WATER DISTRICT NO. 1 v. KANSAS WATER AUTHORITY

No. 70,163

19 Kan. App. 2d 236 (1994)

866 P.2d 1076

WATER DISTRICT No. 1 OF JOHNSON COUNTY, Petitioner/Appellee, v. KANSAS WATER AUTHORITY, Respondent/Appellee, and KANSAS NATURAL RESOURCE COUNCIL, Intervenor/Appellant.

Court of Appeals of Kansas.

Opinion filed January 14, 1994.


Attorney(s) appearing for the Case

John M. Simpson, of John M. Simpson Law Office, of Fairway, for appellant.

Wilson E. Speer and Michael J. Armstrong, of Speer, Austin, Holliday & Zimmerman, of Olathe, for appellee Water District No. 1 of Johnson County.

John W. Campbell, deputy attorney general, and Robert T. Stephan, attorney general, for appellee Kansas Water Authority.

Before BRAZIL, P.J., GREEN, J., and GARY L. NAFZIGER, District Judge, assigned.


BRAZIL, J.:

Water District No. 1 of Johnson County (the District), a large water utility, applied for a permit to transfer 23,000 acre feet of water per year from the Missouri River pursuant to the Water Transfers Act, K.S.A. 82a-1501 et seq. The District adopted a water conservation plan in conformity with the statutory requirements of the act. The Kansas Water Authority (KWA), the agency responsible for approving water transfers, approved the District's application...

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