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[Utah Code Table of Contents]
[TITLE 73. Table of Contents]
73-23-1 Legislative findings.
(1) The Legislature finds that the level of the Great Salt Lake has risen sharply in recent years due to extreme weather conditions. The high level of the lake has caused extraordinary flooding conditions resulting in substantial damage to public and private facilities. Those conditions pose a threat to life, health, and property, and in particular may result in extensive damage to public lands, major transportation routes, and other public facilities.
(2) The Legislature finds that some of the existing and anticipated extraordinary flooding conditions can be alleviated by construction of the West Desert Pumping Project.
(3) The Legislature declares it is in the public interest and a public purpose to construct the West Desert Pumping Project as a means of counteracting the threat to life, health, and property in general and to public lands, major transportation routes, and other public facilities in particular.
(4) The Legislature finds that all activities engaged
in under authority of this chapter are governmental functions
and governmental entities and their officers and employees
are immune from suit for any injury or damage resulting from
those activities.
1986
73-23-2 Appropriation - Projects authorized.
(1) There is appropriated from the Water Resources Conservation and Development Fund $30,000,000 to the following agencies for fiscal year 1985-86 to pay all or any portion of any of the following projects, including but not limited to:
(a) To the Division of Water Resources to pay for all or any portion of the West Desert Pumping Project, Bare Bones West Desert Pumping$60,000,000
(b) To the Disaster Relief Board for allocation to the appropriate entities to pay for all or any portion of any diking or other flood damage or mitigation costs as determined by the board with the concurrence of the governor, including, but not limited to: implementing the finger diking project in Salt Lake County, raising the breakwaters around the Great Salt Lake Marina and diking the east side of the parking lot, raising the AMAX North dike to protect I-80, raising the American Salt Company dike, raising the South Davis WWTP - North Plant dikes, diking the Little Mountain WWTP, and diking the Corinne Sewage Lagoon$10,000,000
(c) To the Division of Water Resources for preconstruction design studies for a state water plan for upstream water development$500,000
(d) To the Division of Water Resources to pay for the engineering and design work for the interisland diking projects (diking from Antelope Island to Fremont Island and from Fremont Island to Promontory Point) by July 1, 1987.$1,200,000
(2) All money provided under this chapter shall be nonlapsing
and may be used for all acquisitions and construction costs,
including, without exclusion or limitation, operation and
maintenance, the cost of acquiring land, interests in land,
easements and rights-of-way, the cost of improving sites,
and of acquiring, constructing, equipping, and furnishing
facilities and all structures, roads, utilities, and improvements
necessary, incidental, or convenient to the facilities and
all related engineering, architectural, and legal fees.
1986
73-23-3 Duties and powers of Division of Water Resources.
For purposes of this chapter, the Division of Water Resources:
(1) shall provide for the construction, operation, and maintenance of the West Desert Pumping Project;
(2) may enter into agreements as necessary to provide for all or any portion of the West Desert Pumping Project, including any indemnification agreements required by the federal government;
(3) may acquire land or any other property right by any lawful means, including eminent domain;
(4) is exempt from Title 63, Chapter 56, the Utah Procurement Code; and
(5) may proceed without obtaining water right approval
from the state engineer.
1986
73-23-4 Legislative findings.
(1) The Legislature finds that the West Desert Pumping Project was implemented as an emergency flood control project. The project was undertaken, specifically, to protect critical public facilities and, more generally, to abate an imminent threat to life, health, and property.
(2) The Legislature finds that the level of the Great
Salt Lake can be lowered by implementing a long-term program
to develop waters upstream of the lake. A water development
program will have other beneficial uses, including the provision
of municipal and industrial water to meet the needs of the
state's growing population.
1988
73-23-5 Interim committee study responsibilities of Division of Water Resources.
The Division of Water Resources shall:
(1) evaluate the first year's operation of the West Desert Pumping Project;
(2) define the operational range and limitations of the West Desert Pumping Project as an emergency flood control project;
(3) assess the feasibility of developing a cooperative ownership, operation, and maintenance plan for the project with public and private entities;
(4) identify long-term water development opportunities upstream of the Great Salt Lake; and
(5) report their findings to the Energy, Natural Resources
and Agriculture Interim Committee before October 1, 1988.
1988
73-23-6 Use of certain remaining construction funds.
The division may use up to $25,000 of the remaining West
Desert Pumping Project construction funds to conduct the
activities specified in Section
73-23-5
.
1988
