Council approves fiscal agency agreement to advance Boyer Dam rehabilitation planning

Summit County Council voted July 16 to act as fiscal agent for state and federal dam-safety grants that will fund planning and design for the Boyer Dam rehabilitation on Boyer Lake in Chalk Creek Canyon.

Brandon (presenter) and Ben Merritt from the Utah Division of Water Resources told the council the Boyer Dam is listed among high-hazard dams and was selected for funding to bring the structure into compliance with safety requirements. The presenters said the planning and design phase for repairs — to address sinkholes on the south dam, seepage at the north dam abutment, spillway updates, riprap, and an updated Emergency Action Plan — will be covered 100% by a combination of a federal High Hazard Potential Dam grant from FEMA (approximately 65% of project cost through the grant) and a state dam safety grant covering the remaining 35% for planning and design. The presentation said the FEMA-related grant award to the project would be about $1,100,000.

Ben Merritt described why county involvement is required: FEMA rules for the grant require local government participation and an entity capable of administering funds. "As per FEMA's requirements on the grant, we're required to have local government involvement, particularly as a fiscal agent on the project," the presenter stated. County staff and attorneys reviewed a fiscal agency agreement that will allow the county to receive grant funds and pass them to the Chalk Creek/Trout Creek/Boyer irrigation company that operates the dam. The presenters emphasized the action under consideration was only to approve the fiscal agency agreement and validate local commitment for FEMA eligibility; it would not transfer fee title or affect other earlier suites of agreements about land acquisition.

Council members clarified fiscal details and administrative compensation. County staff said the county, as fiscal agent, may retain up to 5% of the FEMA grant funds for administrative reimbursement; staff estimated 5% of the FEMA portion would be roughly $35,000 on an as-accrued basis. The presenters also noted that the county's validation of eligibility was needed by July 31 under the grant schedule; council approval of the fiscal agency agreement met that requirement. "We need to validate eligibility of the project by July 31 and that could be done by having the agreement signed or by having a notice of intent for the county to enter into an agreement," a presenter said.

A motion to approve the fiscal agency agreement between Summit County and the Utah Department of Natural Resources for Chalk Creek/Trout Creek (Trout Creek/Boyer) irrigation company was made by Chris Robinson, seconded by Meghan McKenna, and carried unanimously by voice vote. The action authorizes county staff to execute the fiscal agreement and begin administering grant funds consistent with FEMA and state requirements for the planning and design phase.

Presenters and council members stressed that the work at this stage is design and planning to avoid future operational restrictions (for example, fill restrictions) and to protect downstream residents if the dam condition were to worsen; presenters said the dam currently undergoes regular state safety checks and is not imminent to fail but needs improvements to avoid operational limits that would affect local water users.