Garetson Brothers v. American Warrior, Inc.

51 Kan. App. 2d 370, 347 P.3d 687 (2015)

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Garetson Brothers v. American Warrior, Inc.

Kansas Court of Appeals
51 Kan. App. 2d 370, 347 P.3d 687 (2015)

Facts

A prior owner of property owned by Garetson Brothers (Garetson) (plaintiff) obtained a vested appropriative water right relating to the use of a well on the property in 1950. In 1964 and 1976, the predecessor-in-interest of American Warrior, Inc. (AWI) (defendant) also obtained appropriative water rights regarding the same groundwater source. In 2012, Garetson filed a lawsuit in Kansas district court seeking an injunction prohibiting AWI from continuing to pump based on alleged impairment of Garetson’s water right. The district court appointed the Kansas Department of Agriculture’s Division of Water Resources (DWR) as factfinder. DWR reported that AWI held junior rights to Garetson’s more senior right, that the water source had become over-appropriated over time, and that AWI’s pumping impaired Gareston’s exercise of its water right. The district court then issued a temporary injunction barring AWI from further pumping. AWI appealed to the Kansas Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Bruns, J.)

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