GMD4 District-Wide LEMA

Go to LEMA Documents


On October 15, 2019, the Gove County District Court upheld the Chief Engineer's GMD 4 LEMA decision in Friesen vs. Barfield. For more, see KDA's press release and KDA-DWR's update page.

On December 26, 2018, the Thomas County District Court dismissed Woofter v. KDA, which sought review of the LEMA order and descriptions related to setting allocations for particular plaintiffs within the LEMA area.

On June 13 2018, a petition for judicial review and a notice disputing the validity of the LEMA were filed in Gove County District Court to challenge the LEMA orders and the validity of K.S.A. 82a-1041 (the LEMA statutory provisions).

On Friday, April 13, 2018, the Chief Engineer issued his Order of Designation regarding the GMD No. 4 District-Wide LEMA.

On Thursday, March 8 2018, the Chief Engineer issued an order accepting the GMD's modified LEMA plan. 

On March 1, 2018, the GMD accepted the Chief Engineer's proposed changes to the LEMA listed in his February 23rd Order of Decision, and transmitted a GMD modified LEMA plan with the proposed modifications listed on the Chief Engineer's order which included modifications to the original LEMA plan based on the evidence presented at the hearings:

  • The GMD could accept the changes, in which case an order of designation, which is the final order for the LEMA, would be issued. If the GMD did not accept the changes, there would be no LEMA.
  • The proposed modifications are listed on page 26 of the order.
  • The GMD had requested the first two modifications, principally affecting non-irrigation uses.
  • The principal modification recommended is adjusting the LEMA boundary to exclude the townships with little or no decline in water level (those shown in shown in blue and green on Attachment 1 to the GMD’s LEMA plan, the map shows proposed allocations by township).
  • The remainder of the proposed modifications:
    • represent relatively small amounts of water but are necessary to be equitable in the treatment of certain classes of water rights (those with places of use in different allocation zones, those who have not completed their time to perfect and those who may wish to lawfully expand their place of use).
    • improve the appeal process to ensure past conservation is sufficiently considered and that everyone understands the basis of their allocations.
    • requires the advisory committee to track allocation changes and to look at the issue of improving water level change data for purpose of future management

On February 23, 2018 the LEMA Order of Decision with Proposed Modifications was issued

On November 14, 2017 the second hearing was held.

On October 2, 2017 the Notice of second hearing was issued.

On September 23, 2017 an order containing the findings from the first hearing was issued.

On August 23, 2017 the initial hearing was held.

On July 12, 2017 notice of the initial hearing was issued.

On June 27, 2017 DWR notified GMD No. 4 that the LEMA proposal was found acceptable for consideration.

On June 8, 2017 GMD No. 4 submitted a proposal for a District-Wide LEMA.

Individual allocations can be looked up through the GMD4 LEMA allocations page.

LEMA Documents:

Document File
Provided by
Advisory committee meeting minutes 3 MB 04/10/2019 Committee
Order of Designation
1.3 MB 04/13/2018 DWR
GMD4 LEMA Boundary Map 835 KB 04/13/2018  DWR
Order Accepting Modified District-Wide LEMA Plan 685 KB  03/08/2018 DWR
GMD4 LEMA Meetings flyer 197 KB 03/07/2018 GMD4
Request for a LEMA incorporating proposed modifications 970 KB 03/01/2018 GMD4
LEMA Order of Decision with Proposed Modifications 515 KB  02/23/2018 DWR
Transcript of second hearing (full size) 1 MB 12/11/2017 Reporter
Transcript of second hearing (condensed) 691 KB  12/11/2017 Reporter
Transcript of second hearing (word index) 4 MB 12/11/2017 Reporter
Second hearing - Exhibit A 59 MB  12/11/2017
Second hearing - Exhibit B
14 MB 12/11/2017  
Initial Hearing Findings
3 MB 09/25/2017 Hearing
Transcript of initial hearing 433 KB 09/16/2017 Reporter
DWR Letter to GMD No. 4 finding LEMA acceptable for consideration 48 KB 06/27/2017 DWR
GMD No.4 Proposal for District-Wide LEMA 1.62 MB 06/08/2017 GMD4
Proposal attachment two - irrigation water rights 1.60 MB 06/08/2017 GMD4
Proposal attachment two - stockwater rights 196 KB 06/08/2017 GMD4

Woofter vs. McClaskey:

Document File
Provided by 
Order Granting Motion to Dismiss
264 KB 12/27/2018 Thomas Co. District Court
Petition for Judicial Review
98 KB 06/26/2018 Ronald Shalz
Petition for Judicial Review Exhibits 1 MB  06/26/2018 Ronald Shalz

Friesen vs. Barfield:

