Nestman v. South Davis County Water Improvement District

CROCKETT, Justice:

Plaintiffs sue the South Davis County Water Improvement District for damages caused to their home and its contents by flooding when the defendants’ reservoir gave way. Upon stipulated facts the district court rendered judgment against the defendant District in the amount of $5,-675.00.

The sole issue presented for determination on this appeal is whether the defendant Water District is protected from liability on the ground of sovereign immunity.

The defendant was created as a water improvement district in 1955 pursuant to Chapter 6 of Title 17, U.C.A.1953. Between that date…