Frick Farm Properties, L.P. v. Kansas Department of Agriculture, 216 P.3d 170 (Kan. Sup. Ct. 2009), aff'g, 190 P.3d 983 (2008)

(buyer of farm property failed to carry burden of proof to show lawful and beneficial use of water, or due and sufficient cause for non-use; substantial evidence existed that prior owner had failed to use without cause for statutorily required five-year period).

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