Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 446 (2025GS)

Sponsor

Rep. Koford, Jill

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies metalliferous compounds for purposes of severance tax issues;
• addresses an exception from procurement provisions;
• modifies requirements related to a feasibility assessment for activities on the Great Salt Lake;
• changes provision related to adaptive management berms;
• addresses powers and duties of the Great Salt Lake Commissioner; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

26
59-5-203
63G-6a-107.6
65A-6-4
65A-17-201
73-32-101
73-32-202
59-5-203
63G-6a-107.6
65A-6-4
65A-17-201
73-32-101
73-32-202
0
Great Salt Lake Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jill Koford
Senate Sponsor: Scott D. Sandall
LONG TITLE
General Description:
This bill addresses issues related to the Great Salt Lake.
Highlighted Provisions:
This bill:
clarifies metalliferous compounds for purposes of severance tax issues;
addresses an exception from procurement provisions;
modifies requirements related to a feasibility assessment for activities on the Great Salt 
Lake;
changes provision related to adaptive management berms;
addresses powers and duties of the Great Salt Lake Commissioner; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
59-5-203
, as last amended by Laws of Utah 2024, Chapter 25
63G-6a-107.6
, as last amended by Laws of Utah 2024, Chapters 291, 522
65A-6-4
, as last amended by Laws of Utah 2024, Chapter 25
65A-17-201
, as renumbered and amended by Laws of Utah 2024, Chapter 25
73-32-101
, as enacted by Laws of Utah 2023, Chapter 205
73-32-202
, as enacted by Laws of Utah 2023, Chapter 205
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
59-5-203
 is amended to read:
59-5-203
. Determining taxable value.
(1)
Except as provided in Subsection (3), the basis for computing the gross proceeds, prior 
to those deductions or adjustments specified in this chapter, in determining the taxable 
value of the metals, metalliferous minerals, or metalliferous compounds, as defined in 
Subsection 
59-5-202
(5), sold or otherwise disposed of, in the order of priority, is as 
follows:
(a)
If the metals, metalliferous mineral products, or metalliferous compounds are 
actually sold, the value of those metals, metalliferous mineral products, or 
metalliferous compounds shall be the gross amount the producer receives from that 
sale, provided that the metals, metalliferous mineral products, or metalliferous 
compounds are sold under a bona fide contract of sale between unaffiliated parties. 
In the case of a sale of uranium concentrates, gross proceeds shall be the gross 
amount the producer receives from the sale of processed uranium concentrate or 
"yellowcake," provided that the uranium concentrate is sold under a bona fide 
contract of sale between unaffiliated parties.
(b)
(i)
For purposes of a Great Salt Lake extraction operator, as defined in Section 
59-5-202
, if metals, metalliferous minerals, or metalliferous compounds are not 
sold, but are otherwise disposed of, the gross proceeds shall be the multiple of the 
recoverable units of finished or unfinished metals, or of the finished or unfinished 
metals contained in the metalliferous minerals or metalliferous compounds 
shipped, and the average daily price per unit of contained metals as quoted by an 
established authority for market prices of metals for the period during which the 
tax imposed by this chapter is due.
(ii)
The established authority or authorities under this Subsection (1)(b) shall be 
designated by the commission by rule adopted in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act.
(c)
(i)
If the metals, metalliferous mineral products, or metalliferous compounds are 
not actually sold but are shipped, transported, or delivered out of state, the gross 
proceeds shall be the multiple of the recoverable units of finished metals, or of the 
finished metals contained in the metalliferous minerals or metalliferous 
compounds shipped, and the average daily price per unit of contained metals as 
quoted by an established authority for market prices of metals for the period 
during which the tax imposed by this chapter is due. 
(ii)
 The established authority or authorities shall be designated by the commission by 
rule adopted in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act.
(d)
In the case of metals, metalliferous minerals, or metalliferous compounds not sold, 
but otherwise disposed of, for which there is no established authority for market 
prices of metals for the period during which the tax imposed by this chapter is due, 
gross proceeds is determined by allocating to the state the same proportion of the 
producer's total sales of metals, metalliferous minerals, or metalliferous compounds 
sold or otherwise disposed of as the producer's total Utah costs bear to the total costs 
associated with sale or disposal of the metal
 or
,
 metalliferous mineral
.
, or 
metalliferous compound.
