Frontier Ditch Co. v. Chief Engineer of the Division of Water Resources

The opinion of the court was delivered by

Herd, J.:

This appeal is from a summary judgment upholding a cease and desist order issued by the chief engineer of the Division of Water Resources of the Kansas State Board of Agri culture. The order prohibits appellant, Frontier Ditch Company, from diverting water in excess of its vested right.

The charter of Frontier Ditch Company is dated February 23, 1895. The company began making diversions for beneficial use from the Arkansas River in 1896.

Appellant’s headgates are located in Colorado. Diversions by appellant are administered in the State of…