FRONTIER DITCH v. CHIEF ENGR. OF WATER RESOURCES

No. 48,191

1 Kan. App. 2d 186 (1977)

563 P.2d 502

FRONTIER DITCH COMPANY, Coolidge, Kansas, and FORT AUBREY IRRIGATION COMPANY, Syracuse, Kansas, Appellants, v. CHIEF ENGINEER OF THE DIVISION OF WATER RESOURCES, KANSAS STATE BOARD OF AGRICULTURE, Appellee. FORT AUBREY IRRIGATION COMPANY, Syracuse, Kansas, Appellant, v. CHIEF ENGINEER OF THE DIVISION OF WATER RESOURCES, KANSAS STATE BOARD OF AGRICULTURE, Appellee.

Court of Appeals of Kansas.

Opinion filed April 15, 1977.


Attorney(s) appearing for the Case

Jim D. Mills, of Fleming, Haag, Hope, Mills & Bolin, of Garden City, and Jack F. Ross, of Denver, Colorado, for appellants.

Kenneth M. Wilke, special assistant attorney general, Curt T. Schneider, attorney general, and John Martin, assistant attorney general, for appellee.

Before REES, P.J., FOTH and SWINEHART, JJ.


REES, J.:

The appellants prosecuted appeals to the district court of Hamilton county from two orders made by the chief engineer of the division of water resources of the Kansas state board of agriculture. The two appeals were consolidated by the district court and then dismissed for lack of subject matter jurisdiction. Appellants duly appealed to the supreme court and the cases are before this court for review upon order of transfer.

The chief engineer issued...

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