Tracy v. Peterson

WOLFE, Chief Justice.

Action by the appellant, State Engineer,, to recover delinquent assessments made by him against certain, water users of the Sanpitch River and its tributaries for the years 1950 and 1951 in order to help defray the salary and expenses of the water commissioner of that river. Before the trial the suit was either dismissed or discontinued against all the defendants except the three- respondents. From a judgment rendered in favor of the respondents on the. ground that the assessments were void, this appeal is brought.

The Sanpitch River rises in the north end of Sanpete…