OSWEGO — Labette County commissioners on Tuesday discussed a request from a property owner in the northeast part of the county to install a water pipe under a county road to serve his wetlands.
Commissioners took no action on Tuesday but agreed to return on Dec. 16 after County Counselor Brian Johnson and Lucas Nodine, who is representing the landowner, do research.
Bobby Glover, who is from South Carolina, owns property in the northeast part of the county, some of which is enrolled in the state’s Wetland Reserve Program.
The property in question on Tuesday is on 23000 Road near York. Glover had asked county employees about installing a water pipe under the gravel road so one of his wetland sites could get water from his Neosho River water rights once they are approved by the state. He was told by the Public Works director that he couldn’t dig through the county’s easement to install the water pipe.
Other landowners have done so in years past, commissioners learned, when installing pivots to water crops. Glover said he owns property on 17000 Road and each side has a pivot with a connected water pipe under the county road. Commissioner Terry Weidert said no one could find a deed on file reflecting the installation of this water pipe under the county’s easement.
The county now does not have a permitting process to install a water pipe under a county road. Glover and Nodine said they wanted to work with the county to get the project done correctly. The property owner owns the ground that makes a county road but the county maintains an easement on the road for road maintenance, Johnson said. So work on the road or under it by the landowner would require county approval.
Johnson cited an appellate case that appeared to limit the commission’s ability to approve such a water pipe project unless the project had a public purpose, such as a utility. There is an agriculture exemption in the law as well.
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Glover said he could flow the water through the county ditch and under the road through an existing drain pipe, but the drain pipe is rusted over and collapsed, so no water gets through it.
Commissioner Cole Proehl said there should be a way for Glover to use both sides of his land and get water to a wetland that would not interfere with the public use of the road.
“We have to provide him an avenue to do so,” Proehl said.
Commissioners and Nodine agreed to discuss the matter further on Dec. 16.
In other matters, the commission: — Agreed to purchase chemicals for the Noxious Weed Department. Van Diest Supply Co. had the low bid of $14,294.35. Ralph George, Noxious Weed director, said the order would replace what was used this year and start 2025 with some inventory. He said the weeds don’t absorb much of the chemicals because of the dry weather. The order includes Escort XP, Pasturegard, Remedy and Amine 2,4-D.
— Agreed to rehire Candace Gayoso and Justin Meeks to hand misdemeanor, traffic and juvenile care cases for the county. The cost is $3,500 per attorney per month, or $42,000 a year per attorney.
— Agreed to lift the countywide burn ban.
— Agreed to write a letter of support to SEK-CAP for its bus transportation system. Commissioners also discussed providing up to $3,000 in the 2025 budget to supplement the bus service, which operates in Labette County as well.
— Agreed to spend $15,204 in the jail to update valves and plumbing in water closets.
