SALT LAKE CITY — A judge has refused to reject a lawsuit against the state of Utah that accuses leaders of not doing enough to save the Great Salt Lake.
Third District Court Judge Laura Scott ruled that a coalition of environmental groups can proceed with their lawsuit, denying the state’s request to dismiss the litigation. In her ruling, she questioned the state's willingness to protect the lake under the "public trust doctrine," which is a legal principle that says natural resources are held for the benefit of the public.
The judge also appeared to criticize the state for suggesting in arguments last year that the state had the power to divert all water from the Great Salt Lake.
"It may be that the State's voluntary efforts satisfy their public trust duties because they are the only feasible means available to it. If that is the case, the State Defendants may be correct that a declaration that the water of the Great Salt Lake is part of the public trust would not have any effect on the State's future actions. But given the State's refusal to acknowledge any duty with respect to the waters of the Great Salt Lake and its mistaken belief that it can dredge and fill it if it wants to do so, the court is not persuaded that Plaintiffs would not be afforded any relief through the exercise of its common law power or that their declaratory judgment claim is otherwise not redressable," Judge Scott wrote.
But she also rejected the environmentalists’ request to block upstream water diversions.
"The court concludes that Plaintiffs' request for a declaratory judgment requiring the State Defendants to 'review all existing water diversions from the Great Salt Lake watershed' and modify any diversions that are inconsistent with the restoration and maintenance of the [Great Salt] Lake at 4,198 feet may violate the political question doctrine," Judge Scott said, referencing a section of law on whether something is best decided through legislative action versus an issue for the courts to decide.
Some of the plaintiffs in the lawsuit told FOX 13 News they were thrilled with the judge's ruling.
"This is a huge victory for all Utahns who not only want to see the Lake exist for current and future generations to enjoy but also because taxpayers are sick of the state’s failures to keep the Great Salt Lake Great," Zach Frankel, the head of the Utah Rivers Council and a plaintiff in the lawsuit, texted FOX 13 News.
The environmental groups said they looked forward to taking the case to trial.
"By rejecting Utah’s attempt to kill our case, Judge Scott has given the Great Salt Lake a fighting chance at survival," Deeda Seed of the Center for Biological Diversity and another plaintiff, told FOX 13 News. "This is a welcome bit of good news, even though the Great Salt Lake is still in crisis with no meaningful plan to fix it. A critically important ecosystem hangs in the balance, as well as the health of all the people and animals who are part of it."
Utah's Department of Natural Resources said it was disappointed, but committed to saving the Great Salt Lake.
"Utah remains unwavering in its commitment to maintaining the health of the Great Salt Lake. Today’s decision wasn’t all we hoped for, but we still ultimately believe Utah’s collaborative approach will prevail in court as this case continues, because it is critical in getting the lake to a healthier range for generations to come," the agency told FOX 13 News in a statement.
In September, Judge Scott — who is specially appointed by the Utah State Courts to resolve cases involving complex water litigation — heard arguments over whether the lawsuit should proceed.
The environmentalists' litigation came about after continued frustration with Utah political leaders' actions to get water into the Great Salt Lake. The Utah legislature has passed a series of conservation-minded bills and spent over $1 billion on efforts designed to reverse the lake's declines and save water statewide. But environmentalists argue the state took very few concrete steps, instead relying on a series of record-breaking winters to prop up the lake.
Read the judge's ruling here:
This article is published through the Great Salt Lake Collaborative, a solutions journalism initiative that partners news, education and media organizations to help inform people about the plight of the Great Salt Lake—and what can be done to make a difference before it is too late. Read all of our stories at greatsaltlakenews.org.
