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NELSON v. STATE, DEPT. OF AGRICULTURE

No. 102,695.

242 P.3d 1259 (2010)

Norman L. NELSON and Gloria A. Nelson, Appellees, v. STATE of Kansas, DEPARTMENT OF AGRICULTURE, Division of Water Resources, Appellant.

Court of Appeals of Kansas.

November 19, 2010.

Attorney(s) appearing for the Case

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

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

Before RULON, C.J., GREENE J., and KNUDSON, S.J.

GREENE, J.

The Kansas Department of Agriculture Division of Water Resources (DWR) appeals the district court's reversal of an agency order terminating water right file number 1743 due to abandonment, a right owned during these proceedings by Norman and Gloria Nelson. The DWR argues that the district court erred in finding the agency order unsupported by sufficient evidence and in substituting its own judgment for the agency. Concluding that sufficient evidence supported...

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