TIMPANOGOS PLANNING v. CENTRAL UTAH WATER

No. 19482.

690 P.2d 562 (1984)

TIMPANOGOS PLANNING AND WATER MANAGEMENT AGENCY, a Utah Interlocal Co-operation Act entity, et al., Plaintiffs and Appellants, v. CENTRAL UTAH WATER CONSERVANCY DISTRICT, a Utah water district, et al., Defendants and Respondents.

Supreme Court of Utah.

October 10, 1984.


Attorney(s) appearing for the Case

James S. Jardine, Kent H. Murdock, John A. Adams, Salt Lake City, for plaintiffs and appellants.

Edward W. Clyde, Salt Lake City, for defendants and respondents.

Merlin K. Jensen, Douglas A. Taggart, Ogden, for Weber Basin.

Hugh W. Colton, Vernal, for Uintah.

Therold N. Jensen, Price, for Carbon.


HOWE, Justice:

Plaintiff Timpanogos Planning and Water Management Agency and others brought this suit to have U.C.A., 1953, § 73-9-9, as constituted prior to its amendment in 1983, declared unconstitutional on the ground that it violated the separation of powers mandated by Utah Constitution article V, section 1. The statute provided for the appointment of boards of directors of water conservancy districts to be made by the district court. By its 1983 amendment...

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