PROVO, Utah — A controversial proposal to dredge Utah Lake and build a series of islands on it is now in the hands of a judge.
Fourth District Court Judge Christine Johnson heard arguments on Tuesday in Lake Restoration Solutions' lawsuit against Utah's Division of Forestry, Fire & State Lands.
"We’re moving for dismissal on all claims," said assistant Utah Attorney General Mike Begley.
Lake Restoration Solutions is suing the division for rejecting their permit application for the multi-billion dollar project. The state has deemed the project would be "detrimental to the citizens of Utah" and would not pass constitutional muster. Begley argued the division acted properly in rejecting LRS' proposal.
"Specifically, exercises statutory duty not to dispose of sovereign land if the disposal interferes with the public trust," he said.
Lake Restoration Solutions proposed the idea of dredging the lake to help with environmental concerns and using some sediment to build islands for housing, habitat and recreation. But the Division of Forestry, Fire & State Lands and Utah Dept. of Natural Resources Director Joel Ferry rejected the proposal.
The company's attorney, Stewart Peay, argued that the rejection ignored a new set of state laws passed by the legislature governing Utah Lake.
"The question is not whether or not Utah Lake needs significant restoration. The question is not whether or not the Utah legislature has the financial ability to pay for that. They don’t. They have said the division needs to consider private opportunities," said Peay.
But Judge Johnson questioned Peay if some of their claims were a little late to bring forward.
"You’re saying the findings were wrong now, but my question was that issue preserved before? Were those findings disputed before?" she asked.
"We said you, division, you’re using the wrong legal context. As a result, your findings are incorrect. We’re not saying here’s what the findings should have been. You’re using the wrong rules of the game. They’re trying to use a different set of rules than the state legislature and Utah State Supreme Court have set out," Peay replied.
Judge Johnson did not issue a ruling on Tuesday but said one would be issued in the near future.
