Kansas Farm Bureau (KFB) is supporting water rights holders in Groundwater Management District (GMD) 4 and backs efforts by Clayton and Lori Janicke and Conrad and Pamela Popp to intervene in the Local Enhanced Management Area (LEMA) 5-year review in Groundwater Management District 4.

“First in time, first in right has been the law of the land since the Kansas Water Appropriation Act was signed into law. Water rights are real property rights and those create fundamental value in land that state agencies and other bodies simply cannot ignore,” says KFB President Glenn Brunkow. “While we support the goals behind LEMAs, conservation measures must not violate principals that are fundamental to our laws and the Kansas economy.”

The petitions allege GMD 4’s proposed LEMA will harm the “value and marketability of the intervenors’ water rights.” The plan would unlawfully reduce water appropriation rights in addition to treating irrigation rights differently than other beneficial uses.

Clayton Janicke, who grows alfalfa, corn and wheat in Cheyenne County, says the proposal amounts to changing the rules in the middle of a game.

“My feeling is we have existing water laws,” he says. “That’s the set of rules everyone is playing with. Now they’re trying to do an end-run around it.”

The proposed reductions wouldn’t just affect the Janickes’ water rights, but it could also impact their farm income during the next growing season.

“We can make it work,” Clayton says. “It affects the bottom line anytime you can’t get that last two inches (of water) on corn or alfalfa or whatever you’re growing. It’s going to make a big difference on how much you’re able to raise.”

Division of Water Resources Chief Engineer Earl Lewis denied a separate petition filed by KFB on behalf of the organization and participating members. KFB plans to seek reconsideration of that decision.

“Property rights are the bedrock of the Kansas economy, and the state can’t choose to ignore them merely because it’s inconvenient,” says Terry Holdren, KFB CEO and general counsel. “We’re standing with Clayton and Lori and Conrad and Pamela as they seek to protect their rights and those of all rights holders in GMD 4 and beyond.”

Water rights holders interested in protecting their property interests are encouraged to contact Justin Cobb, KFB assistant director of regulatory affairs, at 785-587-6415 or cobbj@kfb.org.