Kobobel v. State Dept. of Natural Resources

Summary

The court held that the well owners' inverse-condemnation claims belonged in water court because determining whether the State's curtailment orders affected a protected water-use right was a water matter. It also held that the orders did not effect a compensable taking because the owners' rights were limited by the prior-appropriation system and did not include an unfettered right to pump tributary groundwater out of priority. The court therefore affirmed dismissal under the rule governing failure to state a claim.