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SOUTH KAMAS IRR. CO v. PROVO RIVER WATER USERS' ASS'N

No. 9168.

10 Utah 2d 225 (1960)

350 P.2d 851

SOUTH KAMAS IRRIGATION COMPANY, A CORPORATION, PLAINTIFF AND APPELLANT, v. PROVO RIVER WATER USERS' ASSOCIATION, A CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

April 7, 1960.

Attorney(s) appearing for the Case

Clyde & Mecham, Salt Lake City, for appellant.

Joseph Novak, Fisher Harris, Salt Lake City, for respondent.

WADE, Justice.

Plaintiff South Kamas Irrigation Company appeals from a judgment dismissing its action on the ground that the United States is an indispensable party, but cannot be joined in this action because it has not consented to waive its sovereign immunity from this suit.

Both plaintiff and the defendant Provo River Water Users' Association are mutual water corporations. The Duchesne Tunnel was constructed and is still owned by the United States to carry...

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