Defendant receives diversion in criminal case involving golf course pond

The defendant in a municipal court case regarding the alleged improper use of a city fire hydrant at the Jayhawk Club golf course received diversion Thursday.

The golf course — formerly called Alvamar — is being redeveloped by a group led by Lawrence businessman Thomas Fritzel and is an active construction site. A city-issued hydrant meter, which had been leased to DFC construction company for other purposes, was reportedly used to dispense about 900,000 gallons of water into a pond.

The defendant, Casey Stewart, is a DFC employee and was charged with removing a safety component of the hydrant meter. Stewart had previously requested a trial in the case.

The safety component, a backflow device, prevents water from flowing backward and contaminating the city’s water distribution system. Removing the backflow device is against city ordinance and carries a maximum fine of $500.

The terms of Stewart’s diversion agreement were not immediately available on Thursday.

City officials previously told the Journal-World that filling a pond is not an approved use for the hydrant meter attachment. The hydrant attachments are rented out so companies have access to water for construction purposes when there is no other readily available source, according to the rental application.

City Attorney Toni Wheeler previously told the Journal-World that the city collected the hydrant attachment and that DFC was billed about $5,150 for the water, which includes consumption charges, taxes and fees. She said the bill has been paid in full.