(e)
In the event of a sale of metals, metalliferous minerals, or metalliferous compounds 
between affiliated companies which is not a bona fide sale because the value received 
is not proportionate to the fair market value of the metals, metalliferous minerals, 
metalliferous compounds or in the event that Subsection (1)(a), (b), (c), or (d) are not 
applicable, the commission shall determine the value of such metals, metalliferous 
minerals, or metalliferous compounds in an equitable manner by reference to an 
objective standard as specified in a rule adopted in accordance with the provisions of 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
For all metals except beryllium, the taxable value of the metalliferous mineral sold or 
otherwise disposed of is 30% of the gross proceeds received for the metals sold or 
otherwise disposed of by the producer of the metal.
(3)
Notwithstanding Subsection (1) or (4), the taxable value of beryllium sold or otherwise 
disposed of by the producer of the beryllium is equal to 125% of the direct mining costs 
incurred in mining the beryllium.
(4)
Except as provided in Subsection (3), if the metalliferous mineral sold or otherwise 
disposed of is sold or shipped out of state in the form of ore, then the taxable value is 
80% of the gross proceeds.
Section 2, Section 
63G-6a-107.6
 is amended to read:
63G-6a-107.6
. Exemptions from chapter.
(1)
Except for this Subsection (1), 
the provisions of this chapter do
this chapter does
 not 
apply to:
(a)
a public entity's acquisition of a procurement item from another public entity; or
(b)
a public entity that is not a procurement unit, including the Colorado River Authority 
of Utah as provided in Section 
63M-14-210
.
(2)
Unless otherwise provided by statute and except for this Subsection (2), 
the provisions 
of this chapter do
this chapter does
 not apply to the acquisition or disposal of real 
property or an interest in real property
, including the acquisition or lease of water or 
water rights for the Great Salt Lake
.
(3)
Except for this Subsection (3) and Part 24, Unlawful Conduct and Penalties, 
the 
provisions of this chapter do
this chapter does
 not apply to:
(a)
funds administered under the Percent-for-Art Program of the Utah Percent-for-Art 
Act;
(b)
a grant;
(c)
medical supplies or medical equipment, including service agreements for medical 
equipment, obtained by the University of Utah Hospital or the Department of Health 
and Human Services through a purchasing consortium if:
(i)
the consortium uses a competitive procurement process; and
(ii)
the chief administrative officer of the hospital or the executive director of the 
Department of Health and Human Services, as the case may be, makes a written 
finding that the prices for purchasing medical supplies and medical equipment 
through the consortium are competitive with market prices;
(d)
the purchase of firefighting supplies or equipment by the Division of Forestry, Fire, 
and State Lands, created in Section 
65A-1-4
, through the federal General Services 
Administration or the National Fire Cache system;
(e)
supplies purchased for resale to the public; 
(f)
activities related to the management of investments by a public entity granted 
investment authority by law; or
(g)
activities of the Utah water agent appointed under Section 
73-10g-702
.
(4)
This chapter does not supersede the requirements for retention or withholding of 
construction proceeds and release of construction proceeds as provided in Section 
13-8-5
.
(5)
Except for this Subsection (5), 
the provisions of this chapter do
this chapter does
 not 
apply to a procurement unit's hiring a mediator, arbitrator, or arbitration panel member 
to participate in the procurement unit's dispute resolution efforts.
Section 3, Section 
65A-6-4
 is amended to read:
65A-6-4
. Mineral leases -- Multiple leases on same land -- Rentals and royalties 
-- Lease terms -- Great Salt Lake.
(1)
As used in this section:
(a)
"Great Salt Lake element or mineral" means:
(i)
a rare earth element;
(ii)
a trace element or mineral; or
(iii)
a chemical compound that includes a rare earth element or trace element or 
mineral.
(b)
"Operator" means, for purposes of provisions applicable to the extraction of a Great 
Salt Lake element or mineral, a person qualified to do business in the state who is 
pursuing the extraction of a Great Salt Lake element or mineral.
(c)
"Rare earth element" is one of the following ores, minerals, or elements located in 
the brines or the sovereign lands of the Great Salt Lake:
(i)
lanthanum;
(ii)
cerium;
(iii)
praseodymium;
(iv)
neodymium;
(v)
samarium;
(vi)
europium;
(vii)
gadolinium;
(viii)
terbium;
(ix)
dysprosium;
(x)
holmium;
(xi)
erbium;
(xii)
thulium;
(xiii)
ytterbium;
(xiv)
lutetium; and
(xv)
yttrium.
