Farmers dispute district's right to pump groundwater out of area / LJWorld.com

Archive for Saturday, June 14, 2008

Greg Shipe, owner of Davenport Orchards & Winery, 1394 E. 1900 Road, is one of many Kaw Valley farmers concerned about a new water district's ability to use eminent domain laws to pump groundwater from the valley between Lawrence and Eudora. Shipe says the law shouldn't allow the district to condemn property to gain water rights. The Kansas Supreme Court is set to decide the case.

By Chad Lawhorn

June 14, 2008

Related document

Douglas County District Court Judge Robert Fairchild's decision on water rights ( .PDF )

The future of 1.2 billion gallons of groundwater in the fertile Kansas River Valley soon will be decided by the Kansas Supreme Court.

An attorney for area farmer and vintner Greg Shipe said Friday that the Supreme Court has agreed to hear a case that challenges a new water district's ability to use eminent domain laws to pump groundwater from the valley between Lawrence and Eudora.

"At the end of the day, we're seeing a water supply district that is somewhat of a rogue, somewhat of a black sheep," said Burke Griggs, a Lawrence lawyer specializing in water law. "This has never been done before in the state."

Shipe and other area farmers argue that the law doesn't allow the water district to condemn property for the purposes of obtaining water rights.

The water district disagrees. Todd Luckman, an attorney working on the case for the water district, said the district clearly had the ability to use eminent domain to install water pipes, pump stations and other infrastructure. Luckman said using eminent domain to obtain an easement to drill a well should be no different.

Supreme Court justices will decide the case, although a date for a hearing hasn't been set. The state's highest court grabbed the case before it could be heard by an appeals court. Douglas County District Court Judge Robert Fairchild sided with the water district in April.

Griggs said the case could have major significance for eminent domain law across the state, but Shipe is contesting it mainly because it could have major implications on his future agricultural operations.

Shipe grows grapes and other produce as part of his Davenport Orchards & Winery. He said many farmers in the valley are interested in establishing truck farming operations that would grow fruits and vegetables. Those crops, however, likely will need irrigation to survive the Kansas weather.

Shipe thinks the amount of water the district is seeking would make it impossible for farmers to switch over to the new types of agriculture operations.

"The term that is used is dewatering the valley," Shipe said. "We basically would have to go to dryland farming, and the value of the property would just go through the floor."

Shipe and Griggs believe the water district should seek available water rights from the Kansas River, although that water may be more expensive to treat.

Water district leaders, however, have said they are clearly within their rights to seek the groundwater. That's because the district is not seeking to take any water rights that currently are assigned to area farmers. Instead, the district is seeking to prove that the area has additional water that is not currently being used.

Attempts to reach Larry Wray, chairman of the wholesale water district and the leader of Douglas County Rural Water District No. 5, were unsuccessful. But previously, Wray has said the wholesale district is seeking the new water to ensure its member districts have enough water to serve households for the next 50 years.

The wholesale water district was formed by Douglas County Rural Water Districts No. 5 and No. 2 and by Osage County Rural Water District No. 5. The water pumped from the valley would be used in parts of southern Douglas County, and areas in Osage, Franklin and Shawnee counties. None of the water would be going to users in the valley, which is another point of contention for area farmers.

Griggs said he's also concerned that the wholesale water district will ship the Douglas County water to quickly growing Johnson County. He said the amount of water the district is seeking from the valley - three permits that would allow for pumping of about 3,600 acre feet per year - seems excessive.

"If they only use a third of that, they could sell about 2,000 acre feet outside the district at whatever rate they see fit," Griggs said. "That's water speculation."

Discussion

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14 June 2008
at 6:38 a.m.

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Centerville (Anonymous) says…

This is the first time that the state has over-reached this far in terms of water. And, given the lameness of our state supreme court, the state will likely get the green light to take whatever it wants in the future. While most of the press has been obsessed with Phill Kline and Kathleen's new dress, some very bad things are being put in place by the Kansas Water Office. And don't get all self-righteous about how the state knows best…someday it will decide it wants something that you own, too.
14 June 2008
at 7:22 a.m.

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skinny (Anonymous) says…

If that was the case why not drill for oil why they are at it too? The water district is way out of line on this one. I hope thay loose big time and have to pay all court cost. Dummies!
14 June 2008
at 7:39 a.m.

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Fort_Aubrey (Anonymous) says…

Sorry, but as a matter of policy, people-domestic use should generally always trump agricultural use. And as Centerville probably knows, the state legislature took his water in 1945.
14 June 2008
at 11:33 a.m.

