On June 13, 2018, a petition for judicial review of the GMD 4 District-wide Local Enhanced Management Area (LEMA) orders was filed in Gove County District Court along with a notice disputing the validity of K.S.A. 82a-1041 (the LEMA statutory provisions). The case has now been fully briefed by the parties and is awaiting a decision by the Court. Copies of the briefs are available on KDA’s web site in the table titled Friesen vs. Barfield at: https://www.agriculture.ks.gov/GMD4LEMA.
On December 26, 2018, the Thomas County District Court dismissed Woofter v KDA, which sought review of the Chief Engineer’s order establishing Northwest Kansas Groundwater Management District (GMD) No. 4’s “district-wide” Local Enhanced Management Area (LEMA) generally, and in particular, the order’s delegating decisions related to setting allocations for the plaintiffs to the GMD.
The judge determined that that Chief Engineer lawfully delegated the ability to set and review LEMA allocations via the LEMA’s management plan to the GMD.
This leaves Friesen vs. Barfield as the last remaining court challenge to the GMD4’s LEMA.
Tags: GMD4, LEMA, StocktonFO, legal
A second request for judicial review related to GMD 4’s Local Enhanced Management Area (LEMA) has been filed, this one in Thomas County and focused on the ability of GMD 4 to make final decisions related to setting allocations for particular plaintiffs. Posted at: http://www.agriculture.ks.gov/GMD4LEMA.
Keywords: LEMA, GMD4, Legal, Court