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F. ARTHUR STONE & SONS v. GIBSON

No. 52,879

230 Kan. 224 (1981)

630 P.2d 1164

F. ARTHUR STONE & SONS, Appellants, v. GUY E. GIBSON, Chief Engineer and Director, Division of Water Resources, and KANSAS STATE BOARD OF AGRICULTURE, Appellees.

Supreme Court of Kansas.

Opinion filed July 17, 1981.

Attorney(s) appearing for the Case

John E. Howe, of Burlingame, argued the cause and Lelyn J. Braun, of Garden City, was with him on the brief for the appellants.

Leland E. Rolfs, of the Kansas State Board of Agriculture, argued the cause and was on the brief for the appellees.

Van Smith, of Smith Law Office, P.A., of Garden City, was on the brief amicus curiae, Southwest Kansas Groundwater Management District No. 3.

The opinion of the court was delivered by

HERD, J.:

F. Arthur Stone and Sons appeal a trial court ruling sustaining an order for Stone to cease and desist from appropriating irrigation water from two wells on his land. The order was made pursuant to K.S.A. 82a-728.

The controversy arose from these undisputed facts. On December 4, 1979, F. Arthur Stone and Sons applied to the chief engineer of the Division...

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