Bacon, State Engineer v. Plain City Irr. Co.

ELIAS HANSEN, Chief Justice.

Plaintiff, the state engineer of the State of Utah, brought this action to recover judgment for assessments levied against the defendant for the purpose of securing funds with which to pay a water commissioner of Ogden river, who, it is alleged, regulated and distributed waters of that river to those entitled to the use thereof during the years 1928, 1929, and 1930. Laws of Utah 1925, c. 100, provides that:

“Wherever in the judgment of the State engineer, or the district court, it is necessary to appoint a water commissioner, or deputy commissioner for the…