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PETERSON v. KANSAS DEPT. OF HEALTH & ENVIRONMENT

No. 88,331

31 Kan.App. 2d 13 (2002)

59 P.3d 6

MICHAEL N. PETERSON and PETERSON IRRIGATION, INC., Appellees, v. KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Appellant.

Court of Appeals of Kansas

Opinion filed December 6, 2002.

Attorney(s) appearing for the Case

Yvonne C. Anderson, of Kansas Department of Health and Environment, for appellant.

Jason L. Reed and Kenneth W. Wasserman, of Norton, Wasserman, Jones & Kelly, of Salina, for appellees.

Before GERNON, P.J., GREEN, J., and ROGG, S.J.

GERNON, J.:

The Kansas Department of Health and Environment (KDHE) appeals the district court's reversal of a $15,000 fine imposed by KDHE on Michael N. Peterson and Peterson Irrigation, Inc., (Peterson) for violations of the Kansas Groundwater Exploration and Protection Act (KGEPA or the Act), K.S.A. 82a-1201 et seq.

THE ACT

The KGEPA states that its purpose is to "provide for the exploration and protection of groundwater through the licensing...

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