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PROVO CITY v. LAMBERT

No. 14023.

545 P.2d 185 (1976)

PROVO CITY, a Municipal Corporation of the State of Utah, Plaintiff and Respondent, v. Hubert C. LAMBERT, State Engineer of the State of Utah, Defendant and Appellant, Provo River Water Users Association, a corporation, et al., Intervenors and Appellants.

Supreme Court of Utah.

January 7, 1976.

Attorney(s) appearing for the Case

Jackson Howard, Howard, Lewis & Petersen, Provo, for plaintiff and respondent.

Vernon B. Romney, Atty. Gen., Dallin W. Jenson, Asst. Atty. Gen., Salt Lake City, for Lambert.

Joseph Novak, Salt Lake City, for Provo River Water Users Association.

James B. Lee, Salt Lake City, for Kennecott.

Roger F. Cutler, Salt Lake County Atty., Roy L. Montgomery, Assistant Salt Lake County Atty., Salt Lake City, for Salt Lake.

Edward W. Clyde, Salt Lake City, for Central Utah Water Conservancy Dist.

TUCKETT, Justice:

The plaintiff, Provo City, filed this action in the District Court of Utah County seeking to set aside or modify certificate of appropriation No. 3686, which was issued by the state engineer on May 3, 1949. The state engineer answered claiming that the action of Provo City is barred by Section 73-3-14, U.C.A. 1953, as amended. The defendants other than the state engineer intervened with permission of the court, and thereafter joined with the state...

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