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HAWLEY v. KANSAS DEPT. OF AGRICULTURE

No. 93,690.

281 Kan. 603 (2006)

MARLIN M. HAWLEY and KAREN E. HAWLEY, TRUSTEES of the MARLIN M. HAWLEY TRUST and the KAREN E. HAWLEY TRUST, Appellees, v. KANSAS DEPARTMENT OF AGRICULTURE, Division of Water Resources, Appellant.

Supreme Court of Kansas.

Opinion filed April 28, 2006.

Attorney(s) appearing for the Case

Brett W. Berry, of Kansas Department of Agriculture, Division of Water Resources, of Topeka, argued the cause and was on the brief for appellant.

Larry G. Michel, of Kennedy Berkley Yarnevich & Williamson Chartered, of Salina, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

NUSS, J.:

The Division of Water Resources, Kansas Department of Agriculture (DWR), appeals an order of the district court setting aside DWR's termination of a water right. The sole issue is whether DWR erroneously interpreted K.S.A. 2005 Supp. 82a-718 when it concluded that one of the notice provisions of the statute, subsection (b), was not a condition precedent to termination of a water right pursuant to subsection...

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