65A-16-201. Great Salt Lake Watershed Enhancement Program established.
| (1) |
There is created the “Great Salt Lake Watershed Enhancement Program” to issue grant money to establish a water trust to implement projects, programs, or voluntary arrangements that:
Terms Used In Utah Code 65A-16-201- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Council: means the Great Salt Lake Advisory Council created in Section 73-30-201. See Utah Code 65A-16-101
- Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-16-101
- Eligible applicant: means two or more conservation organizations that submit a joint grant application to the division under Section 65A-16-201 and meet the criteria listed in Subsection 65A-16-201(3)(a). See Utah Code 65A-16-101
- Grant money: means money the division awards to an eligible applicant pursuant to this chapter. See Utah Code 65A-16-101
- Grantee: means an eligible applicant that receives a grant authorized under this chapter. See Utah Code 65A-16-101
- Great Salt Lake watershed: means the area comprised of the Great Salt Lake, the Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber River watershed, and the West Desert watershed. See Utah Code 65A-16-101
- Land: includes :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Program: means the Great Salt Lake Watershed Enhancement Program created under Section 65A-16-201. See Utah Code 65A-16-101
| (a) |
retain or enhance water flows to:
| (i) |
sustain the Great Salt Lake and the Great Salt Lake’s wetlands; and |
| (ii) |
improve water quality and quantity for the Great Salt Lake within the Great Salt Lake watershed; |
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| (b) |
conserve and restore upstream habitats that are key to protecting the hydrology and health of the Great Salt Lake and the Great Salt Lake’s surrounding ecosystem; |
| (c) |
attract or leverage other public or private funding to enhance and preserve the Great Salt Lake watershed; |
| (d) |
engage agricultural producers, local landowners, local planning authorities, and others to support the Great Salt Lake; |
| (e) |
support or benefit the Great Salt Lake’s natural infrastructure; |
| (f) |
protect and restore uplands, wetlands, and habitats in the Great Salt Lake watershed that benefit hydrologic or ecosystem functions of the Great Salt Lake; |
| (g) |
support efforts to integrate water planning and management efforts that benefit the Great Salt Lake watershed; |
| (h) |
undertake assessments or studies as necessary, consistent with the goals of this Subsection (1); |
| (i) |
support projects or programs to respond to low water levels and rising salinity in the Great Salt Lake; |
| (j) |
require the creation and operation of one or more endowments to sustain the water trust and fulfill the purposes of this chapter; or |
| (k) |
otherwise fulfill the purposes of this Subsection (1) to enhance, preserve, or protect the Great Salt Lake. |
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| (2) |
| (a) |
Subject to legislative appropriations, the division shall award a one-time grant to one eligible applicant to establish a water trust authorized under this section. |
| (b) |
The amount of the one-time grant under this Subsection (2) shall be equal to the entire appropriation made to the division to implement this chapter. |
| (c) |
Notwithstanding the requirements for the division issuing a one-time grant under this section, after the grant is issued, the division may receive additional appropriations to be used for the purposes of this chapter, including providing money to the water trust created under this chapter. |
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| (3) |
To be considered for the one-time grant under Subsection (2), an eligible applicant shall submit a written application to the division within 60 days of March 21, 2022, that:
| (a) |
demonstrates that the eligible applicant meets the following criteria that are necessary to submit a written application, that the eligible applicant:
| (i) |
has offices and staff located in Utah; and |
| (ii) |
individually or collectively possesses:
| (A) |
a history and ability to attract private funding to implement water and land conservation projects; |
| (B) |
knowledge and experience with the Great Salt Lake and the Great Salt Lake watershed; |
| (C) |
knowledge and experience managing wetlands in the vicinity of the Great Salt Lake; |
| (D) |
knowledge and experience in the creation of three or more water trusts or water funds; |
| (E) |
knowledge and experience in securing approval from the Division of Water Rights for water right applications that support the beneficial use of water in the Great Salt Lake; |
| (F) |
knowledge and experience with Utah water laws; and |
| (G) |
participation in the development of studies and reports on the Great Salt Lake and Utah water policy; |
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| (b) |
how the applicant will accomplish the objectives of Subsection (1); |
| (c) |
how the applicant will satisfy 3; and |
| (d) |
a description of the types of money, in-kind contributions, and other resources the applicant could contribute or attract to support the creation, operation, and administration of a water trust. |
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| (4) |
The division, in consultation with the council and the director of the Division of Water Quality, shall evaluate and rank the applications received under Subsection (3) according to each eligible applicant’s experience and demonstrated ability to:
| (a) |
attract and secure public and private funding to implement water and land conservation projects; |
| (b) |
address water quality and hydrology issues of the Great Salt Lake and within the Great Salt Lake watershed; |
| (c) |
create and operate water trusts; |
| (d) |
secure approval from the Division of Water Rights for water right applications that support beneficial use of water in the Great Salt Lake; |
| (e) |
understand, use, and work to improve Utah water laws in a manner that benefits the Great Salt Lake watershed while protecting other beneficial uses of water; and |
| (f) |
participate in collaborative efforts to develop strategies and recommendations to ensure adequate water for the Great Salt Lake and the Great Salt Lake watershed. |
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| (5) |
| (a) |
Within 90 days of March 21, 2022, the division shall select the highest ranking eligible applicant as the grantee. |
| (b) |
The division shall distribute the appropriated money to the grantee as soon as reasonably practicable following the execution of an agreement or agreements that satisfy the requirements of Subsections 51-2a-201.5(4) and 63J-1-220(2). |
| (c) |
The division shall issue the grant within the time period required under this Subsection (5) notwithstanding whether the division has adopted rules to administer the program under Section 65A-16-102. |
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| (6) |
If the division does not receive an application from an eligible applicant that satisfies each of the evaluation criteria of Subsection (4), the division shall issue a request for proposals under a competitive award process and shall select the most qualified applicant to receive the grant. |
Enacted by Chapter 78, 2022 General Session
Revisor instructions Chapter 78, 2022 General Session
