Utah Lake restoration called “unconstitutional” by state agency

PROVO, Utah — The Utah Department of Natural Resources’ state lands director, Jamie Barnes, has told lawmakers that a private project to restore Utah Lake is unconstitutional. 

Barnes’ said that her assessment mirrors a decision by the Utah Attorney General’s office regarding the dredging project. The decision was released yesterday during an interim committee meeting of the Natural Resources, Agriculture, and Environment Committee. 

The passage of HB 240 earlier this year is the driving force behind the report from Barnes.  The Deseret News reported that the approval of HB240 created “extra hoops” that any company wishing to develop state lands would have to jump through, including “getting approval from the Utah Senate, House and governor.”

The AG’s opinion about the unconstitutionality of the project interferes with the state’s duty to manage public lands, Barnes said. She isn’t the only one who feels this way. Members from Conserve Utah Valley (CUV) agree with the claims. 

According to the developer, the project, an attempt to restore “over 150 years of human-caused degradation of Utah Lake” will make the lake a better, healthier ecosystem. Part of this development includes accessible islands advertised as a place where families can swim, picnic and explore. 

The Lake Resolution Solution company (LRS) wants to dredge a million cubic yards of sediment from the lake and use it to build these islands, some of which would be used for housing developments.

Need for scientific proof

Conserve Utah Valley Executive Director Craig Christensen and Marketing Director Carol-Lyn Jardine worked with the department head of watershed sciences at Utah State University, Patrick Belmont. In a report to the legislative committee on Capitol Hill, they also claimed the island proposal lacks scientific evidence and is unconstitutional.

They also said misinformation has been spread resulting in a lack of transparency to the public.