(d)
"Trace element or mineral" means an element or mineral that is located in the brines 
or the sovereign lands of the Great Salt Lake that is not in production by July 1, 2020, 
and for which the state has not received a royalty payment by July 1, 2020.
(2)
(a)
Mineral leases, including oil, gas, and hydrocarbon leases, may be issued for 
prospecting, exploring, developing, and producing minerals covering any portion of 
state lands or the reserved mineral interests of the state.
(b)
(i)
Leases may be issued for different types of minerals on the same land.
(ii)
If leases are issued for different types of minerals on the same land, the leases 
shall include stipulations for simultaneous operations, except that for leases 
related to the Great Salt Lake the leases shall include stipulations for simultaneous 
operations that will not interfere with, impede, limit, or require changes to 
pre-existing rights.
(c)
No more than one lease may be issued for the same resource on the same land.
(d)
The division shall require a separate royalty agreement for extraction of Great Salt 
Lake elements or minerals from brines of the Great Salt Lake when:
(i)
a mineral lease, a royalty agreement, or both that are in effect before the operator 
seeks to extract a particular Great Salt Lake element or mineral do not expressly 
include the right to extract the particular Great Salt Lake element or mineral; or
(ii)
the proposed operation will use brines from the Great Salt Lake, but will not 
occupy sovereign lands for the direct production of Great Salt Lake elements or 
minerals other than for incidental structures such as pumps and intake and outflow 
pipelines.
(3)
(a)
Each mineral lease issued by the division shall provide for an annual rental of not 
less than $1 per acre per year, except that a mineral lease issued by the division 
involving the extraction of a Great Salt Lake element or mineral from brines in the 
Great Salt Lake shall provide for an annual rental of not less than $100 per acre per 
year.
(b)
However, a lease may provide for a rental credit, minimum rental, or minimum 
royalty upon commencement of production, as prescribed by rule.
(4)
The primary term of a mineral lease may not exceed:
(a)
20 years for oil shale and tar sands; and
(b)
10 years for oil and gas and any other mineral.
(5)
(a)
In addition to the requirements of Chapter 17, Part 3, Mineral or Element 
Extraction, and subject to the other provisions of this Subsection (5), for a mineral 
lease or royalty agreement involving the extraction of Great Salt Lake elements and 
minerals from brines in the Great Salt Lake, the division shall ensure that the 
following terms, as applicable, are included:
(i)
an extraction operation or extraction method shall adhere to commercially viable 
technologies that minimize water depletion;
(ii)
a provision authorizing the division to curtail or limit Great Salt Lake element or 
mineral production at any time the condition of the Great Salt Lake reaches the 
emergency trigger, as defined in Section 
65A-17-101
;
(iii)
a provision authorizing the division to withdraw lands, operations, extraction 
methods, or technologies from Great Salt Lake element or mineral production or 
Great Salt Lake element or mineral operations; 
(iv)
a provision allowing the division to require an existing operator to use 
commercially viable, innovative technologies to minimize water depletions caused 
by the planned mineral extraction as a condition of continued operations
if the 
technology:
(A)
has been successfully implemented on a commercial scale in similar 
circumstances;
(B)
has been shown to be economically viable; and
(C)
is reasonably compatible with the operator's overall extraction process; and
(v)
a provision that provides for the reductions of the following after the primary 
term of a mineral lease or royalty agreement:
(A)
the acreage subject to the mineral lease by the acreage the operator does not 
use to extract a Great Salt Lake element or mineral during the primary term of 
the mineral lease under conditions that do not constitute waste, as defined in 
Section 
65A-17-101
; and
(B)
the volume of water that the operator may divert from the Great Salt Lake, by 
the volume of water that the operator does not use during the longer of the 
primary term of the mineral lease or seven years if the operator fails to use the 
volume of water for a beneficial use, except if the failure to use the volume of 
water is as a result of a reduction of water usage under Section 
73-33-201
 or is 
excused under Section 
73-1-4
.
(b)
If under Subsection (5)(a)(iv) the division requires an existing operator to use a 
commercially viable, innovative technology, the division may not require use of a 
technology not yet proven to be commercially viable on the Great Salt Lake and may 
not require implementation of the technology to begin until after a reasonable period 
determined by the division that is at least five years but does not exceed seven years.