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JohnBrown (Anonymous) says…

Mining water and exporting it out of the basin in which the water right exists has been a point of contention before. There was a slaughterhouse on the KS-OK border where they wanted to export KS water a few miles to OK. It was denied.True “water rights” (issued by the KS Dept. of Agriculture) generally are required to be used locally.
14 June 2008
at 11:58 a.m.

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srj (Anonymous) says…

“the decision bowed to the rich and powerful at the expense of middle-class Americans”Sandra Day O'Connor on “eminent domain”
14 June 2008
at 12:37 p.m.

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simplyamazed (Anonymous) says…

What is truely the underlying factor here is that Rural water # 5 & Rural water #2 doe not like the fact that they are buying their water supply from the City of Lawrence and the City of Lawrence is telling them how many meters they can have and put into service each year. They don't want the City to bully them and tell them what they can do in their districts yet the water districts are bullying the farmers. Look how far they are going to have to pump that water from the area in between Lawrence and Eudora to where they are located. Rural water #5 is located SW Lawrence, around Clinton Lake, around Lone Star Lake, south on 59 hwy, and they want to service Osage, Franklin and Shawnee counties too. My God, has anyone put a mileage meter to that? Just who do you think will end up paying for this infrastructure to be put in place? Bet your sweet butts that it will be the people already members of each district and the new people moving into those areas! All because they don't want to be under the thumbs of the City of Lawrence! I hope that the existing members of the districts wake up and see what these idoits are trying to do. I would have no problem if the area they were trying to get water from was in their own district, but to try to take away from the farmers that have worked their tails off to have what they do is showing just what kind of people are elected to run our water districts. And it ain't good! To Mr. Shipe and all the other farmers that this will affect, I hope and pray the Ks Courts will do the honest and right thing for your sakes! And shame on Larry Wray, Richard Rose, Sharon Dwire, and all others involved with trying to take away from the farmers. You should possibly remember where you came from and respect the farmers more. I will end here before it gets much uglier! And yes, I am a member of rural water #5. shame on all of you!!
14 June 2008
at 12:49 p.m.

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workinghard (Anonymous) says…

“Why do people living in the country have dishwashers, automatic washers for clothes, electric dryers, disposals, ? Live in the country as country folks do.”Has to be one of the dumbest things I've ever heard, must have started hitting the bottle early today. Does hawk have these things in his house?

14 June 2008
at 1:49 p.m.

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loki8025 (Tim Stempien) says…

I want to comment also on how stupid hawkperch sounds. So if you live in the city you must smoke crack because that is what city folk do right? Smoke crack and make the dumbest post ever in America? crack yeah!Smoke crack in the city as city folk do. It is his water and he should be selling it to the highest bidder. Leave his water alone.
14 June 2008
at 3:52 p.m.

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Lynn731 (Anonymous) says…

I live in the country and I refuse to give up my dishwasher! Thank you, Lynn
14 June 2008
at 9:01 p.m.

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Centerville (Anonymous) says…

Why do we have dish washers? Because we can, you idiot. This ranks up there with the comment I heard from a Lawrence-level celebrity who opined that people who farm shouldn't have high incomes because they have enough land to grow all their own food. Really. It's the Liberal White Man's Indian syndrome: 'OK, I guess I won't begrudge you earning enough to buy a pickup ttruck but please don't install air conditioning because that doesn't fit my perception of your spiritual connection to Mother Earth.”
15 June 2008
at 2:13 a.m.

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Centurion (Anonymous) says…

I think Water Wholesale should use the powers of eminent domain and dam the Kaw. Create a lake (Lake Larry). Sell water to all of N.E. Kansas if not the whole state and maybe parts of California. While they are at it, maybe they could make the dam a Hydro Dam and sell electricity also.
16 June 2008
at 12:29 p.m.

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bd (Anonymous) says…

Again many people stating opinions without facts!Osage RWD #5 Cannot get any additional water from their water plant on Clinton because the City of Lawrence was purchased ALL of the remaining water rights from Clinton!The two Douglas County water districts are under the thumb of the City by limiting the number of meter they can sell!The City has stated that they want to control growth in the county by limiting water meter sales! ?? Is that not the duty of your County Commissioners???The three water dictricts involved looked at many options, they even offered water to the landowners, but some were too greedy!Wholesale water district # 25 tried to access existing water rights that should have been forfeited by Farmland Ind. by law, but the Kansas Water Office, mysteriously denied these rights , most likely on the recomendation of the all powerfull city of Lawrence!!!!Know the facts !