73-32 - Great Salt Lake Commissioner Act
Title 73 > 73-32
Sections (10)
General Provisions
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.
(3) “Commissioner” means the Great Salt Lake commissioner appointed under Section 73-32-201.
(4) “Council” means the Great Salt Lake Advisory Council created in Section 73-32-302.
(5) “Department” means the Department of Natural Resources.
(6) “Executive director” means the executive director of the department.
(7) “Office” means the Office of the Great Salt Lake Commissioner created in Section 73-32-301.
(8) “State agency” means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government.
(9) “Strategic plan” means the plan prepared by the commissioner under Sections 73-32-202 and 73-32-204.
Amended by Chapter 93, 2025 General Session
73-32-102 - Transition to department.
(1) The commissioner shall cooperate with the department to transition, to the extent consistent with this chapter, the commissioner’s functions as a part of the department.
(2) The department shall succeed to any contract in which the commissioner is a party.
Enacted by Chapter 93, 2025 General Session
Commissioner
73-32-201 - Great Salt Lake commissioner appointment.
(1) The governor shall appoint a Great Salt Lake commissioner with the advice and consent of the Senate. The commissioner shall serve within the department and report to the executive director.Before the governor appoints the commissioner under this section, the governor shall consult with the speaker of the House of Representatives and the president of the Senate concerning the selection of potential candidates for the position of commissioner.
(2) The commissioner shall serve a term of six years and may be appointed to more than one term, but shall be subject to removal at the pleasure of the governor.
(3) The governor shall establish the commissioner’s compensation within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Amended by Chapter 93, 2025 General Session
73-32-202 - Duties and authorizations of the commissioner.
(1) The commissioner, under the administrative oversight of the executive director, shall: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;oversee the execution of the strategic plan by other state agencies as provided in Section 73-32-203;maintain information that measures Great Salt Lake levels, salinity, and overall health;meet regularly with the executive director and with the executive director of the Department of Environmental Quality;consult with the Division of Forestry, Fire, and State Lands regarding Title 65A, Chapter 16, Great Salt Lake Watershed Enhancement Program;monitor the integrated water assessment conducted under Chapter 10g, Part 4, Great Salt Lake Watershed Integrated Water Assessment;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;at least annually report to the Executive Appropriations Committee regarding the expenditure of money under this chapter;work cooperatively with and receive input and recommendations from the Great Salt Lake Trust Council created under Section 65A-16-301 in accordance with Section 65A-16-302;coordinate and work collaboratively with water conservancy districts that serve water users within the Great Salt Lake watershed;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; andannually report to the Natural Resources, Agriculture, and Environment Interim Committee regarding the activities of the commissioner.
(2) The commissioner may:access information from other state or federal agencies related to the Great Salt Lake;develop cooperative agreements between the state, political subdivisions, and agencies of the federal government for involvement in the strategic plan;produce research, documents, maps, studies, analysis, or other information that supports the strategic plan for the Great Salt Lake;facilitate and coordinate the exchange of information, comments, and recommendations on Great Salt Lake policies between and among:state agencies;political subdivisions;institutions of higher education that conduct research relevant to the Great Salt Lake;nonprofit entities; andprivate business;communicate with the Great Salt Lake Watershed Council created under Chapter 10g, Part 3, Watershed Councils Act;subject to Subsection (4), 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); andperform other duties that the commissioner considers necessary or expedient to carry out the purposes of this chapter.
(3) The commissioner may not expend money for the purpose of acquiring or leasing water or water rights without first obtaining a review and recommendations regarding the expenditure from the Great Salt Lake Trust Council created in accordance with Section 65A-16-301.The Great Salt Lake Trust Council shall review an expenditure described in Subsection (3)(a) and may make a favorable recommendation if the Great Salt Lake Trust Council finds that the expenditure is consistent with:the strategic plan; andactivities of the water trust created in Title 65A, Chapter 16, Great Salt Lake Watershed Enhancement Program.
(4) 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.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.
(5) In fulfilling the duties under this chapter, the commissioner shall consult and coordinate, as necessary, with:divisions within the department;the Department of Agriculture and Food;the Department of Environmental Quality;other applicable state agencies;political subdivisions of the state;federal agencies;elected officials; andlocal tribal officials.
Amended by Chapter 93, 2025 General Session
73-32-203 - Relationship to other state agencies.
(1) A state agency shall cooperate with the commissioner, including providing information to the commissioner, to the extent not prohibited by federal or state law, at the commissioner’s request.
(2) To the extent not prohibited by federal law and notwithstanding any other provision of state law, the commissioner may require a state agency to take action or refrain from acting to benefit the health of the Great Salt Lake to comply with the strategic plan.
