Effective 7/1/2023

11-65-206.  Applicability of other law — Cooperation of state and local governments — Authority of other agencies not affected — Attorney general to provide legal services.

(1)  The lake authority is subject to and governed by Sections 63E-2-106, 63E-2-107, 63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed by Title 63E, Independent Entities Code.

Terms Used In Utah Code 11-65-206 v2

(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
  • Process: means a writ or summons issued in the course of a judicial proceeding. 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
    • (2)  A department, division, or other agency of the state and a political subdivision of the state is encouraged, upon the board‘s request, to cooperate with the lake authority to provide the support, information, or other assistance reasonably necessary to help the lake authority fulfill the lake authority’s duties and responsibilities under this chapter.

    (3)  Nothing in this chapter may be construed to affect or impair:

    (a)  the authority of the Department of Environmental Quality, created in Section 19-1-104, to regulate under Title 19, Environmental Quality Code, consistent with the purposes of this chapter; or

    (b)  the authority of the Division of Wildlife Resources, created in Section 23A-2-201, to regulate under Title 23A, Wildlife Resources Act, consistent with the purposes of this chapter.

    (4)  In accordance with Utah Constitution, Article XVII, Section 1, nothing in this chapter may be construed to override, supersede, interfere with, or modify:

    (a)  any water right in the state;

    (b)  the operation of a water facility or project; or

    (c)  the role or authority of the state engineer.

    (5) 

    (a)  Except as otherwise explicitly provided, nothing in this chapter may be construed to authorize the lake authority to interfere with or take the place of another governmental entity in that entity’s process of considering an application or request for a license, permit, or other regulatory or governmental permission for an action relating to water of Utah Lake or land within the lake authority boundary.

    (b)  The lake authority shall respect and, if applicable and within the lake authority’s powers, implement a license, permit, or other regulatory or governmental permission described in Subsection (5)(a).

    (6)  Nothing in this chapter may be construed to allow the authority to:

    (a)  consider an application for the disposal of land within the lake authority boundary under Title 65A, Chapter 15, Utah Lake Restoration Act; or

    (b)  issue bonding or other financing for a project under Title 65A, Chapter 15, Utah Lake Restoration Act.

    (7)  The attorney general shall provide legal services to the board.

    Amended by Chapter 34, 2023 General Session

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