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Show 118 issued an opinion to him stating that, because the State has proprietary and governmental jurisdiction over the waters and bed of the Lake and all activities conducted there, it was doubtful that anyone could successfully question the State's right to require Southern Pacific Transportation Company to modify the causeway " to protect the public interest." He added that, although there would be no " right" to compensation involved, the State could elect to pay full or partial compensation to Southern Pacific for the costs of modifying the causeway. He also indicated that many legitimate navagational functions, such as pleasure boating, waterfowl hunting, brine shrimp harvesting, bird study, scientific study, law enforcement patrol and rescue operations could be served by enlarged openings in the causeway. The Attorney General then recommended that the matter be referred to the Legislature to obtain a legislative declaration of policy concerning compensation for costs of modification. This matter and that concerning whether the modification would advance the overall interests of the State were referred to the Legislature, which determined that more research was needed to evaluate the ultimate affect of modifying the causeway. The Utah Geological and Mineral Survey identified the same lack of information. During 1973 the Legislature passed House Joint Resolution No. 12 which directed that a study be undertaken to prepare a comprehensive plan for the Lake including a consideration of the causeway problem. The information found here is taken largely from the resulting study. Effect and Possible Futures of the Causeway A review of the past changes and possible futures of the Lake are |
