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FRONTIER DITCH v. CHIEF ENGR. OF DIV OF WATER RESOURCES

No. 57,808

237 Kan. 857 (1985)

704 P.2d 12

FRONTIER DITCH COMPANY, Plaintiff/Appellant, v. CHIEF ENGINEER OF THE DIVISION OF WATER RESOURCES, KANSAS STATE BOARD OF AGRICULTURE, Defendant/Appellee, and STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Plaintiff/Appellee, v. FRONTIER DITCH COMPANY, Defendant/Appellant.

Supreme Court of Kansas.

Opinion filed July 26, 1985.

Attorney(s) appearing for the Case

Michael K. Ramsey, of Hope, Mills, Bolin, Collins & Ramsey, of Garden City, argued the cause and was on the brief for the appellant.

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

The opinion of the court was delivered by

HERD, J.:

This appeal is from a summary judgment upholding a cease and desist order issued by the chief engineer of the Division of Water Resources of the Kansas State Board of Agriculture. The order prohibits appellant, Frontier Ditch Company, from diverting water in excess of its vested right.

The charter of Frontier Ditch Company is dated February 23, 1895. The...

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