• The bill updates tax rules for mineral extraction.
• It revises management policies for the Great Salt Lake.
• The Great Salt Lake Commissioner gains new responsibilities.

February 9, 2025 — A new bill introduced in the Utah Legislature, H.B. 446, focuses on the management and regulation of the Great Salt Lake. Sponsored by Representative Jill Koford, the bill modifies several existing laws regarding mineral extraction, taxation, procurement rules, and environmental oversight.

Key Provisions.

Mineral Extraction and Taxation.

The bill updates how taxes are assessed on metals, minerals, and metalliferous compounds extracted from the Great Salt Lake. It clarifies the valuation of these resources for severance tax purposes and establishes rules for determining taxable values when minerals are sold, shipped, or otherwise disposed of.

H.B. 446 also defines how royalty agreements will be structured for the extraction of elements such as lithium and other minerals found in the lake’s brine. It introduces incentives for using non-evaporative methods in mineral extraction and prioritizes applicants who use technologies that minimize water depletion.

Lake Management and Environmental Protections.

The bill outlines new responsibilities for the Utah Division of Forestry, Fire, and State Lands in managing the Great Salt Lake. It directs the division to develop a comprehensive management plan that accounts for fluctuating water levels, migratory bird habitats, wetland preservation, and dust mitigation.

One of the bill’s provisions allows the division to build and maintain infrastructure related to protecting the lake and adjacent wetlands. It also mandates an analysis of salinity management needs within the lake’s boundaries.

Role of the Great Salt Lake Commissioner.

The bill expands the powers of the Great Salt Lake Commissioner. The commissioner will be responsible for overseeing strategic plans for the lake’s health, monitoring water levels and salinity, and coordinating with state agencies. The bill also allows the commissioner to negotiate agreements to acquire or lease water rights for the lake, with specific exemptions from procurement regulations.

Adaptive Management Berm Adjustments.

H.B. 446 changes how Utah manages the adaptive management berm in the Union Pacific causeway breach. The division must consult with the Great Salt Lake Commissioner before modifying the berm and follow a plan to lower it within 18 months after raising it.

No Appropriation of Funds.

The bill does not allocate new funding. Any financial impact would come from existing budgets or future appropriations.

Next Steps.

If passed, H.B. 446 will take effect on May 7, 2025. It represents a continuation of Utah’s efforts to balance economic interests, environmental protections, and water conservation for the Great Salt Lake.

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Image:

Great Salt Lake at Great Salt Lake State Park, Utah, September 2010 by Acroterion.  Licensed under the Creative Commons Attribution-Share Alike 4.0 International license.

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