(Download) "Timpanogos Planning and Water Management" by Supreme Court Of Utah ~ Book PDF Kindle ePub Free
eBook details
- Title: Timpanogos Planning and Water Management
- Author : Supreme Court Of Utah
- Release Date : January 10, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
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, L. 1983, ch. 350, § 1, the legislature provided for the appointment to be made by the board of county commissioners of a single county district and by the Governor with the advice and consent of the Senate in multi-county districts. Inasmuch as six of the court-appointed directors of defendant Central Utah Water Conservancy District (CUWCD) are presently serving, and their terms do not expire until 1985, there is a justiciable controversy, and the constitutionality of section 73-9-9, prior to its amendment, must be decided. In addressing this issue, our role as interpreters of the law dictates that we afford the statute every presumption of validity, so long as there is a reasonable basis upon which both provisions of the statute and the mandate of the constitution may be reconciled. Murray City v. Hall, Utah, 663 P.2d 1314 (1983); Matheson v. Ferry, Utah, 641 P.2d 674 (1982); Zamora v. Draper, Utah, 635 P.2d 78 (1981).