73-32-203. Relationship to other state agencies.

325 words·~1 min read·/ut/title-73/chapter-32/73-32-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2023

(1)A state agency shall cooperate with the commissioner, including providing information to the commissioner, to the extent not prohibited by federal or state law, at the commissioner's request.

(2)To the extent not prohibited by federal law and notwithstanding any other provision of state law, the commissioner may require a state agency to take action or refrain from acting to benefit the health of the Great Salt Lake to comply with the strategic plan.

(3)This chapter may not be interpreted to override, substitute, or modify a water right within the state or the role and authority of the state engineer.

(a)This Subsection

(4)applies if:

(i)the commissioner determines that an action or failure to act by the Department of Environmental Quality may negatively impact the health of the Great Salt Lake, as established by the strategic plan; and

(ii)the Department of Environmental Quality refuses to act or refrain from action because the Department of Environmental Quality believes it would jeopardize a delegation agreement entered into by the Department of Environmental Quality with the United States Environmental Protection Agency.

(b)If the conditions of Subsection (4)(a) are met, the commissioner shall inform:

(i)the governor;

(ii)the speaker of the House of Representatives; and

(iii)the president of the Senate.

(c)The Department of Environmental Quality may inform the governor, the speaker of the House of Representatives, and the president of the Senate of the need for the Department of Environmental Quality to take the action or refrain from the action described in Subsection (4)(a) .

(d)The governor may review the information provided under this Subsection

(4)and take action to resolve the issue raised by the commissioner under Subsection (4)(b) .

(e)If the conditions of Subsection (4)(a) are not met, the Department of Environmental Quality shall comply with Subsection

(2).

Enacted by Chapter 205 , 2023 General Session