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FRICK FARM PROPERTIES, L.P. v. STATE, DEPT. OF AGR.

No. 98,750.

190 P.3d 983 (2008)

FRICK FARM PROPERTIES, L.P., Appellant, v. The STATE of Kansas, DEPARTMENT OF AGRICULTURE, DIVISION OF WATER RESOURCES, Appellee.

Court of Appeals of Kansas.

August 22, 2008.

Attorney(s) appearing for the Case

David M. Traster, of Foulston Siefkin LLP, of Wichita, for appellant.

Brett W. Berry, of Kansas Department of Agriculture, for appellee.

Before GREENE, P.J., MARQUARDT and LEBEN, JJ.

MARQUARDT, J.

Frick Farm Properties, L.P., (Frick Farm) appeals the Department of Agriculture, Division of Water Resources' (DWR) order terminating its water right. We affirm.

On November 4, 1982, a certificate of appropriation was issued to Bernard J. Debes for Water Right, File No. 17,125 (water right) in Pawnee County, Kansas. Frick Farm, owned by Kent and Karen Frick, purchased Debes' real estate, including the water right, on November 22, 2002. In January...

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