A district court in western Kansas has ruled that the chief engineer of the Kansas Department of Agriculture Division of Water Resources acted properly in approving a water management tool proposed by the Northwest Kansas Groundwater Management District No. 4 (GMD 4) to aid in local conservation efforts to extend the life of the Ogallala Aquifer. On October 15, 2019, the Gove County District Court upheld the adoption of a Local Enhanced Management Area (LEMA) in much of the district.
The case, Friesen v. Barfield, was filed under the Kansas Judicial Review Act after two public hearings were held by Chief Engineer David Barfield who then approved adoption of the LEMA. The case was brought by multiple petitioners who are required under the LEMA plan to reduce the amount of groundwater withdrawn over the next five years. Petitioners challenged whether the reductions in water use can be made without those cuts being based on priority (date the water right was approved) and generally challenged the lawfulness of any cuts or use of a LEMA.
(Read more: Rural Messenger)