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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Second challenge to GMD 4 District-wide LEMA filed in Thomas County

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

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