Garetson Brothers V American Warrior Inc Case Study

Introduction In a recent opinion, the Kansas Court of Appeals addressed the meaning and status of Kansas water law. The case of Garetson Brothers v. American Warrior, Inc., 51 Kan. App. 2d 370 (2015), concerns a groundwater dispute between senior water users and junior water users in southwest Kansas. After filing a complaint against the junior users, the senior users sought an injunction to stop the pumping of groundwater. The District Court granted the injunction and the Court of Appeals affirmed their decision. The issues in the case concerned what the term impairment means in the context of water law and whether it is appropriate for a court to grant injunctive relief to a senior water user. The Court of Appeal’s decision upholds the principle

AWI presented two arguments against the injunction, 1) that it fails to maintain the statutes quo, and 2) that it does not serve to cure the Plaintiff’s injury. The Court of Appeals first found that an injunction should attempt to preserve the period when there were no issues between the parties, which in this case, was when AWI pumped less water. Second, the Court of Appeals found that an injunction need not cure the Plaintiff’s injury, but instead should serve to guard against future injury. While AWI alone may not be causing the entire drawdown, stopping their pumping should increase the overall supply of groundwater. In general, the Court of Appeals found that the District Court correctly applied the law in granting the injunction. After Garetson, senior waters users will find that injunctive relief will be a strong and available tool in future water disputes.

Conclusion Going forward, the Court of Appeal’s decision in Garetson Brothers v. American Warrior will stand for the proposition that Kansas water laws mean what they say. Rather than consider any economic considerations, the only relevant factors will be who has the senior water right and whether an impairment has occurred. As groundwater becomes scarcer in Kansas, senior water users will likely find that Kansas laws will serve to protect their use over any junior water