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Natural Resources, Agriculture, and Environment Interim Committee

MINUTES OF THE

NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT

INTERIM COMMITTEE

Wednesday, May 20, 1998 - 9:00 a.m. - Room 303 State Capitol



Members Present:
    Rep. Bradley T. Johnson, Cochair
    Sen. Alarik Myrin, Cochair
    Sen. R. Mont Evans
    Sen. Joseph L. Hull    
    Rep. Craig W. Buttars
    Rep. Mary Carlson
    Rep. Beverly A. Evans
    Rep. Tom Hatch
    Rep. Dennis H. Iverson
    Rep. Evan L. Olsen
    Rep. Jordan Tanner
    Rep. Daniel H. Tuttle


Members Absent:
    Rep. Michael R. Styler
    Rep. Bill Wright

Members Excused:
    Sen. Craig A. Peterson
    Rep. Melvin R. Brown

Staff Present:
    Ms. Constance C. Steffen,
        Research Analyst
    Ms. Jeanenne B. Larson,
        Associate General Counsel
    Ms. Joy L. Miller, Secretary


    Note:    A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.
    

1.    Committee Business - Chairman Johnson called the meeting to order at 9:10 a.m.

     MOTION: Rep. Anderson moved to approve the minutes of April 22, 1998. The motion passed unanimously. Sen. Evans and Reps. Evans and Hatch were absent during the vote.

2.    Great Salt Lake Management Plan - Mr. Jim Carter, Department of Natural Resources, distributed handouts regarding the Great Salt Lake management planning project and the operation of the West Desert pumping project. He said that a department team has been put together to prepare a management plan for the Great Salt Lake. Planning objectives address long-term stewardship of the lake and the allocation and management of sovereign resources.

    Mr. Carter discussed the operation of the West Desert pumping project. He showed a map of the West Desert area and reviewed the physical factors affecting project operations which include water supply to the pumps, water return to the lake, and salt deposition in the West Desert. Operation of the West Desert pumping project is dependent on the approval of the Air Force, because the water is pumped onto the Hill Air Force Base bombing range. The U.S. Army Corps of Engineers may also have some concerns with pumping operations, and it may be necessary to revise the project's environmental impact statement to examine the effects of pumping on the salinity of the lake. The cost to start the pumps is estimated at $450,000, and the

annual operating expenses are expected to be $1,750,000. Utilization of the project at lake elevations of 4208 feet and higher would have the pumps operating approximately 10 out of 100 years. Utilization of the project at lake elevations of 4204 and higher would have the project in operation approximately 35 out of 100 years. If or when the pumps are started, they should be operated through a full annual cycle to avoid precipitation and loss of salts in the West Desert Pond and then pumping should be evaluated again to determine whether it should continue through another year cycle.

    Mr. Carter discussed salinity changes in the Great Salt Lake. The north arm is becoming more saline and the south arm is becoming less saline. Some of the effects of the changes in salinity include decreased brine shrimp populations, increased salt toxicity to birds, higher rates of salt precipitation, and fundamental changes to the aquatic ecosystem.

    Mr. Clay Perschon, Division of Wildlife Resources, stated the division has been undertaking intense research out on the lake and has found that the decrease in salinity on the south arm of the lake is not healthy for brine shrimp populations. It is possible that an increase in algae is also responsible for the decrease in the brine shrimp population.

    Mr. Larry Anderson, Division of Water Resources, indicated the division expects the south arm of the lake to rise to 4203.5 feet. He pointed out that the West Desert pumping project was built as an emergency flood control project, not as a lake management project. Most of the water that comes into the lake flows into the south arm. The majority of the water is becoming fresher. He noted there are no proposed dam projects on the Jordan or Weber Rivers. Dams on the Bear River would have a minimal impact on the level of the lake.

3.    Current Water Quality Issues in Utah - Mr. Don Ostler, Division of Water Quality, explained the Clean Water Act requires states to report biennially to Congress on the status of their waters and make a list of impaired waters. Total Maximum Daily Loads (TMDLs) are required to be derived for all impaired waters. A TMDL provides a number that can be used as a target for pollution reduction. Once a TMDL is established, a plan is established to reduce pollution. He noted that although point source pollutants are pretty well controlled in Utah and the nation, there is not a lot of control for nonpoint source pollution. Utah has 467 impaired water bodies that will require plans to control TMDLs.

    Mr. Ostler pointed out that the western governors support TMDL requirements and encourage the Environmental Protection Agency (EPA) to allow states to have flexibility and sufficient time to accomplish the requirements. The governors advocate the use of incentive based approaches and voluntary actions to control nonpoint source pollution.

    Mr. Ostler reviewed EPA's draft strategy for animal feeding operations (AFOs) and confined animal feeding operations (CAFOs). EPA has estimated that there are approximately 6,600 CAFOs and 450,000 AFOs nationwide.

    Mr. Bob Walton, Sierra Club, indicated a large increase is planned in the number of CAFOs. He said the state needs to take a serious look at these operations to learn more about their impact on the environment.

    Mr. Ostler stated there has been a great deal of controversy relative to the Circle Four hog operation in Milford. There has been a significant regulatory effort to protect surface and ground water. The state has not allowed any surface water discharge from the operation, and there is no runoff from the operation's property. Animal waste is conveyed through a pipe into a waste lagoon. The lagoons are designed to have no discharge to surface waters. Most of the farms in question are located far from surface water sources. Mr. Ostler noted, however, that odors can be a significant problem. Currently there is no requirement as to how close one of these facilities can be located to an existing structure. The issue of financial assurance is also important to allow proper closure of these facilities.

    Mr. Art Eggertsen, Executive Director, Responsible Agriculture Campaign, stated he also has concerns about the Circle Four operation. He said these operations are an emerging issue at the national level. There is currently legislation in Congress that is calling for a ban on the lagoons, because they consistently fail. There are many questions that surround the problem of evaporative pollutants contaminating surface water. Some experts have indicated the evaporation from the lagoons in southern Utah could saturate a 16 mile radius with nitrates which would affect sensitive water resources, including the Virgin River.

     MOTION: Sen. Evans moved to adjourn the meeting at 11:55 p.m. The motion passed unanimously.



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