*1 levy,25 prosecute and made, institute actions some present- arrests' lot of claims commission,26 pros behalf of the trade ed to county and much advice some operation unlawful ecute of all litigation against county over claims the' pools and trusts.27 which he should attend I think en- to. it tirely
Though county attorney not re- outside of the reason bounds of quired bar, it hold be admitted to still compen- $10.00 duty county was the com- sation board of required, services and that compensation salary-could missioners to make his suf- such a have other effect competent person destroy ficient induce to ac- than to the office and render it cept perform capable officeand there- the duties of being county. value efficiently. salary If the was fixed so WOLFE, J., participate C. does not they expect competent low because do not herein. services, purpose then their fixing destroy
so low is to be office
bothered with such an officer. plaintiff
material here whether this ef-
ficiently performed any services or not. duty
It was the board’s
to fix reasonable
compensation
services
about exceedingly abiding
population is law county unusually business small, county duties
reading of attor- compensation
ney very clear that makes discharge of that of-
for the the duties many nom- would amount times the
fice sum bound
inal allowed. There 50-1-9, 27. Sec. U.C.A.1953. U.C.A.1953.
25. Sec. 59-9-9 See. -U.C.A.1953. *2 plaintiff.
George Handy, Ogden, B. Olmstead, Howell, Ogden, Stine & Wm. Clearfield, King, H. for defendant. WADE, Justice.
Plaintiff, Barlow, taxpayer a resident and Clearfield, of defendant third-class County, petitions this Davis court against that defendant writ Conservancy Water Basin Weber plants, lines performing a filtration water enjoining constructing them from whereby district under- facilities for the de- between them and other treatment and right city perpetual culinary municipalities. supply livery takes to water to overwhelmingly use The vote favor con- propositions Plaintiff claims both and December annum. on and the The writ was issued entered into tract is void. the contract raising filed their without defendants return the United since then has States and writ praying that the issue of fact proceeding for the bond issue petition recalled and the dismissed to contract for the sale fails a claim which relief can rights project. to state to be created under such granted. project contemplates appropri- August Congress authorized culinary, irriga- On ation and conservation to construct the the Bureau Reclamation tion and the Weber other beneficial use of Project in a re- system’s Weber Basin as outlined unappropriated River remaining port by Regional of the Bureau Director waters. The natural flow of the waters Department of Reclamation to the of In- widely system is erratic and fluctuates July terior dated Thereafter the year, from season to season and *3 District, Conservancy Weber Basin Water very large spring with a great- run-off and Weber, encompassing Morgan ly Davis and reduced the during other seasons of flow Summit, Counties most of and was or- year. century the Before turn of the ganized Conservancy under the Utah Water of except spring most the flow for Act,1 to conserve the waters of the Weber mostly floods had appropriated for River contracting and its irrigation crops tributaries of of re- but because with the United dry States for the years crop construction occurrence of were failures project of such selling and consumers uncommon. To correct this situation rights thereby by storage created and reservoirs were constructed on appropriate system 6, actions. On beginning December in with the East 1952,an throughout election the district Canyon was Reservoir enlarged which was in held to authorize the district to enter 1916, into and the construction in 1929 such contract with the United States for Echo Reservoir and the Pineview Reser- project the construction of the at the overall 1936, voir in which with several smaller ones $70,385,000, $57,694,000 cost of which 150,000 storage capacity have a combined repaid by would be district in annual in- present average acre-feet. At an year period, stallments a 60 over and to is- per cent about 60 of the total make of the $6,500,000 sue in bonds to finance the -cost system utilized; is other 40 cent Chapter 1953, 73,
1. See Utah Code Annotated Title 9. the mouth aqueduct Lake struction of an Salt the Great to waste into runs to the Canyon of Weber eight about miles often run-off, spring and winter during the Ogden, causing north onto the bench lands south of and banks flooding the river over mouth of that and one the south of the great damage. canyon for Bountiful about 23 miles to de- highly is a Weber Basin area The contemplated, new is several together with in section industrial veloped and agricultural canals, pumping infiltration gravity plants, rapidly. increasing population plants water with transmission municipalities requiring about There many lines municipalities to the various supply culinary water additional other features. development, each growth and normal provided by As law2 on October lines proceeding along same petitioned Clearfield for allot- additional as Clearfield to obtain such water 1,000 ment it an- acre-feet of water outcome supply and is interested nually. it hearing, After was noticed for Nearly all the land under culti- action. plaintiff