City fire hydrant on golf course and 900,000 gallons of water at center of municipal court case

A fire hydrant in the middle of a golf course is now the center of a municipal court case.

Following a court hearing Friday, a case regarding alleged improper use of a city fire hydrant by the construction company at the former Alvamar golf course will go to trial next month.

An employee of the company was charged with removing a safety component of a city-issued hydrant meter, which was used to disburse 900,000 gallons of water.

The situation came to light when someone called the police to report that a pipe connected to a city fire hydrant was being used to fill a pond on the golf course, according to City Attorney Toni Wheeler. The call was received at 8:15 p.m. March 21, according to the police report.

“We received an inquiry about a pipe with water flowing into that pond, and so staff went out to look,” Wheeler said.

The golf course — now called the Jayhawk Club — is being redeveloped by a group led by Lawrence businessman Thomas Fritzel and is an active construction site. Wheeler said that when a city employee arrived at the site, it was found that the hydrant attachment contained the city-issued meter but that the required device that prevents backflow from contaminating the city water supply had been removed. She said the city’s water quality staff tested the site for bacteria and the test was negative.

The city rents hydrant meters along with backflow preventers, or cross-connection control devices, to construction companies so they can access city water when there is no other readily available source. The city subsequently charged an employee of DFC construction company, Casey Stewart, with removing the hydrant attachment’s backflow preventer, which is a violation of city ordinance. The ordinance states that the maximum fine for removing a backflow preventer is $500.

Hydrant meters are rented with the understanding that they are used to fill privately owned bulk water storage tanks in order to distribute water for the approved purpose on the rental agreement, according to the program application. Wheeler said city staff collected the hydrant meter attachment because the backflow preventer had been removed and the attachment was being used improperly.

City Utilities Director Dave Wagner said that using a hydrant to fill a pond is not typically an approved use. He said irrigation meters or other permanent meters are usually what golf courses use as their water source.

“In our judgment, that would not be something that we would run a hydrant for,” Wagner said. “The intent of the program is not focused on filling swimming pools or ponds but for supporting traditional construction activities in the field.”

For use of the hydrant meter, DFC Company was billed for nearly 900,000 gallons of water, according to Wheeler. The charge for the water was about $5,150. Wheeler said the water used from the hydrant was charged to DFC Company and has been paid in full.

Wagner said there is no reason to remove a backflow device, as the device prevents contamination of the public water supply.

“It’s a requirement that we have if you’re tapping a hydrant like that, is that you have a backflow device on there specifically to prevent backflow from contaminating the distribution system,” Wagner said. “If there’s a pressure drop for whatever reason, water can move backwards.”

Wheeler said the city’s practice is to not comment on any pending investigations, but she did say she is not aware of any other ongoing investigations related to the construction project.

A call to Stewart’s attorney in the case was not immediately returned Friday. A hearing in the case was held Friday morning, and the defendant requested that the case go to trial, according to City Prosecutor Elizabeth Hafoka.

The trial is scheduled for 10:30 a.m. July 20 at the Lawrence Municipal Court building, 1006 New Hampshire St.

DFC Company is a Fritzel entity and was one of the defendants in the city’s recent lawsuit against The Oread hotel.