(c)
(i)
If the volume of water that the operator may divert from the Great Salt Lake is 
reduced under Subsection (5)(a)(v), the division shall pursue a judicial action to 
declare all or a portion of the water right forfeited under Subsection 
73-1-4
(2).
(ii)
If the division secures the reduction under this Subsection (5)(c), the division 
shall petition the state engineer to order a reversal of the application approval in 
accordance with the terms of the reduction or forfeiture of the water right.
(iii)
Nothing in this Subsection (5) modifies or otherwise affects Section 
73-1-4
 or 
73-3-30
.
(6)
(a)
Before issuing a royalty agreement under Subsection (2)(d), the division may 
require an operator to engage in a feasibility assessment and may issue a royalty 
agreement without compliance of Subsection (5)(a) if the agreement:
(i)
has a term of 12 months or less; and
(ii)
limits use of
requires a minimum use of five acre-feet of
 brines from the Great 
Salt Lake
 to a maximum of five acre-feet
 during the term of the agreement.
(b)
Subsection 
(6)(a)(ii)
 requiring a minimum use of five acre-feet of brines from the 
Great Salt Lake does not apply to an operator who filed an application with the 
division for a feasibility assessment before January 1, 2025.
(b)
(c)
The division may make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, for implementing this Subsection (6).
(7)
(a)
Upon nomination from a prospective operator, the division shall by rule, made in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
establish a royalty rate and calculation methodology for a Great Salt Lake element or 
mineral that:
(i)
provides for a full and fair return to the state from the production of the Great Salt 
Lake element or mineral;
(ii)
is consistent with market royalty rates applicable to the production of the Great 
Salt Lake element or mineral or of the production of oil and gas;
(iii)
provides a base royalty rate;
(iv)
provides a reduced royalty rate from the royalty rate under Subsection (7)(a)(iii) 
if the royalty agreement:
(A)
relates to a non-evaporative method of producing the Great Salt Lake element 
or mineral; or
(B)
provides an incentive to use commercially viable, innovative technology to 
minimize water depletion and evaporation as determined by the division; 
(v)
provides a reduced royalty rate from the royalty rate under Subsection (7)(a)(iii) if 
the prospective operator for the extraction of lithium demonstrates to the 
satisfaction of the division that the prospective operator has an agreement with a 
person who will process or manufacture a product in this state, exclusive of any 
primary or secondary lithium processing or manufacturing, using the lithium 
extracted by the prospective operator; and
(vi)
subject to Subsection (7)(e), provides for a royalty rate that is based on the 
highest market value prevailing at the time of the sale or disposal of the following:
(A)
the Great Salt Lake element or mineral; or
(B)
a product the lessee produces from the Great Salt Lake element or mineral.
(b)
Before entering into a royalty agreement permitting the extraction of Great Salt Lake 
elements or minerals, the operator shall:
(i)
demonstrate the proposed operation's commercial viability;
(ii)
certify before operation begins that the operator is not negatively impacting the 
biota or chemistry of the Great Salt Lake; and
(iii)
obtain the approval of the division and the Department of Environmental Quality 
that the certification supports a finding that the operation will not negatively 
impact the biota or chemistry of the Great Salt Lake.
(c)
A new mineral lease for a Great Salt Lake element or mineral in production in the 
Great Salt Lake as of May 3, 2023, is subject to new royalty rates due to emergent 
technologies.
(d)
An operator who as of July 1, 2020, had a mineral lease with the division but not a 
royalty agreement and who is subject to a severance tax under Subsection 
59-5-202
(5) 
shall pay a royalty under this section in addition to the severance tax.
(e)
The royalty rate described in Subsection (7)(a)(vi) may not be reassessed during the 
primary term of an initial royalty agreement issued under this section, but may be 
reassessed upon the conclusion of the primary term.
(8)
(a)
Except as provided in Subsection (8)(b), an operator who extracts a Great Salt 
Lake element or mineral from tailings from the production of Great Salt Lake 
elements or minerals from brines in the Great Salt Lake is subject to this section to 
the same extent as an operator producing a Great Salt Lake element or mineral from 
brines in the Great Salt Lake.
