Judge hears arguments in Great Salt Lake lawsuit

SALT LAKE CITY — On Tuesday, a judge heard arguments over a lawsuit claiming the state of Utah has failed to save the Great Salt Lake. 

Environmental groups filed the lawsuit on September 6, 2023. In December 2023, the Utah Division of Natural Resources said they filed a motion to dismiss the Great Salt Lake lawsuit. 

Great Salt Lake lawsuit

The plaintiffs of the Great Salt Lake lawsuit argue that the state has not followed Utah’s public trust doctrine. 

The public trust doctrine requires the state to care for its land and water so that it can benefit citizens. 

Court documents said the public trust doctrine has historically guaranteed the public’s right to use waters for “navigation, commerce, and fishing.” Additionally, it protects the ecological integrity of the lake.

Great Salt Lake’s water levels have not reached a minimum healthy lake elevation in over a decade. According to court documents, experts defined the minimum healthy lake elevation as being between 4,198 and 4,205 feet. 

Lake elevation refers to the height of the water’s surface above sea level. 

Currently, Great Salt Lake’s elevation sits more than five feet below its target healthy level. 

Court documents said that a low lake elevation can have detrimental impacts on the ecosystems surrounding the lake. 

First, an elevation below 4,198 feet exposes parts of the lakebed, turning them into a source of air pollution that threatens public health. 

Related: Great Salt Lake dust potentially very harmful, researchers say

Secondly, low lake elevations increase salinity, making conditions in the water less hospitable for brine shrimp. 

Brine shrimp play an important role in Great Salt Lake’s ecosystem. They serve as a food source for several species. 

Additionally, the court documents said that a decrease in brine shrimp poses a risk to the lake’s brine shrimp fishing industry. The Utah Division of Wildlife Resources reported that brine shrimp harvesting is an industry valued between $10 and $60 million. 

In the court documents, the plaintiffs argued that lake elevations below the minimum healthy level can inhibit boat launches. Inhibited boat launches can diminish recreation prospects on the lake. 

Plaintiffs: State of Utah hasn’t done enough

The plaintiffs argue that the state of Utah has not done enough to help Great Salt Lake. They said the state’s managing agencies have allowed too much upstream water to be diverted from reaching the lake. 

“To date, the State’s efforts have largely focused on trying to persuade individual water users to undertake voluntary measures to reduce their consumption,” read the documents. 

While voluntary water-saving efforts have been somewhat effective, the plaintiffs argued they are not enough. 

The documents said that of the 3.1 million acre-feet that would naturally flow into the lake, 2.1 million acre-feet are diverted. They allege that the state of Utah has “sidestepped the problem of unsustainable diversions.” 

The defendants’ argument

Both sides presented their arguments during the Tuesday hearing. 

Opposingly, the state is arguing that it has taken extensive action and invested millions of dollars to protect Great Salt Lake. Additionally, the state argues that keeping water levels steady isn’t possible because water levels fluctuate throughout the year. 

Mariah Maynes contributed to this report. 

Related: Lawsuit alleges that Utah is failing to protect the Great Salt Lake

 

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