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Federal Grazing District Water Rights TUESDAY
SOUPS: Clam Chowder ∙ Chili
by Ron Stoneberg irrigation. Stockwater use on the dry SPECIALS:
The Congressional Desert Land federal rangelands was overlooked and Burger Deluxe
Act of 1877 severed the non-navigable is different. In the first place, Federal Polish Sandwich
surface water and the ground water from Grazing District ranchers are dealing
the western federal lands and gave them with intermittent atmospheric water Dine at the “O”
to the states. This resulted in a split (rain and snow) that falls mainly on the
estate of the western public lands. The pasture or allotment and is consumed
Act of 1890 declared all lands west of the by their livestock. Secondly, it is hard 228-8006
100th meridian were under the “Prior to specify points of diversion since the
Appropriation Doctrine” as it applied moisture can be spread over the entire GLASGOW
to water rights. It contained three main pasture (i.e. a late spring or early fall SCHOOL MENU
components: A. First in time, first in 6 inch snowfall). Finally, the periodic
TUESDAY
right, B. The user of the water and not spring runoffs have to be collected and
Breakfast
the owner of the land gets the water stored (i.e. reservoirs or pits) so water Cereal • Bagel w/ Crm Chz or
right, and C. The water must be diverted is available to the livestock and wildlife PB • Banana • Milk
and put to a beneficial use. Early during the hot dry summer months. Lunch
legislation and judicial decisions focused The federal government has been Melted Chz Sand. • Tomato Soup
w/ Sunflower Seeds • Goldfish
on encouraging and accommodating trying to take water rights from western Crackers • M. Oranges • Milk
settlement of the arid western federal grazing district stockmen since the
lands. 1970’s (New Mexico vs US, 1978) when
Overgrazing of the federal they claimed they owned the land and
rangelands contributed to the dust therefore they should have the water
bowl in the early 1930’s. This resulted rights. They lost in the US Supreme
in Congress passing the Taylor Grazing Court. They tried again in Idaho in the NOVEMBER 11-17, 2020
Act (TGA) of 1934 and President 1990’s when they claimed the ranchers’ Bone-In Picnic or Boston Butt
Roosevelt issuing Executive Order 6910, livestock were their beneficial use. They PORK ROASTS........................... $1.49 lb
Certified Angus Beef®
both of which resulted in all unclaimed lost in the Idaho Supreme Court (Joyce SIRLOIN TIP ROAST ................... $2.99 lb
Certified Angus Beef® Boneless
federal land in the 12 western states vs US, 2007). CHUCK ROAST........................... $4.49 lb
being removed from the public domain, Now they are in Montana and Boneless
PORK SIRLOIN CHOPS ............... $1.99 lb
effectively ending the homesteading era. are trying a different tack to claim a Frozen Bone-In
The TGA authorized the creation beneficial use. Since the BLM has never SPIRAL CUT HALF HAM .............. $1.49 lb
Cook’s Bone-In
of Federal Grazing Districts (six in used the water and has no intention SHANK PORTION HAM ................. 99¢ lb
Montana). The federal lands within the of using the water, they had to go to Willamette Valley Chicken, Pork, or Turkey
BACON WRAPPED FILLETS ......... $3.99 lb
districts were determined to be, “chiefly ridiculous lengths to show how they Family Pack Certified Angus Beef®
valuable for grazing and raising forage were putting the water to a beneficial use. NEW YORK STEAKS ................... $9.99 lb
Bar-S 1 lb. Select Varieties
crops” by the Secretary of the Interior. In They scoured the Montana water rights FRANKS .......................................4 / $5
addition, it allocated federal allotments legal history and found an early Montana Bar-S 32-40 oz. Select Varieties
SAUSAGE................................. $4.49 ea
to adjacent stock raisers. The goals of Supreme Court irrigation ruling (Bailey Banquet 50 ct. Original Brown ‘N Serve
these actions were; to stop the extensive et. al. vs Tintinger et. al., 1912) that had SAUSAGE LINKS ....................... $4.99 ea
overgrazing, stop the erosion, help make nothing to do with stockwater rights.
the agricultural operations economically In Bailey the court ruled the Public
n io r Citizen Cente
Se r
Sen
viable, help the economy of adjacent Service Corporations that diverted,
communities, and improve the habitats
for wildlife. It has been tremendously
delivered, and sold water to settlers and
homesteaders for irrigation could obtain TUESDAY
successful on all points! a water right even though they were not
Most of the laws, regulations the beneficial users. However, when a Meatloaf
and judicial decisions concerning federal agency (Bureau of Reclamation)
Call for reservation by 9 AM
water rights relate to live streams and continued on back page 228-9500 Grab~n~Go
Grazing Rights continued from page 4 since ranchers held vested water rights. If the federal
does the same thing they do not get a water right. government gets the water rights, that roadblock will
In 2014 the Montana Water Court’s Water have been removed. They will then be free to dispose of
Master heard preliminary testimony concerning the the federal “public” rangeland.
adjudication of water rights on Beaver Creek a tributary If the BLM does not intend to use the water and the
of the Milk River Basin (40M). Unfortunately, the ranchers will still be able to water their livestock, where
Montana Water Master, the Montana Water Court and is the problem? There are a couple of major problems!
six Montana Supreme Court judges bought the BLM’s First, the rancher is losing a vested property right that
faulty argument that since they built the reservoirs cannot be taken without due process and payment of
they were delivering the water to the livestock and just compensation (US Constitution, Amendment V).
the livestock were their beneficial use (Barthelmess, These vested rights are being replaced with a privilege
2016). Luckily, there was one Supreme Court Justice that can be taken for any reason at any time with no
(Judge McKinnon) who read the laws properly and in compensation (how much “privileged” grazing is left
her dissent totally destroyed the majority’s decision. on the CMR?). Secondly, how much will the ranch be
She convincingly details how Bailey is inapplicable to worth if it does not have a guaranteed summer range
this case. One aspect she missed was that BLM did not water right?
construct the reservoirs or pits. Their main role is to Since the Montana bureaucracy (DNRC) and
inspect the site to make sure it will function as intended the Montana Courts have not protected the ranchers’
and would not harm archeological or wildlife etc. property rights, their two choices are expensive litigation
features. If it passed inspection a contractor was hired or help from the Montana Legislature. Hopefully, the
and paid with the rancher’s range improvement funds new Administration and Legislature will be sympathetic
(50% of the annual grazing fee). The structure then to the ranchers’ plight and pass a bill similar to the one
becomes appurtenant to the rancher’s private property. passed in Idaho that says the BLM cannot hold a water
In other words, the ranchers own the water rights in the right on the Federal Grazing Districts in Montana.
reservoirs and pits on their federal allotment. Judge
McKinnon’s excellent dissent (Case No. 15-0533, MT
Supreme Court, 2016, MT 348) is a must read for all
ranchers having their federal allotment water rights
adjudicated.
Basically, most of the Federal Grazing District
ranches have been using this water for over 100 years
and nobody contested or complained about this use of
the water. For some reason the Federal Government
has now decided they want the water rights. They do
not want to use the water; they only want the water
right. The obvious question is, WHY? One possible Stop on by the BACK of the
reason is the federal government was stymied in their
attempt to dispose of federal rangeland during the
Sr. Citizen's Center
Sagebrush Rebellion because they did not have clear title between 5:00 - 6:00 pm
on Wednesday, November 18th
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