Court of Appeals rules on Garetson impairment case

On January 11, the Court of Appeals issued its ruling regarding the Haskell County groundwater impairment case of Garetson Brothers vs. American Warrior Inc. The decision is posted on KDA’s web site at: https://www.agriculture.ks.gov/divisions-programs/dwr/water-appropriation/impairment-complaints/vested-right-haskell-03, along with a previous Court of Appeals’ decision, the District Court’s decision, and Chief Engineer reports on the matter.

This decision upholds the permanent injunction issued by the Haskell County District Court against pumping by the nearby junior water rights found to be impairing the Garetson Brothers’ senior water right, rejecting the defendant’s procedural challenges.

tags: legal, impairment, GMD3, GardenCityFO

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GMD 5 LEMA web page updated with GMD-KDA correspondence and US FWS response to Audubon

KDA’s web page on GMD 5’s development of a proposal Local Enhancement Management Area (LEMA) to resolve the Quivira impairment has been updated with the following:

  1. Recent correspondence between KDA and GMD 5 regarding LEMA plan development. Most recently, KDA expressed its commitment to continue to work toward a workable solution that addresses impairment without devastating the local economy, stating it will develop some specifics to be provided to the GMD Board and the Basin water users in the coming weeks.
  2. The U.S. Fish and Wildlife Service’s response to Audubon of Kansas’ August 17 letter, which called on both the Service and KDA DWR to act immediately to remedy the impairment.

More at: http://www.agriculture.ks.gov/GMD5LEMA

Tags: GMD5LEMA, GMD5, Quivira, impairment

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