(3) This chapter may not be interpreted to override, substitute, or modify a water right within the state or the role and authority of the state engineer.
(4) This Subsection (4) applies if:the commissioner determines that an action or failure to act by the Department of Environmental Quality may negatively impact the health of the Great Salt Lake, as established by the strategic plan; andthe Department of Environmental Quality refuses to act or refrain from action because the Department of Environmental Quality believes it would jeopardize a delegation agreement entered into by the Department of Environmental Quality with the United States Environmental Protection Agency.If the conditions of Subsection (4)(a) are met, the commissioner shall inform:the governor;the speaker of the House of Representatives; andthe president of the Senate.The Department of Environmental Quality may inform the governor, the speaker of the House of Representatives, and the president of the Senate of the need for the Department of Environmental Quality to take the action or refrain from the action described in Subsection (4)(a).The governor may review the information provided under this Subsection (4) and take action to resolve the issue raised by the commissioner under Subsection (4)(b).If the conditions of Subsection (4)(a) are not met, the Department of Environmental Quality shall comply with Subsection (2).
Enacted by Chapter 205, 2023 General Session
73-32-204 - Strategic plan.
(1) In accordance with this section, the commissioner shall prepare a strategic plan and obtain the approval of the governor of that strategic plan.A strategic plan prepared by the commissioner may not be implemented until the governor approves the strategic plan, except as provided in Subsection (5).
(2) The commissioner shall base the strategic plan on a holistic approach that balances the diverse interests related to the health of the Great Salt Lake, and includes provisions concerning:coordination of efforts related to the Great Salt Lake;a sustainable water supply for the Great Salt Lake, while balancing competing needs;human health and quality of life;a healthy ecosystem;economic development;water conservation, including municipal and industrial uses and agricultural uses;water and land use planning;regional water sharing; andother provisions that the commissioner determines would be for the benefit of the Great Salt Lake.
(3) The commissioner shall obtain the approval of the governor of an initial strategic plan by no later than December 31, 2023.On or before November 30, 2023, the commissioner shall submit an initial strategic plan to the governor, speaker of the House of Representatives, and the president of the Senate.The governor shall approve the strategic plan by no later than December 31, 2023, if the governor determines that the initial strategic plan satisfies this chapter.By no later than January 15, 2024, the commissioner shall provide the following a copy of the initial strategic plan approved by the governor under Subsection (3)(c):the Natural Resources, Agriculture, and Environment Interim Committee;the department;the Department of Environmental Quality; andthe Department of Agriculture and Food.
(4) The governor may approve a strategic plan only after consulting with the speaker of the House of Representatives and the president of the Senate.
(5) Once a strategic plan is approved by the governor, the commissioner may make substantive changes to the strategic plan without the approval of the governor, except that the commissioner shall:inform the governor, the speaker of the House of Representatives, and the president of the Senate of a substantive change to the strategic plan; andsubmit the strategic plan every five years for the approval of the governor in a process that is consistent with Subsection (3).
(6) The commissioner may work with the Division of Forestry, Fire, and State Lands in coordinating the comprehensive management plan created under Section 65A-17-201 with the strategic plan.
Amended by Chapter 25, 2024 General Session
Administration
73-32-301 - Office of the Great Salt Lake Commissioner.
(1) There is created the Office of the Great Salt Lake Commissioner.
(2) The office shall: provide staff support to the commissioner; andoperate under the supervision of the commissioner.
(3) The department shall provide office space, furnishings, and supplies to the commissioner, the office, and support staff for the office.
Enacted by Chapter 205, 2023 General Session
73-32-302 - Advisory council created — Staffing — Per diem and travel expenses — Annual conflict of interest disclosure statement — Exception — Penalties.
(1) There is created an advisory council known as the “Great Salt Lake Advisory Council” consisting of 11 members listed in Subsection (2).
(2) The governor shall appoint the following members, with the advice and consent of the Senate:one representative of industry representing the extractive industry;one representative of industry representing aquaculture;one representative of conservation interests;one representative of a migratory bird protection area as defined in Section 23A-13-101;one representative who is an elected official from municipal government, or the elected official’s designee;five representatives who are elected officials from county government, or the elected official’s designee, one each representing:Box Elder County;Davis County;Salt Lake County;Tooele County; andWeber County; andone representative of a publicly owned treatment works.
(3) Except as required by Subsection (3)(b), each member shall serve a four-year term.Notwithstanding Subsection (3)(a), at the time of appointment or reappointment, the governor shall adjust the length of terms of voting members to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement for the unexpired term with the advice and consent of the Senate.A member shall hold office until the member’s successor is appointed and qualified.
