A guest essay by Will Falk
For 11,000 years, The Great Salt Lake and its wetlands have provided habitat for hundreds of species. Today, nearly 350 bird species-- totaling more than 10 million migratory birds-- depend on this ecosystem for food like brine flies and brine shrimp.
In the mid-1800s, agriculture began reducing the Great Sale Lake's water levels. Today, 74% of this water loss comes from irrigating for alfalfa and other crops, mineral extraction (nine percent), and lawns and decorative plants (another nine percent). Reduced mountain runoff and increased evaporation from climate change account for the remaining recorded water loss. (Utah houses dozens of data centers, and at least one covers 1.5 million square feet. Data centers guzzle water to keep their computers cool-- and yet data about their water consumption in Utah is not readily available.)
The Lake has lost 60% of its surface area and 73% of its water. It measures nineteen feet below healthy water levels. As its surface area shrinks, toxic dust (previously trapped on the lakebed) is exposed, causing significant air pollution. As water flows into the Lake dwindle, salinity increases, harming brine fly and brine shrimp populations.
Since 2020, drying of the Lake has increased. Annually, the Lake averages a deficit of 1.2 million acre-feet of water. Simply put, we take more from the Lake than is replenished. Researchers predict that if this rate of loss continues, The Great Salt Lake will disappear in five years.
Utah's legislative efforts to sustain the Lake
Utah's State Legislature has ostensibly passed laws to address the Great Salt Lake's accelerating water loss. 2022 House Bill (HB) 410 created a $40 million trust "to implement projects"that retain or enhance water flows to sustain the Great Salt Lake; to improve water quality and quantity; and to engage agricultural producers, local landowners, local planning authorities and others to support the Great Salt Lake."
HB 242 requires secondary water providers to install meters by 2030.
Neither law forces cuts in consumption-- while researchers assert that to reverse its decline, "the Lake needs an additional million acre-feet (of water) per year."
Indeed, saving the Great Salt Lake requires water consumers to cut their consumption immediately and drastically. Utah's water laws, based on the "Doctrine of Prior Appropriation," fall 90% short. Legally, the first person who uses the water "beneficially" holds the right to use it over subsequent users. The law also states that a water rights holder loses her rights when she fails to put the water to "beneficial use." Historically, "beneficial use" has meant diversion and irrigation. Typically, conserving water is considered wasteful, and leads to forfeiture of water rights.
In 2022, Utah passed HB 33, "Instream Water Flow Amendments." This law expanded the definition of "beneficial use" to include leasing water rights to organizations that return water to the Lake; but HB33 does not mandate conservation. It is highly unlikely that enough water rights holders will allow water to flow back to the lake so that its good health is restored. For 150+ years, water rights holders have adhered to a "use-it-or-lose it" mindset. To survive, the region's agricultural businesses will continue to prioritize profits"and consume water.
Utah law also treats the Great Salt Lake as property, not a living ecosystem with inherent rights to exist and evolve naturally. Property-owners hold rights to consume and destroy their property. Property itself possesses no rights.
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