objections filed written supplemental supply requires a vation petition granted resolution of its undeveloped land for much there is only Board of Directors November available water. This is lack of petition This granting resolution from which such water can source available plaintiff constitute the contract which seeks supplied. nullify. Further details of this contract contemplates construction project The will be noted later discussions. en- reservoirs five new of at least plaintiff contends that the 418,000 all, acre-feet In two. largement void because: contemplated capacity is storage of new requires It specified supply for useful water with an increase annually whether for or calls average of heads canal the area at uses all or of the water allotted to annually, of which acre-feet 285.000 it, thereby loans credit irrigation used acre-feet will be the district contrary'to Article municipal purposes. 40.000 Constitution Utah.3 supply to season full expected to *4 70,400 acres, acres 2. The 100,400 including terms of the contract are irrigate so un- con- unirrigated. they reasonable that lands now void. of new 73-9-17, U.O.A.1953. subdivision of the State to lend 2. See section its credit or subscribe to stock or bonds in aid of Utah, 6, Article section 3. Constitution : n “The any railroad, telegraph Legislature provides private 31, shall or other any city, State, county, corporate enterprise or individual or or authorize un- dertaking.” political township, town, or other district per year by is allotted 3. The contract creates a debt year current in for the average excess of the taxes presently in majority of the approval year without the a satisfy re- more than enought to city, it creates taxpaying quirements. voters of such con- right For this water city’s per in cent of the requires $20,500 a debt excess of 12 tract an- payment total provisions contrary to the nually assessed valuation years for the in which wa- first three of Article sections and 4 of the Consti- ter by ctiy, is available for use $22,500 these annually years, tution of Utah.4 We consider for the next three points in the order above stated: $25,500 annually years, for next four $31,000 annually thirty for next does not This contract years $15,000annually and of for the next city’s to the for loan of the credit District. twenty years, $1,461,000. making a total of The basis of this contention is that this provides It further that annual subterfuge contract is a which the specified paid “shall be whether not all or city purports purchase right a water * * * or of the water allotted thereby which has no use loans it by City”; credit to the called for or used District. Under the contract that indebtedness, exceeding per Utah, four Constitution of Article centum section provides: property in of the value of the taxable “No debt excess there- in, to be taxes for the shall value ascertained the last current be created by any county County purposes, thereof, assessment for State or subdivision or therein, by any previous incurring school district or of such indebted- ness; except incorporated city, village, in town or or cities subdivision State; proposi- the assessment shall be taken from the thereof in this unless the last debt, city purposes, provided, tion to create such shall have been assessment qualified part submitted to a vote of such that no of the indebtedness allowed paid as shall have electors tax section shall be incurred for this strictly county, year preceding city, therein, than town in the such or school elec- majority voting tion, purposes; provided further, of those there- incurring any city in favor have voted of the first on shall and second class provided debt.” such when authorized as in Section article, three of be allowed to Article Constitution larger indebtedness, incur to exceed provides: “When authorized to create per provided four centum and third as section 3 of indebtedness town, eight class, per county to exceed Article, shall no become in- additional, amount, including existing supplying an centum debted water, exceeding lights two centum. or town artificial indebtedness town, supplying sewers, city, works district or other when the school No water, light sewers, corporation, municipal shall become in- shall be owned existing municipality.” amount, including and controlled debted *5 424 pur “acquire, may city Under statute “no liabili- shortage the event of a water in water, any of or lease all or District, the chase or
ty against shall accrue shall have first shortage” ment to that the paid supply agents or faith to or substantial United shall not be reduced shortage allocations that the States, supply genuine need is more provide and that employees” portion city priority.” There is no will of water allotted or than against times of extreme during any not receive and use the allotted water a reasonable reserve provided for not of “periods of water municipal water that “the and to of such in officers, herein claim good pay- city or canals, ditches, artesian wells and they * * waterworks uct quired ty may appropriate, purpose * chase or lease such works streams or sources of “construct, domestic or connected [*] or operate *.”7 These statutes service sell purchase or lease providing water for system, waterworks, therewith, and deliver purchase “may city water water construct, useful * * supply clearly authorize * * or lease works, supply for