(4) The council shall determine:the time and place of meetings; andany other procedural matter not specified in this chapter.
(5) Attendance of six members at a meeting of the council constitutes a quorum.A vote of the majority of the members present at a meeting when a quorum is present constitutes an action of the council.
(6) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) The department and the Department of Environmental Quality shall coordinate and provide necessary staff assistance to the council.
(8) Except as provided in Subsection (14), a council member shall, no sooner than January 1 and no later than January 31 of each year during which the council member holds office on the council:prepare a written conflict of interest disclosure statement that contains a response to each item of information described in Subsection 20A-11-1604(6); andsubmit the written disclosure statement to the administrator or clerk of the council.
(9) No later than 10 business days after the date on which the council member submits the written disclosure statement described in Subsection (8) to the administrator or clerk of the council, the administrator or clerk shall:post an electronic copy of the written disclosure statement on the council’s website; andprovide the lieutenant governor with a link to the electronic posting described in Subsection (9)(a)(i).The administrator or clerk of the council shall ensure that the council member’s written disclosure statement remains posted on the council’s website until the council member leaves office.
(10) The administrator or clerk of the council shall take the action described in Subsection (11) if:a council member fails to timely file the written disclosure statement described in Subsection (8); ora submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604(6).
(11) If a circumstance described in Subsection (10) occurs, the administrator or clerk of the council shall, within five days after the day on which the administrator or clerk determines that a violation occurred, notify the council member of the violation and direct the council member to submit an amended written disclosure statement correcting the problem.
(12) It is unlawful for a council member to fail to submit or amend a written disclosure statement within seven days after the day on which the council member receives the notice described in Subsection (11).A council member who violates Subsection (12)(a) is guilty of a class B misdemeanor.The administrator or clerk of the council shall report a violation of Subsection (12)(a) to the attorney general.In addition to the criminal penalty described in Subsection (12)(b), the administrator or clerk of the council shall impose a civil fine of $100 against a council member who violates Subsection (12)(a).
(13) The administrator or clerk of the council shall deposit a fine collected under this section into the council’s account to pay for the costs of administering this section.
(14) For an individual appointed to the council under Subsection (2)(a)(v) or (vi):Subsection (8) does not apply; andthe administrator or clerk of the council shall, instead:post an electronic link on the council’s website to the written disclosure statement the council member made in the council member’s capacity as an elected officer of:a county, under Section 17-70-509; ora municipality, under Section 10-3-1313; andprovide the lieutenant governor with a link to the electronic posting described in Subsection (14)(b)(i).
Amended by Chapter 17, 2025 Special Session 1
73-32-303 - Duties of the council.
(1) The council shall advise the persons listed in Subsection (1)(b) on the sustainable use, protection, and development of the Great Salt Lake in terms of balancing:sustainable use;environmental health; andreasonable access for existing and future development.The council shall advise, as provided in Subsection (1)(a):the governor;the department;the Department of Environmental Quality; andthe commissioner.
(2) The council shall assist the Division of Forestry, Fire, and State Lands in the Division of Forestry, Fire, and State Land’s responsibilities for the Great Salt Lake described in Sections 65A-17-201 and 65A-17-202.
(3) The council:may recommend appointments to the Great Salt Lake technical team created by the Division of Forestry, Fire, and State Lands; andshall receive and use technical support from the Great Salt Lake technical team.
(4) The council shall assist the department, the Department of Environmental Quality, and their applicable boards in accomplishing their responsibilities for the Great Salt Lake.
(5) The council shall report annually to the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee on the council’s activities.
Amended by Chapter 93, 2025 General Session
73-32-304 - Great Salt Lake Account.
(1) As used in this section ; “Mineral” includes a chemical compound that includes an element or mineral.”Mining” means the process of producing, extracting, leaching, evaporating, or otherwise removing a mineral from a natural deposit of the mineral.
(2) There is created within the General Fund a restricted account known as the “Great Salt Lake Account” consisting of:revenues deposited into the account under Subsection (3);appropriations from the Legislature; andinterest and other earnings described in Subsection (2)(b).The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account.
(3) The Division of Forestry, Fire, and State Lands shall deposit into the account the royalty income received by the state from mining that occurs on or after July 1, 2022, of a mineral from the sovereign lands of the Great Salt Lake if during the fiscal year beginning July 1, 2020, the state did not receive royalty income from the mining of that same mineral from the sovereign lands of the Great Salt Lake.
(4) Upon appropriation by the Legislature, money in the account may be used to: manage the water levels of the Great Salt Lake; andfund the activities of the commissioner and office under this chapter.
Renumbered and Amended by Chapter 205, 2023 General Session