(b)
An operator that, as of May 3, 2023, has an agreement to recover a Great Salt Lake 
element or mineral from existing tailings, discarded material, end-use products, or 
waste products produced from the evaporation and processing of Great Salt Lake 
brines is not subject to this section, except as to the payment of royalties set by the 
division under Subsection (7)(a). The division shall make rules, in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the issuance 
and termination of a royalty agreement for mineral extraction from tailings, discarded 
material, end-use products, or waste products produced from the evaporation and 
processing of Great Salt Lake brines.
(c)
An operator that, as of May 3, 2023, has an underlying agreement to recover a Great 
Salt Lake element or mineral shall obtain an additional agreement for any additional 
Great Salt Lake element or mineral produced from the tailings, discarded material, 
end-use products, or waste products newly produced under the underlying agreement. 
The additional agreement is subject to this section.
(9)
The division shall annually report to the Natural Resources, Agriculture, and 
Environmental Quality Appropriations Subcommittee regarding the amount of money 
collected under this section from royalties provided for in Subsection (7).
(10)
(a)
In the issuance of royalty agreements for the extraction of lithium from the Great 
Salt Lake, the division shall prioritize applicants that
do not use evaporative 
concentration of Great Salt Lake brines in any stage of the extractive process.
(b)
The division may make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, creating a process for implementing this Subsection 
(10).
(11)
Except in relationship to mineral leases related to the Great Salt Lake, the division 
shall make rules regarding the continuation of a mineral lease after the primary term has 
expired, which shall provide that a mineral lease shall continue so long as:
(a)
the mineral covered by the lease is being produced in paying quantities from:
(i)
the leased premises;
(ii)
lands pooled, communitized, or unitized with the leased premises; or
(iii)
lands constituting an approved mining or drilling unit with respect to the leased 
premises; or
(b)
(i)
the lessee is engaged in diligent operations, exploration, research, or 
development which is reasonably calculated to advance development or 
production of the mineral covered by the lease from:
(A)
the leased premises;
(B)
lands pooled, communitized, or unitized with the leased premises; or
(C)
lands constituting an approved mining or drilling unit with respect to the 
leased premises; and
(ii)
the lessee pays a minimum royalty.
(12)
For the purposes of Subsection (11), diligent operations with respect to oil, gas, and 
other hydrocarbon leases may include cessation of operations not in excess of 90 days in 
duration.
(13)
(a)
The division shall study and analyze each mineral lease and mineral royalty 
agreement issued on the Great Salt Lake and compare and evaluate whether the 
mineral leases and royalty agreements are representative of current market 
conditions. As part of this study, the division shall:
(i)
make the following determinations for mineral leases:
(A)
whether the entire surface area described within the mineral lease is being 
used; and
(B)
whether the annual lease payments are representative of current market 
conditions; and
(ii)
for royalty agreements, perform studies and comparative analyses to determine 
whether the state is receiving royalty rates consistent with current market 
conditions.
(b)
By no later than the 2023 November interim meeting, the division shall report the 
division's findings of the study required by this Subsection (13) to the Natural 
Resources, Agriculture, and Environment Interim Committee.
(14)
The division may make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, for implementing this section.
(15)
The provisions in this section related to extraction of a Great Salt Lake element or 
mineral under a mineral lease or royalty agreement apply to a mineral lease or royalty 
agreement in effect on May 1, 2024, and any mineral lease or royalty agreement entered 
into after May 1, 2024.
Section 4, Section 
65A-17-201
 is amended to read:
65A-17-201
. Great Salt Lake -- Management responsibilities of the division.
The division has the following powers and duties:
(1)
The division shall make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, for the management of the Great Salt Lake that 
recognize the division's duty to manage public trust assets and balance the following 
public interest benefits and policies:
(a)
strategies to effectively and efficiently manage the Great Salt Lake based on the 
Great Salt Lake's fluctuating lake levels;
(b)
development of the Great Salt Lake that balances, in a manner that promotes a 
healthy physical and ecological condition:
(i)
migratory and shorebirds habitats;
(ii)
wetlands;
(iii)
brines, minerals or elements, chemicals, and petro-chemicals;
(iv)
brine shrimp;
(v)
the protection of wildlife and wildlife habitat;
(vi)
the protection of recreational access and facilities; and
(vii)
search and rescue efforts;
(c)
promote water quality management for the Great Salt Lake and the Great Salt Lake's 
tributary streams;
(d)
public access to the Great Salt Lake for recreation, hunting, and fishing;
(e)
temperature moderation, a stable role in the water cycle, and dust mitigation;
(f)
maintain the Great Salt Lake's flood plain as a hazard zone;
(g)
maintain the Great Salt Lake and the marshes as important shorebirds, waterfowl, 
and other waterbird flyway system;
(h)
promote and maintain recreation areas on and surrounding the Great Salt Lake; and
(i)
maintain and protect state, federal, and private marshlands, rookeries, and wildlife 
refuges.
