Peterson v. Kansas Department of Health & Environment

Gernon, J.:

The Kansas Department of Health and Environment (KDHE) appeals the district court’s reversal of a $15,000 fine imposed by KDHE on Michael N. Peterson and Peterson Irrigation, Inc., (Peterson) for violations of the Kansas Groundwater Exploration and Protection Act (KGEPA or the Act), K.S.A. 82a-1201 et seq.

THE ACT

The KGEPA states that its purpose is to “provide for the exploration and protection of groundwater through the licensing and regulation of water well contractors . . . to protect the health and general welfare of the citizens of this state.” K.S.A. 82a-1202.

The Act requires…