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FRANK v. KANSAS DEPT. OF AGRICULTURE

No. 99,206.

198 P.3d 195 (2008)

T.W. and Sharon K. Frank, Appellants, v. KANSAS DEPARTMENT OF AGRICULTURE, Division of Water Resources, Appellee.

Court of Appeals of Kansas.

December 19, 2008.

Attorney(s) appearing for the Case

Ronald K. Badger, of Wichita, for appellants.

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

Before LEBEN, P.J., BUKATY, S.J., and ROBERT J. FLEMING, District Judge, assigned.

LEBEN, J.

T.W. Frank obtained a permit from the chief engineer of the Kansas Division of Water Resources to build a groundwater pit on his land. As a condition of the permit, he built an embankment to prevent surface water from entering the pit. But the chief engineer later concluded that Frank had done something that Kansas law prohibited and his permit didn't authorize: obstructing a stream. Since 1929, a Kansas statute has prohibited stream obstructions without...

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