Utah committee backs draft bill letting state raise Great Salt Lake causeway berm temporarily

Representative Jill Colfer, sponsor of draft Great Salt Lake amendments, told the Natural Resources, Agriculture and Environment Interim Committee on Aug. 20 that the bill “allows the berm to be raised at, to 41 92 feet when needed” to prevent dangerous salinity spikes in Gilbert Bay. The committee voted to support the draft legislation after public comment and discussion; Representative Snyder moved the motion to support the draft legislation and the motion carried with one recorded no vote.

The bill as presented would give the Division of Forestry, Fire and State Lands more explicit authority to use the adaptive-management berm on the Union Pacific causeway to balance salinity and water-level objectives. Representative Colfer said the measure does not mandate raising the berm but would permit the division to raise it if necessary to protect brine shrimp and brine-fly habitat. She told the committee the draft also would require a plan and timeline to lower any raised berm “within 18 months,” and said the division would be required to consult with the Great Salt Lake commissioner before firm modification.

Supporters at the committee said the berm has helped prevent sudden salinity spikes and supported wildlife and industry in the recent low-water period. Representative Colfer said raising the berm to 4,192 feet is “one of the most effective tools we have in our toolbox” and argued the change updates law to reflect improved monitoring and capabilities. Senator Sandell, who represents communities close to the north arm, said he supports cautious use of the tool and emphasized he “would never vote for anything that would permanently damage or disable” the north arm.

Public commenters urged caution and asked for dust mitigation and monitoring provisions. Carmen Valdez of HEAL Utah urged the committee to “use caution” and said shifting water could move dust impacts to new communities. Lauren Griffith, a private resident, asked that the legislation include dust-mitigation strategies and suggested temporary shallow re-wetting as a possible mitigation tactic. Alta Fairborn of Utah Rivers Council said the draft “is not a solution to saving the lake” and warned it could be “an escape hatch for failed leadership” if broader water-supply and conservation actions are not taken. Online commenter Joan Gregory asked the committee to add explicit language that the berm “shall not be raised permanently.”

Committee action: Representative Snyder moved that the committee support the draft legislation; the motion passed and the committee will recommend consideration of the draft during a potential special session. The bill text and staff presentation remain available to committee members and the public; Representative Colfer and staff said additional refinements and outreach will continue in September ahead of any special session.

The draft leaves in place a statutory requirement that the division develop a plan to lower the berm after it has been raised, and Colfer told the committee that lines 91–93 of the draft “talk very specifically about the berm management” and that the division “shall have a plan to schedule to lower the adaptive berm by no later than 18 months after raising the berm.” The committee hearing also clarified a separate regulatory threshold used by mineral producers: Ben Stierman, director of the Division of Forestry, Fire and State Lands, told the committee the mineral-production threshold in voluntary agreements is 4,193 feet, and that the draft legislation’s mechanics are not intended to change that regulatory feature.

What’s next: The sponsor said the special session is not yet scheduled and stakeholders will continue to be consulted. The committee’s recommendation places the draft among measures the legislature may consider at a later date.