TOPEKA — The Kansas Court of Appeals has ruled that the state’s top water regulator doesn’t have power to reduce a landowner’s water rights once a permit has been issued. The decision against David Barfield, the chief engineer of the division of water resources, could be a blow to the state’s ability to conserve water resources in the dwindling Ogallala Aquifer, the Lawrence Journal-World reported. State Rep. Tom Sloan of Lawrence, who is on the Kansas Water Authority, said the ruling may spawn further lawsuits because the chief engineer has for years restricted water rights during time of drought. The case involved the Clawson Land Partnership, one of the largest farming corporations in the state, concerning 10 irrigation wells in Meade County. Meade County has hit hard by the recent drought and an area that has seen some of the steepest declines in groundwater levels. When Barfield issued the permits, he added a condition that allowed him to reduce the wells’ output. The company filed suit. The company, along with the affiliated Clawson Farm Partnership, has farms in several counties in western Kansas and the panhandle of Oklahoma and Texas. The Environmental Working Group reports that since 1995, the two corporations have received more than $11.5 million in federal farm subsidies.
Tuesday, Dec. 31, 4 p.m.
