Welcome
Ranchers Have Rights
Collection of
Articles and Laws of
Ranching History
Within New Mexico
National Forests
Protection
of Ranches
and
Ranching Families
Congress gave control of waters to the States through the 1866 Ditch act. A court case explains; State of Oregon v Federal Power Commission, 1954:
The Basic:
What is a Ranch?
Does it include use of the range on Federal lands?
Yes, it seems so.
Under NM Territorial law of 1876,
Travelers with large herds of livestock need permission to use streams and springs of another. One could not use another's waters from wells or ponds or reservoirs of waters.
Today NM 72-1-6.
1885, It was accepted that control of the waters is what entitled one to use the range.
1902, Necessity for fence not to enclose the land but to keep cattle on certain range.
1933, Another could not build dirt tanks or dig a well on a range where a rancher already had control of the living, permanent springs
In 1975, New Mexico ranchers went to court over compensation for lands taken for the Missile Range.
The Court described a ranch as
"The rule in general that however nominally divided . . ., if the whole area is used together for a farm, ranch, or other appropriate purpose, it is to be considered one property. Moreover, the fact that different portions of a farm, ranch, or other rural holdings were acquired from different persons, or are otherwise held under different titles, will not prevent its being treated as an entirety in the assessments of damages for a taking of a part, if the whole area is held and operated as a single property." (omitting citations; emphasis added)); see also 6 ALR 2d 1217 § 9.
Ranchers on State land who claimed waters were compensated.
Ranchers under Federal Law, Taylor Grazing Act, who didn't clainm ranches under state water laws were ignored. Pay attention! Learn from court cases.
Water is gold.
Note [8] This is not to ignore the fact, however, that these are situations where the water is found on the land leased from the State and in such instances, of course, the value of the land leased from the State is not negligible.
Ranch Property: Ownership of water rights
which control adjoining National Forest range is "given nearly the same weight with the ownership of cultivated lands."
RanchersHaveRights
I found hundreds of articles.
To get them organized is the challenge.
Please be patient,
Check for updates.
I'm not a lawyer,
I like to read laws,
court cases,
and
old newspapers.