[DOWNLOAD] "Huser v. Duck Creek Watershed Dist. No. 59" by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: Huser v. Duck Creek Watershed Dist. No. 59
- Author : Supreme Court of Kansas
- Release Date : January 17, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The opinion of the court was delivered by Herbert E. Huser and Ethel M. Huser, his wife, appeal from an adverse decision in an action wherein they sought a writ of mandamus and a mandatory injunction against Duck Creek Watershed (Joint) District No. 59, Wilson, Montgomery and Elk Counties (hereafter Duck Creek) concerning the construction and maintenance of a flood control dam and lake on the appellant's property. Appellants also sought a declaratory judgment establishing their right to appropriate water from the project for irrigation purposes. The trial court denied all relief sought and the Husers have appealed. The dam and lake in question were constructed by Duck Creek pursuant to the Kansas watershed district act, K.S.A. 24-1201 et seq. Duck Creek was originally formed in 1963 and encompasses land in the Duck Creek watershed extending over portions of three counties. In 1969, Duck Creek adopted a general plan for the district which was approved by the chief engineer of the Division of Water Resources of the Department of Agriculture of the State of Kansas. The general plan was adopted for the purpose of flood control and contemplated the construction of a dam and water storage facility on property subsequently purchased by the appellants. On December 20, 1971, the fee owner of the property, Theodore Myers, executed an easement to Duck Creek. The easement provided, in pertinent part: [F]or or in connection with the construction, operation, maintenance, and inspection of a flood water retarding structure designated as Site No. 7-30(2) in the Duck Creek Watershed to be located on the above described land. And for the flowage of any waters in, over, upon, or through such structure, and for the permanent storage and temporary detention, either or both, of any waters that are impounded, stored or detained by such structure. . . . . There is reserved to the Grantor, his heirs and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. In December, 1974, the Husers purchased the property from [234 Kan. 3]