the * surplus and maintain inhabitants * * * reservoirs, or irrigation, purposes; maintain springs, proper or not prod pur may re growth and de- and for drouth future acquire by any lawful means project velopment Since the reasonably satisfy its sufficient water to 418,000 pe anticipated probable acre- needs contemplates view the creation future riods of drouth and the normal capacity with an storage new feet of development city. It is growth and 285,000 acre- average annual increase expressly deliver to authorized to sell and heads, canal water for use at the feet of required by surplus product others 245,000 ir- which will be used for acre-feet clearly inhabitants, thus au or its rigation and sup reserve thorizing the municipal priority use has first growth and future ply emergencies and possibility of a shortage, times of development. there is no indication Since quite municipal water seems shortage of necessary greater than allotment that the that the Nor can we assume remote. reasonably anticipated future supply any part of this for or use fail call city, likeli or that there needs of the needs, or fail to advan- substantially more water will be hood others, possi- used, where dispose of to case of paid for than tageously credit, city’s but a fide lending bona con surplus which it does need. ble, any 7.See section U.C.A.1953. 4, U.C.A.1953. section See 10-7 — 10-8-18, U.C.A.1953. 6. See money supply for less culinary water water can obtained supply city’s tract any price. at other wise obtainable needs. project, large This is a it looks to the con- 2. The of the contract terms servation of all of the the Weber waters it void. To System, impossible not so unreasonable as River it would be *6 plaintiff cites the support his contention part of District to undertake the de- this with some additional velopment only discussed above terms water for its sufficient ones, city the does not wit: 1. That impractical require payment use and the the the water allotted. 2. That substantially need all pe- be made over a shorter though payment even annual is full riod. Water the is life stream of this territory by country, for or used or is un- western the is not called covered the water price is this district will growth 3. That the exorbitant have its stunted available. development par- without and that payments strung is That the are out and 4. ticularly true of this In view period. already of all long a have We over too these facts the terms are surplus supply merely the pointed out that not unreasonable. provide against reserve a reasonable growth the future periods and for drouth point question The last raises the although the full annual city and that the sixty whether the total of the installments full whether the payments be made must ais “debt” or “indebtedness” of Clearfield quite 1,000. not, or acre-feet are used as those terms are used Article portion improbable that a substantial sections 3 and of our Constitution.8 Such Also the annual used. water will be total exceeds the taxes for the year current payment merely are stallments 12 and is more than cent the assessed payment the water allotted for valuation of the property taxable of the together all installments made but of the city, any possible so such total exceeds debt payment making the full constitute city can obligation incur. The available, and after permanently payments is created from the paid small sixty annual installments city approved by petition of the the District . repair costs will continue. operating and perpetual allotment of purchase price of the Periodic installments annually water for the use of property seldom are reduced account city, of the the inhabitants under which purchaser to use the by of the failure of shall levied annually “taxes be the Board purchased. to the claim article As upon of Directors of the District the proper- city provided ty within price high strung long out over too as adequate time, no claim that an Utah Code Annotated, 1953, there is as . 8. Seenote 4.
á26 * * * city The credit of the is not Utah Chapter Laws
amended
any
extended,
money
is de-
nor is
produce
an-
at a rate sufficient
*
* *
taxation
existing
rived
or
less
from
specified
amount
nual
*
* *
revenues,
expended,
revenue
sources of
paid
from water
purchase price or
cost
maintenance
Thereunder
other source.”
plant. The
cannot be coerced
collect
will distribute
any part
applying
general
into
of its
may
out of
use.
revenues for its
payment
pur-
voluntarily
revenue for
of the
from other sources
revenues and
price
plant
chase
installments
pay all
of the annual
part
thereof.”
cost of maintenance
and cannot
obligation
it assumes no
thereon.
payment
making
coerced into
In later cases we have limited this doc-
total
does
Under
circumstances
these
obligation,
so
as
“to exclude
trine
“debt” or
installments constitute
these
* * *
escape
where
cannot
?
“indebtedness” of
obligation
compelled
to make
payment,
though payment
even
be limited to
problems but
We have decided' related
special fund,
special
where the
fund is
In
directly
question.
never
decided this
meaning
than
debtedness’
risdictions
limitations
Barnes
it
bears
v. Lehi
much less
that the
*7
”
as used
municipalities
City,9
general
broad and
terms
we
usage.’
constitutional
held with
“
‘debt’
comprehensive
“
”
‘is
”
and ‘in-
We fur-
most
given a
“
debt
ju-
owned
In the event of failure
we
fund
Later,
refused
theory”
up
in Conder v.