(2)
(a)
The division shall prepare and maintain a comprehensive management plan for the 
Great Salt Lake that is consistent with:
(i)
the management duty and public interest benefits described in Subsection (1);
(ii)
policies established by rule made under Subsection (1); and
(iii)
the Great Salt Lake strategic plan adopted under Section 
73-32-204
.
(b)
The comprehensive management plan described in this section shall integrate the 
land within the Great Salt Lake meander line regardless of whether the land has been 
excluded from water within the Great Salt Lake because of a berm or other 
infrastructure on sovereign land associated with the Great Salt Lake.
(c)
The division shall prepare the comprehensive management plan in consultation with 
the Great Salt Lake commissioner.
(3)
The division may employ personnel and purchase equipment and supplies that the 
Legislature authorizes through appropriations for the purposes of this chapter and 
Chapter 10, Management of Sovereign Lands.
(4)
The division may initiate studies of the Great Salt Lake and the Great Salt Lake's related 
resources.
(5)
The division may publish scientific and technical information concerning the Great Salt 
Lake.
(6)
The division shall define the Great Salt Lake's flood plain.
(7)
The division may qualify for, accept, and administer grants, gifts, or other funds from 
the federal government and other sources, for carrying out any functions under this 
chapter and Chapter 10, Management of Sovereign Lands.
(8)
The division shall determine the need for public works and utilities for the lake area.
(9)
The division may implement the comprehensive plan described in Subsection (2) 
through state and local entities or agencies.
(10)
The division shall coordinate the activities of the various divisions within the 
Department of Natural Resources with respect to the Great Salt Lake.
(11)
The division shall retain and encourage the continued activity of the Great Salt Lake 
technical team.
(12)
The division shall administer Chapter 16, Great Salt Lake Watershed Enhancement 
Program.
(13)
The division shall administer Section 
65A-17-202
 when the Great Salt Lake 
emergency trigger is reached.
(14)
(a)
The division shall manage the adaptive management berm in the UP causeway 
breach to keep salinity of Gilbert Bay within target ranges, raising and lowering the 
adaptive management berm as needed to achieve that goal.
(b)
In pursuing the goal described in Subsection (14)(a), the division shall:
(i)
consider the other management objectives enumerated in this section, including 
the preservation of Gunnison Bay;
(ii)
raise the adaptive management berm if the Great Salt Lake elevation is 4,190 feet 
or lower; and
(iii)
comply with a plan and schedule required by Subsection (14)(c).
(c)
Before raising the adaptive management berm, the division shall have a plan and 
schedule to lower the adaptive management berm by no later than 
nine
18
 months 
after raising the adaptive management berm, with an objective of equalizing the 
elevations of Gilbert Bay and Gunnison Bay to be within two feet of each other.
(d)
The division will consult with the Great Salt Lake commissioner:
(i)
before modifying the adaptive management berm; and
(ii)
concerning the adoption of the plan and schedule described in Subsection (14)(c).
(15)
Notwithstanding a statute to the contrary and except for activities that interfere with 
the authority granted the state engineer under Title 73, Water and Irrigation, the division 
may construct, operate, modify, or maintain infrastructure related to protecting the Great 
Salt Lake and adjacent wetlands and may engage in planning and provide staff to 
manage the infrastructure.
(16)
The division may perform acts other than those described in Subsections (1) through 
(15) that are reasonably necessary to carry out this chapter and Chapter 10, Management 
of Sovereign Lands.
(17)
The division shall complete an analysis to determine the infrastructure and engineering 
needs related to salinity management within the Great Salt Lake meander line.
(18)
The division shall consult with the Division of Wildlife Resources to identify projects 
on sovereign lands that benefit wildlife habitat through the improved flow of water and 
management of both native and invasive plant species.
(19)
This chapter may not be interpreted to override, supersede, or modify any water right 
within the state, or the role and authority of the state engineer.
Section 5, Section 
73-32-101
 is amended to read:
73-32-101
. Definitions.
As used in this chapter:
(1)
"Account" means the Great Salt Lake Account created in Section 
73-32-304
.
