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Utah Lake Restoration Project called ‘not legally sound’ by state agency director

By Ashtyn Asay - | Aug 19, 2022

Ashtyn Asay, Daily Herald file photo

Utah Lake is pictured from Utah Lake State Park on Monday, April 25, 2022.

The proposed Utah Lake Restoration Project is once again facing scrutiny, this time from the director of Utah’s Division of Forestry, Fire and State Lands.

The Utah Lake Restoration Project, a plan put forward by Lake Restoration Solutions, is a proposal to dredge Utah Lake in order to create man-made islands that the company has claimed would make the lake deeper, cleaner and healthier.

The project has come under fire from local conservation groups, scientists who have studied the lake and, most recently, a state agency official.

At a meeting of the Utah Legislature’s Natural Resources, Agriculture, and Environment Interim Committee on Wednesday, FFSL Director Jamie Barnes called the Utah Lake Restoration Project “detrimental to the state of Utah, and to the public trust.”

“The proposal is unconstitutional, and is not legally sound,” Barnes said. “I understand that this is a case of first impression, but this project presents a risk to the state of Utah. There is a possibility of permanent loss of sovereign land to a private entity.”

These remarks came during a status update from the FFSL on the Utah Lake Restoration Project and House Bill 240, containing amendments to the 2018 Utah Lake Restoration Act, that was passed earlier this year.

HB 240 amended the earlier HB 272 and requires the approval of the Legislature and governor for the disposal of any Utah Lake land in exchange for the restoration of Utah Lake, and also requires the FFSL to prepare recommendations and objectives on any Utah Lake restoration to be reported to the Natural Resources, Agriculture, and Environment Interim Committee.

Barnes stated that the FFSL has been working with agents from Lake Restoration Solutions to address “technical issues” with their project’s application, including entity and corporation, application party discrepancies, exchange versus disposal discrepancies, the location of the project and an application that predates the legislation that would make it possible.

“The proposal associated with the application lacks the scientific data to report the recommendations referred to in 1A of the legislation,” Barnes said.

Barnes clarified that the FFSL has not taken a position on the Utah Lake Restoration Project and has been working with Lake Restoration Solutions as it explores comprehensive restoration options for the lake.

“We’ve been working openly and in a friendly manner with Lake Restoration Solutions and looking at all options to enhance the quality of Utah Lake,” she said.

The Utah Lake Restoration Project is still moving forward within the federal National Environmental Policy Act review process, and Lake Restoration Solutions announced on Wednesday that the U.S. Army Corps of Engineers had selected Seattle company Anchor QEA as the third-party contractor that will prepare the environmental impact statement for the project.

When asked for a response to Barnes’ remarks, Jon Benson, president and COO of Lake Restoration Solutions, said the company does not have a comment at this time.

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