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ARTESIAN VALLEY WATER CONSERVATION v. DIV. OF WATER RES

No. 38,754

174 Kan. 212 (1953)

255 P.2d 1015

THE ARTESIAN VALLEY WATER CONSERVATION ASSOCIATION, Unincorporated, and J.E. LOCKHART (BELLE M. LOCKHART, MILDRED HANTLA, PEARL LOCKHART, BERNICE RAFTER and J.E. LOCKHART, JR., substituted for J.E. Lockhart, deceased), Plaintiffs, v. THE DIVISION OF WATER RESOURCES and ROBERT V. SMRHA, Chief Engineer of the Division of Water Resources, Defendants.

Supreme Court of Kansas.

Opinion filed April 11, 1953.

Attorney(s) appearing for the Case

Donald C. Smith, of Dodge City, argued the cause, and Frederick Hall, of Dodge City, was with him on the briefs for the plaintiffs.

Warden L. Noe, special assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, was with him on the briefs for the defendants.

The opinion of the court was delivered by

THIELE, J.:

This is an original proceeding in mandamus to compel the chief engineer of the division of water resources to issue a certificate of vested rights to plaintiff Lockhart and in which a declaratory judgment is sought.

In a preliminary way it may be said that since the filing of the action and its submission to this court for determination, the plaintiff Lockhart has died. Upon proper showing made...

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