WHEATLAND ELEC. CO-OP., INC. v. POLANSKY

Nos. 102,881, 102,933.

265 P.3d 1194 (2011)

46 Kan. App. 2d 746

WHEATLAND ELECTRIC COOPERATIVE, INC., Appellee, v. Adrian POLANSKY, Secretary, Kansas Department of Agriculture, Division of Water Resources, Appellant.

Court of Appeals of Kansas.

November 4, 2011.


Attorney(s) appearing for the Case

Brett W. Berry , of Kansas Department of Agriculture, and Adam C. Dees , legal intern, for appellant.

Mark A. Rondeau , of Watkins Calcara , Chartered, of Great Bend, for appellee.

Before McANANY, P.J., LEBEN, J., and MERLIN G. WHEELER, District Judge, assigned.


LEBEN, J.

When Wheatland Electric Cooperative asked the Division of Water Resources to change characteristics of the company's water rights, the Division approved the changes but limited the amount of water that Wheatland could use under the rights. The district court that reviewed the Division's decision remanded the case to the Division to reconsider the rights' consumptive-use limitation, and the Division then initiated abandonment proceedings and terminated the...

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