authority shall establish minimum mitigation and environmental standards for management occurring on land within the lake authority boundary.

    Enacted by Chapter 59, 2022 General Session