of revenues from
to
city.”10
without which we said
apply
University
to
“restricted
pay
of
indebted-
Utah,11
special
"
*
[*]
now
said:
ther
obligation
ness the
would be
state
under no
“ *
**
a well-
appropriate money
has now become
general
from
taxes to
principle
pay
of law
these
recognized
obligation
it.
an
Such
is not a debt in
provisions
apply
contemplation
do not
of the
constitutional
constitutional limi-
* *
pur-
quoted
public property is
tations
and further
with
where
case
“*
*
constructed,
payment
approval
following:
If the
chased
made, exclusively
validity
special
from
be
fund
be
as-
therefor is
doctrine
sumed,
property.
by
from the
debt
derived
affected
revenues
constitutional
Fjeldsted
Ogden
321,
City,
278,
10.
created for putting obligations accomplishing and such resources of state incurred in stage purposes use. At this this un- them to a beneficial its debts14 statute development, when all the constitutional. the state’s and used little which can be diverted denied, permanent The writ is the alterna- appropriated, expense long has petition tive writ recalled and the dismissed. expenditure large sums will be party Each shall bear its own costs. accomplish purposes. Although the to brought lands which new McDonough crockett, jj., eventually will be irrigation cultivation and DUNFORD, and WM. STANLEY valuable, very they presently have little Judge, concur. legislature no this in mind the value. With Con- the creation of Water authorizing HENRIOD, (dissenting). Justice servancy them intended to make Districts Concededly permitted by the result limitations, require to free from debt one, opinion main is a desirable but I in- must be them assume the debts respectfully dissent as to the route and rea- purposes. accomplishing curred in arrival. There argument son of is no intentionally placed legislature against contention that water is our levy taxes on power duty District the blood, life and its economic conservation different the district and equal importance are vital. But of and use the costs of thereof to subdivisions requirement accomplishing our undertakes,, rather than projects which result, we should desired adhere consti- duties on place powers and fundamentals and refuse to tutional condone cities, govermental towns and other various designed subterfuge artifice or cir- limitations. which have debt subdivisions provisions relating cumvent constitutional greatly would be the districts Without governmental debt limits of local units. many instances would be hampered and in case, to me that in the instant we seems purposes. The accomplish their unable dulge arriving in a method of at a desired the water resources of this conservation Constitution, ignoring the essaying result importance growth to the vital is of state history geology projects and have the development of state concluding that it is constitutional because increasing its Since wealth. potentiality Apparently thing. filie and desired it is a provision which constitutional no there contra, that should we decide assume we creating legislature prevents Tygesen Magna Co., 503; v. Water P.2d Meiling, Utah 87 v. Lehi 14. See P.2d 127. 226 530; Water v. Carbon Patterick P.2d District, Conservancy Utah *9 promise (which be lost to sold to now involved would insure that such forever you you see) kept. and use Not do it. and now don’t desiring those to conserve Everyone ac- Everything proposed agrees could be that this done so. could not be public directly by complished through or even private a of the consti- corporation, opinion, stockholders tutional The main subscribing debt limit. how- ever, says circuity technique satisfies and users. requirements. say constitutional I would it, this case you No matter how slice satisfied, the Constitution has a analysis permits this: the last does circumvented, emasculated, has been unit, without vote of government local ignored. inhabitants, an an- apply to and receive decision, prevent After this what tois use acre water for nual feet of legislature eliminating constitu- who, vote, inhabitants, are bound without altogether by creating tional debt limitations to pay it. It allows the local unit to dummy board, any- promise authorized to creature, con- permit legislative thing proposed project, of a kind board, servancy promise to to power up promise and with back to produces, project and hence citizens, with an power absolute to tax local take unit to sit and allows local perhaps will, against their without their con- pay, advantage promise board’s sent and opportunity without voice creating any technical debt without their by suffrage? choice answer permits 3rd part of the It then prevent it, that there is nothing to and we statutory party rather than the lo- creature pages as well tear out the of the Consti- unit, tax inhabitants of the local cal tution relating to debt local limitations on beyond limit of the unit far the debt unit governmental units. It would seem to the necessary guarantee opinion writer that the main gives to the promise satisfy the the board. In other legislative government branch of an absolute conservancy words, has, board as a amend, power delete, modify, recognize matter, actually promised practical nothing, ignore the Constitution as hereafter it statute, by strange inhabitants of may choose. town, having a without chance matter, guarantors on the vote promise, paper WOLFE, J., of the board’s extent being C. disqualified, does might upon levied participate and not herein.