Timpanogos Planning & Water Management Agency v. Central Utah Water Conservancy District

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…