MANHATTAN — 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 The case was brought by multiple petitioners who are required under the LEMA plan to reduce the amount of groundwater withdrawn over the next five years.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.

In 2012, Groundwater Management Districts were granted the authority to recommend the adoption of a LEMA in order to implement local water conservation goals through the adoption of control measures recommended in their plan when conditions demonstrate a threat to groundwater levels, rate of withdrawal, or water quality. The LEMA process involves meeting specific statutory requirements and holding public hearings before approval by the chief engineer. A LEMA management plan typically requires reductions in water use to achieve the water conservation goal, aimed at extending the life of the local aquifer.

In the case of Friesen v. Barfield, plaintiffs challenged both the specifics of this management plan and the constitutionality of the LEMA statue in general. The court ruling this week found that the “GMD 4 District Wide LEMA should be upheld. The LEMA Plan restrictions do not appear to be unconstitutional on their face or as applied. There is substantial evidence backing the agency’s decision and therefore it is not arbitrary or capricious.”

The first LEMA in Kansas, known as the Sheridan 6 LEMA, was approved in 2012 in the Sheridan County area. It was extended in 2017 for the years 2018-2022 after data from the Sheridan 6 LEMA strongly indicated that the water use goals in the area were met, and that significant indicators showed the conservation efforts had slowed the decline of the water table in the region. “The LEMA has been a very successful tool for our district and we plan to utilize them to extend the life of the aquifer,” said Shannon Kenyon, GMD 4 district manager.

For more information about LEMAs in Kansas, including more detail about the GMD 4 LEMA, visit agriculture.ks.gov/LEMA or call KDA-DWR at 785-564-6640.

CCC

COLBY – The new Colby Community College telecommunications network technician program at the Norton Correctional Facility recently received a financial boost from the Thomas County Attorney’s Office. The donation came after a state grant to help subsidize the program did not materialize.

According to County Attorney Rachel Lamm, her office can provide funding through non-tax payer asset forfeiture funds.

“The state of Kansas has restrictions on how forfeiture funds can be used, but Kansas allows for distribution of funds for law enforcement goals,” she said.

The idea for additional education in the correctional facility began in 2018 when CCC adult education instructor Dian Organ attended a conference and learned how a college in another state implemented a similar program.

“I am pleased that Dian approached the Thomas County Attorney’s Office with this opportunity to lower inmate recidivism,” Lamm said. “An inmate that can immediately enter the job market is essential to their future success. Opportunities like this are few and far between, and I hope they take pride in their work and make every effort to provide for themselves and their families.”

The curriculum teaches skills necessary for entry-level positions in the industry to perform fiber and copper-based network cabling. College and correctional facility officials conduct interviews to select participants, who will earn 15 college credit hours and industry-recognized credentials before their release date. Many of the students will concurrently complete their high school equivalency diplomas.

CCC Executive Vice President Brad Bennett also believes the program can make a difference in many lives.

“This will lead to job placement and a sustainable wage upon release,” he said.” The overall goal is to reduce recidivism and improve the communities we serve.”

The inaugural class begins on September 30. The program lasts 12 weeks.

KHP

TOPEKA–For the 26th consecutive year, the Petroleum Marketers and Convenience Store Association of Kansas (PMCA) graciously donated gasoline to the Kansas Highway Patrol to fill up patrol cars during the holidays. Through the Holiday Highways Safety Program, the PMCA donated vouchers for 53 tanks of fuel for troopers to use as they patrol the highways from December 24 through January 1.

The PMCA of Kansas is a nonprofit organization for independent petroleum distributors, gasoline retailers, and convenience store owners.

Last year, during the 2015 Christmas and 2016 New Year’s reporting periods, the provided fuel allowed the Patrol to assist 1,494 motorists, remove 33 impaired drivers from the roadways, and issue 178 citations for occupant protection violations. The donation last year no doubt contributed to the Patrol’s efforts to keep the roadways safe during the Christmas and New Year holidays. This year, it will help further safety efforts during the holiday season.

“For many years now, PMCA’s Holiday Highways Safety Program has worked to help motorists in Kansas make it safely to their holiday destinations,” said Tom Palace, Executive Director of PMCA of Kansas. “Through their participation in this one-of-a-kind program, fuel distributors and convenience stores are voluntarily partnering with the Kansas Highway Patrol to ensure the safety of their customers, their families, and the many visitors traveling to and through Kansas over the holidays.”

“For the 26th consecutive year, PMCA of Kansas has graciously provided tanks of fuel to the Kansas Highway Patrol. This fuel will go towards our personnel who are working the Christmas and New Year’s holidays, and who are committed to keeping Kansas roadways safe,” said Lieutenant Adam Winters, KHP public information officer.

“One of the most important things during the holiday season is getting the opportunity to spend time with friends and loved ones. The donation received from the PMCA of Kansas has definitely helped us to assist motorists in those efforts. As always, we want to thank PMCA for their continued support of our agency.”