(2)
"Agricultural water" means water placed to beneficial use on land in agricultural use as 
defined under Section 
59-2-502
.
(2)
(3)
"Commissioner" means the Great Salt Lake commissioner appointed under Section 
73-32-201
.
(3)
(4)
"Council" means the Great Salt Lake Advisory Council created in Section 
73-32-302
.
(4)
(5)
"Department" means the Department of Natural Resources.
(5)
(6)
"Office" means the Office of the Great Salt Lake Commissioner created in Section 
73-32-301
.
(6)
(7)
"State agency" means a department, division, board, council, committee, institution, 
office, bureau, or other similar administrative unit of the executive branch of state 
government.
(7)
(8)
"Strategic plan" means the plan prepared by the commissioner under Sections 
73-32-202
 and 
73-32-204
.
Section 6, Section 
73-32-202
 is amended to read:
73-32-202
. Duties and authorizations of the commissioner.
(1)
The commissioner shall:
(a)
subject to Section 
73-32-204
, prepare an approved strategic plan for the long-term 
health of the Great Salt Lake and update the strategic plan regularly;
(b)
oversee the execution of the strategic plan by other state agencies as provided in 
Section 
73-32-203
;
(c)
maintain information that measures Great Salt Lake levels, salinity, and overall 
health;
(d)
meet regularly with the executive director of the department and with the executive 
director of the Department of Environmental Quality;
(e)
consult with the Division of Forestry, Fire, and State Lands regarding 
Title 65A, 
Chapter 16, Great Salt Lake Watershed Enhancement Program
;
(f)
monitor the integrated water assessment conducted under 
Chapter 10g, Part 4, Great 
Salt Lake Watershed Integrated Water Assessment
;
(g)
inform the governor, the president of the Senate, and the speaker of the House of 
Representatives, at least annually, about the status of the strategic plan and the 
progress regarding implementation of the strategic plan;
(h)
at least annually report to the Executive Appropriations Committee regarding the 
expenditure of money under this chapter;
(i)
coordinate and work collaboratively with water conservancy districts that serve water 
users within the Great Salt Lake watershed; 
and
(j)
consult on projects funded by state appropriations that are designed to acquire or 
lease water or water rights for the Great Salt Lake to ensure the project is consistent 
with the strategic plan; and
(j)
(k)
annually report to the Natural Resources, Agriculture, and Environment Interim 
Committee regarding the activities of the commissioner.
(2)
The commissioner may:
(a)
access information from other state or federal agencies related to the Great Salt Lake;
(b)
develop cooperative agreements between the state, political subdivisions, and 
agencies of the federal government for involvement in the strategic plan;
(c)
produce research, documents, maps, studies, analysis, or other information that 
supports the strategic plan for the Great Salt Lake;
(d)
facilitate and coordinate the exchange of information, comments, and 
recommendations on Great Salt Lake policies between and among:
(i)
state agencies;
(ii)
political subdivisions;
(iii)
institutions of higher education that conduct research relevant to the Great Salt 
Lake;
(iv)
nonprofit entities; and
(v)
private business;
(e)
communicate with the Great Salt Lake Watershed Council created under 
Chapter 
10g, Part 3, Watershed Councils Act
; 
and
(f)
subject to Subsection 
(3)
, negotiate agreements, leases, or other means to acquire or 
lease water or water rights for the Great Salt Lake pursuant to the exemption under 
Subsection 
63G-6a-107.6(2)
; and
(f)
(g)
perform other duties that the commissioner considers necessary or expedient to 
carry out the purposes of this chapter.
(3)
(a)
A change application for a water right acquired or leased under Subsection (2)(f) 
for use on sovereign lands in the Great Salt Lake shall be administered in accordance 
with Section 
73-3-30
.
(b)
The commissioner shall consult with the commissioner of the Department of 
Agriculture and Food regarding terms and conditions for leasing agricultural water 
for the Great Salt Lake.
(3)
(4)
In fulfilling the duties under this chapter, the commissioner shall consult and 
coordinate, as necessary, with:
(a)
the department;
(b)
the Department of Agriculture and Food;
(c)
the Department of Environmental Quality;
(d)
other applicable state agencies;
(e)
political subdivisions of the state;
(f)
federal agencies;
(g)
elected officials; and
(h)
local tribal officials.
Section 7. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-7-25 10:21 PM