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CLAWSON v. STATE, DEPT. OF AGRICULTURE

No. 108,426.

315 P.3d 896 (2013)

Mary CLAWSON, Trustee, and Clawson Land Partnership, Appellees/Cross-appellants, v. STATE of Kansas, DEPARTMENT OF AGRICULTURE, DIVISION OF WATER RESOURCES, Appellant/Cross-appellee.

Court of Appeals of Kansas.

December 20, 2013.

Attorney(s) appearing for the Case

Burke W. Griggs , of Division of Water Resources, Kansas Department of Agriculture, for appellant/cross-appellee.

David M. Traster , of Foulston Siefkin LLP, of Wichita, for appellees/cross-appellants.

Aaron Popelka and Myndee M. Reed , for amicus curiae The Kansas Livestock Association.

Before LEBEN, P.J., McANANY and POWELL, JJ.

POWELL, J.

In this appeal, we are called upon to answer the question of what limits exist on the exercise of state agency power by the chief engineer of the Kansas Department of Agriculture's Division of Water Resources (DWR) when the regulated activity involves a precious and increasingly scarce resource — water. Mary Clawson and the Clawson Land Partnership (Clawson) obtained 10 approvals and permits from the chief engineer of the DWR to appropriate water...

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