Enrolled Copy S.B. 242
1 UTAH LAKE MODIFICATIONS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell House Sponsor: Brady Brammer
2
3 LONG TITLE
4 General Description:
5 This bill addresses Utah Lake.
6 Highlighted Provisions:
7 This bill:
8 ▸ repeals the Utah Lake Restoration Act;
9 ▸ repeals the provisions related to the Utah Lake Diking Project; and
10 ▸ makes technical and conforming changes.
11 Money Appropriated in this Bill:
12 None
13 Other Special Clauses:
14 None
15 Utah Code Sections Affected:
16 AMENDS:
17 11-65-206, as last amended by Laws of Utah 2023, Chapter 34
18 REPEALS:
19 65A-15-101, as enacted by Laws of Utah 2018, Chapter 381
20 65A-15-102, as enacted by Laws of Utah 2018, Chapter 381
21 65A-15-103, as enacted by Laws of Utah 2018, Chapter 381
22 65A-15-201, as last amended by Laws of Utah 2022, Chapter 60
23 65A-15-202, as enacted by Laws of Utah 2018, Chapter 381
24 73-12-1, Utah Code Annotated 1953
25 73-12-2, Utah Code Annotated 1953
26 73-12-3, Utah Code Annotated 1953
27 73-12-4, Utah Code Annotated 1953
28
S.B. 242 Enrolled Copy
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 11-65-206 is amended to read:
31 11-65-206 . Applicability of other law -- Cooperation of state and local
32 governments -- Authority of other agencies not affected -- Attorney general to provide
33 legal services.
34 (1) The lake authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
35 63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or
36 governed by Title 63E, Independent Entities Code.
37 (2) A department, division, or other agency of the state and a political subdivision of the
38 state is encouraged, upon the board's request, to cooperate with the lake authority to
39 provide the support, information, or other assistance reasonably necessary to help the
40 lake authority fulfill the lake authority's duties and responsibilities under this chapter.
41 (3) Nothing in this chapter may be construed to affect or impair:
42 (a) the authority of the Department of Environmental Quality, created in Section
43 19-1-104, to regulate under Title 19, Environmental Quality Code, consistent with
44 the purposes of this chapter; or
45 (b) the authority of the Division of Wildlife Resources, created in Section 23A-2-201, to
46 regulate under Title 23A, Wildlife Resources Act, consistent with the purposes of this
47 chapter.
48 (4) In accordance with Utah Constitution, Article XVII, Section 1, nothing in this chapter
49 may be construed to override, supersede, interfere with, or modify:
50 (a) any water right in the state;
51 (b) the operation of a water facility or project; or
52 (c) the role or authority of the state engineer.
53 (5) (a) Except as otherwise explicitly provided, nothing in this chapter may be construed
54 to authorize the lake authority to interfere with or take the place of another
55 governmental entity in that entity's process of considering an application or request
56 for a license, permit, or other regulatory or governmental permission for an action
57 relating to water of Utah Lake or land within the lake authority boundary.
58 (b) The lake authority shall respect and, if applicable and within the lake authority's
59 powers, implement a license, permit, or other regulatory or governmental permission
60 described in Subsection (5)(a).
61 [(6) Nothing in this chapter may be construed to allow the authority to:]
62 [(a) consider an application for the disposal of land within the lake authority boundary
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Enrolled Copy S.B. 242
63 under Title 65A, Chapter 15, Utah Lake Restoration Act; or]
64 [(b) issue bonding or other financing for a project under Title 65A, Chapter 15, Utah Lake
65 Restoration Act.]
66 [(7)] (6) The attorney general shall provide legal services to the board.
67 Section 2. Repealer.
68 This bill repeals:
69 Section 65A-15-101, Title.
70 Section 65A-15-102, Definitions.
71 Section 65A-15-103, Legislative findings.
72 Section 65A-15-201, Division recommendation on disposal of state land in exchange for
73 Utah Lake restoration project -- Approval of Legislature and governor required --
74 Criteria -- Division recommendations for defining and meeting objectives.
75 Section 65A-15-202, Status of state lands after a change in ownership.
76 Section 73-12-1, Governor authorized to convey to the United States lands or interests in
77 said lands in bed of or on margin of Utah Lake.
78 Section 73-12-2, Manner of executing and attesting deeds.
79 Section 73-12-3, Description of land.
80 Section 73-12-4, Purposes for which land is to be used.
81 Section 3. Effective date.
82 This bill takes effect on May 1, 2024.
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Statutes affected:
Introduced: 11-65-206
Enrolled: 11-65-206