State v. Kansas State Board of Agriculture

The opinion of the court was delivered by .

Harvey, J.:

This is an original action in quo warranto brought by the state on the relation of the county attorney of Harvey county. The defendants are the State Board of Agriculture, the Division of Water Resources within that board, and its chief engineer. The purpose of the action is to inquire into the authority of defendants to regulate the taking of subterranean waters for beneficial uses and to allot the same among such users. The facts are not controverted and the action is presented to this court upon plaintiff’s motion for judgment on the…