Document File
Provided by 
Memorandum Decision 368 KB  10/15/2019 GO Co. District Court
Reply Memorandum in Support of Petition for Review 329 KB 04/22/2019 David Traster
GMD No. 4 Response to Petitioners' Brief 672 KB 03/22/2019 GMD4 
DWR Response Memorandum to Petitioners' Brief 338 KB 03/22/2019 DWR 
Memorandum in Support of Petition for Review 8.2 MB 02/01/2019 David Traster 
Notice of Hearing 14 KB 01/07/2019  GO Co. Dist. Court 
DWR's Answer to Plaintiff's Petition 379 KB 12/28/2018 DWR 
GMD No. 4 Answer to Plaintiff's Petition 362 KB 12/28/2018 GMD4
Second Amended Petition 251 KB 11/19/2018 David Traster
Order Allowing Intervention 179 KB 09/12/2018 GO Co. Dist. Court
GMD No. 4 Motion to Intervene 471 KB  09/11/2018 GMD4
Response to Motion to Dismiss
508 KB 07/19/2018 David Traster
First Amended Petition for Judicial Review
273 KB 07/19/2018  David Traster
Motion to Dismiss
956 KB 07/12/2018 KDA
Notice of Disputed Validity 209 KB  06/13/2018 David Traster
Petition for Judicial Review 2.4 KB 06/13/2018 David Traster
Order Declining Petition for Administrative Review 136 KB  05/18/2018  KDA
Petition for Administrative Review 859 KB 04/29/2018 David Traster

Procedural and Administrative Matters:

Document File
Provided by 
Order Granting An Extension of Time to File Comments 42 KB 12/12/2017 DWR
Motion for Extension of Time 191 KB 12/11/2017 David Traster
Order Declining Petition For Administrative Review
185 KB 11/13/2017 KDA
Pre-Hearing Conference Order for Second Hearing
175 KB 11/06/2017 DWR
Decision Regarding Motion for Expanded Due Process
272 KB 11/06/2017 DWR
GMD No. 4's Answer to Petition for Review by the Secretary of Agriculture 664 KB 11/06/2017 GMD4
Reply Memorandum in Support of the Intervenors' Motion to Provide Due Process 
202 KB 11/02/2017  David Traster
Decision Regarding Intervenors' Motion for Reconsideration 1 MB 11/01/2017  DWR
GMD No. 4's Response to Intervenor's Motion to Provide Due Process Protections 681 KB 11/01/2017 GMD4
Intervenors' Motion to Provide Due Process Protections for Irrigators 361 KB 10/27/2017 David Traster
Memorandum in Support of Intervenors' Motion to Provide Due Process Protections for Irrigators 989 KB 10/27/2017 David Traster
Intervernors' Motion for Reconsideration 341 KB 10/27/2017 David Traster
Memorandum in Support of Intervenors' Motion for Reconsideration 4,527 KB 10/27/2017 David Traster
Petition for Review by the Secretary of Agriculture 839 KB 10/27/2017 David Traster
Notice of pre-hearing conference for second hearing 30 KB 10/12/2017 DWR
Notice of Intervention 422 KB 10/10/2017 David Traster
Motion for Continuance 414 KB 10/10/2017 David Traster
Notice of second hearing 39 KB  10/02/2017 DWR
GMD No. 4 LEMA Pre-Hearing Conference Order for Initial Hearing 56 KB  07/17/2017 DWR
GMD No. 4 LEMA Initial Hearing Notice 28 KB  07/12/2017 DWR

Submitted written testimony for second hearing:

Description File Size Document Date Date Posted
Section-level water level data -- Various 1/10/2018 
Additional testimony received 12/12/2017 151 KB Various 12/27/2017
Intervenors' Submittal in Opposition to the Proposed District-Wide LEMA 1.33 MB 12/22/2017  12/26/2017
GMD No. 4 Memorandum in Support of the Chief Engineer Approving
429 KB 12/22/2017 12/26/2017
Additional written testimony
108 KB Various 12/26/2017
Written testimony received 12/13/2017 - 12/22/2017 769 KB Various 12/22/2017
GMD No. 4 - Timeline of LEMA Public Meetings, Board meetings, and Notices
11 MB  12/21/2017 12/22/2017
GMD No. 4 additional testimony 949 KB Various 12/21/2017
Written testimony received 12/12/2017
3 MB Various 12/13/2017
Written testimony received 11/22/2017 - 12/11/2017
2 MB Various 12/11/2017
Kansas Farm Bureau
27 KB 11/22/2017 11/22/2017
Gary Moss 177 KB  11/20/2017 11/21/2017
Kansas Water Office 193 KB  11/14/2017 11/21/2017
Galen Jamison 382 KB  11/09/2017 11/21/2017
Sharon Stramel 227 KB 11/02/2017 11/21/2017
Kansas Livestock Association 221 KB 11/14/2017 11/17/2017
Scott Ross 379 KB 11/14/2017 11/17/2017
GMD No. 4 1.0 MB 11/2/2017 11/13/2017
DWR 718 KB 11/13/2017 11/13/2017

Submitted written testimony for initial hearing:
Provided by File Size Document Date Date Posted
GMD No. 4 1.24  MB 8/23/2017 8/28/2017 
Kansas Geological Survey 580 KB 8/23/2017 8/28/2017
Scott Ross 60 KB 8/23/2017 8/28/2017
Sharon Stramel 88 KB 8/23/2017 8/28/2017
Max E. Mann 21 KB 9/5/2017 9/5/2017
Leonard Kashka Jr. 8 KB 9/7/2017 9/7/2017 
Doyle E. Saddler
85 KB 9/7/2017 9/7/2017
Jon Friesen
43 KB 9/11/2017 9/13/2017
GMD No. 4, Supplemental Testimony
212 KB 9/12/2017 9/13/2017
Bert Stramel 32 KB 9/13/2017 9/13/2017

Groundwater Management District No. 4 website
Groundwater Management District Act (K.S.A. 82a-1020 through 82a-1042)