Hawley v. Kansas Dept of Agriculture

The Division of Water Resources, Kansas Department of Agriculture (DWR), appeals an order of the district court setting aside DWRs termination of a water right. The sole issue is whether DWR erroneously interpreted K.S.A. 2005 Supp. 82a-718 when it concluded that one of the notice provisions of the statute, subsection (b), was not a condition precedent to termination of a water right pursuant to subsection (a). The appeal is brought pursuant to the Kansas Act for Judicial Review and Civil Enforcement of Agency Actions (KJRA), K.S.A. 77-601 et seq., and our jurisdiction is under K.S.A. 20-3018 (approval of Trustees motion to transfer).