Horse News

Government Lawyers Mislead Federal Judge on Wild Horse Water

written by Steven Long ~ Editor/Publisher of Horseback Magazine

Artist Laura Leigh with Captured Calico Horses ~ Photo by Elyse Gardner

HOUSTON, (Horseback) – When Laura Leigh, an author, artist, journalist, and litigant chased the BLM into the desert to observe wild horse capture after a federal judge told her she could do so, she wasn’t allowed to see horses – but she did see water.

Judge Larry Hicks lifted his temporary injunction and permitted the federal Bureau of Land Management to capture horses in the fierce July desert heat of Nevada. As in previous death chases, the result was predictable. Horses dropped after being relentlessly stampeded by a roaring helicopter owned by BLM contractor, Cattoor Livestock Roundups out of Nephi, Utah. The federal agency had lied to the judge, telling him that death by thirst was imminent if they weren’t removed.

Hicks granted the plaintiff, Leigh, a first amendment stake in the chase. He told her it was unconstitutional for the BLM to ban her from observing the horses. In reply, the agency pulled off a cowboy hat trick of sorts in the desert. They moved the trap, the pen where the wild animals were to be driven, onto private land in a mountain canyon out of sight and then told the sheriff’s cops to arrest trespassers, including the litigant who had just won the right to see what BLM was doing in their “gather” first hand.

While Leigh didn’t get to see the objects of the BLM chase, North American Mustangs, she spotted something equally important and precious in the desert – water at the fenced off Desert Ranch Reservoir.

“While the reservoir is located on BLM public land, the water in the reservoir is privately owned (i.e., the private owner holds the water rights in accordance with State of Nevada water law),” said BLM’s Washington spokesman, Tom Gorey. “The reservoir is mostly fenced, but the fences are constructed in a manner that allows wild horses access to the privately owned water in at least three locations. As a result, wild horses are able to move freely to and from the water using the large gaps in the fencing.  In short, access to the reservoir water by wild horses is not blocked.”

If access to the water hole was open in three places, Leigh had caught the BLM lying to a federal judge.

“Desert Ranch Reservoir on public land is less than 5 miles from the trap site,” Leigh told Horseback Magazine late Monday. “BLM has the authority to utilize resources on private property to deal with emergencies. (BKM Director Bob) Abbey declared this issue in Owyhee an emergency.”

Gorey acknowledged today that there is water available to the horses that are being stampeded by the BLM contractor.

“In general, water within the Owyhee Herd Management Area (HMA) is provided primarily by unfenced public land reservoirs (water catchments),” he said. “There is also one spring, called Bookkeeper Spring, which is located on unfenced private land within the HMA.  This spring is normally adequate to water a small number of wild horses, but because of drought conditions, there is very little water available for use this year.”

Claiming extreme drought conditions, the BLM has delivered more than 30,000 gallons of water to the horses in the Owyhee HMA since Monday.

By admitting that water on public land is privately owned, Gorey raised a significant issue. What was the federal government thinking when it privatized an asset as precious as desert water, selling it out of government control? Moreover, when was it sold, for how much, and to whom?

“My assumption is that the BLM has never held the right to this water,” Gorey said.

It the government doesn’t own the water on federal land, who owns it?

Gorey has promised to research the ownership issue of water BLM lawyers claimed was nonexistent, so scarce, the deaths of hundreds of otherwise healthy horses and foals was imminent.

“Why did the BLM choose to press a stressed population through the round up instead of stabilizing the situation and waiting?” Leigh asked. “The claims made in the report given to a federal judge outline a population so fragile that BLM projected would be dead in three days (if the agency was not allowed to round them up.”

Leigh has filed briefs charging the BLM with contempt of court.

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104 replies »

  1. R.T.–not sure the link to assist with the legal fund is working–I just clicked on it and got to a Word Pres page asking for my user ID, etc. Thanks for checking into it.

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  2. As I learned during our local “water wars”, many people claim they have a water right but can’t prove it. This is especially true of folks whose families have been in an area a long time. They’ve said they have a legal right to a certain amount of water for so many years that people assume it’s true. In many cases they either don’t have a legal right, take more than they’re entitled to, or claim a false priority.

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  3. Not taking away anything from the research that Gorey has “promised” to do but I think I will take a look at water rights also. Maybe I can help him out, ya know he must be a busy fellow what with chasing all those horses to death and plotting what their spineless moves in the upcoming raids will be.

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    • Hi Morgan – Having fun with the water rights research?

      I spent much of last night and this morning “googling around”. I thought NM was bad, but once I got into this thing I was overwhelmed.

      Thousands of lawsuits spanning hundreds of years. Historic/Senior/Priority issues all the way back to the Treaty of Guadalupe Hidalgo. I read even the BLM and USFS policies are different, but haven’t explored that one yet.

      Never seen such a mess in my life!

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      • Thanks for the warning, I was going to delve into this starting this afternoon. I’ll make certain to have the Excedrin on ice.

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    • Western Watersheds Project certainly has much of this info, but they’re already busy with numerous projects and lawsuits. If I find a “nugget” I think would be useful, I’m not posting it to the blogs. I’m not normally a secretive person. In this case I feel exceptions are necessary.

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  4. Does Laura know the report on The MustangProject that wells were not turned on this summer? Wells that the horses have become reliant on using over possibly decades.

    And, am I reading this correctly? BLM actually moved the trap sometime between the 14th and the 16th to private land?

    If that does not totally chap this judge, then we are all doomed that this type of sociopathic and mobster mentality activity can be condoned.

    Would contempt even be applicable anymore? This would be such a totally gangster type aggressive activity to actually move the trap to avoid complying with a Federal Court!

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  5. Good work out there in Owyhee! Did the BLM and the Cattoors really think they could create a drought and we would all fall for it? If people can see water near the capture zone and it does not jive with the Huge, Deadly Emergency, would BLM have started to kill horses to cover up the evidence just as they drove all those horses in question away as fast as possible to avoid having them be seen? Yes, I believe they would have. Good luck with this judge being smart enough to admit he was wrong but erred on the side of compassion. Something BLM counts on all of us to have and be manipulated by. They have not an ounce of compassion themselves, all the easier to jerk us all around. mar

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  6. By the way, we love our wild horses but let’s take off the rose tinted glasses from here on out and see BLM as clearly as we can. We need to be unflinchable from now on. We are wild horse warriors. They be slime mold. mar

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    • I completely agree with you Marilyn. The BLM have taught us beyond any and all certainty that if there is an act that we think no human would do they will do it. We need to see this and anticipate it. Let’s be looking for their base actions for the remaining scheduled roundups. I feel sorry for the people on the ground at the BLM who rely on this job as a source of income and have to stomach the cowardly, game playing horse murderers that control their actions. The other ones that gladly go along well………(insert favorite obscenity here)…………

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  7. BLM horse rustlers/murderers move to private land? Hmmmm, let’s see.

    (1) How did they (or the contractor) secure that land so quickly? I’d love to see that contract/agreement.

    (2) What don’t they want the American Public and worls to see if their work and methods are so noble and pure?

    (3) Is the private land really private or land that has been grazing permitted?

    (4) Is the “lack” of water a contrived situation to give them excuse making and justification for this insane, reckless death run?

    (5) Gorey doesn’t know who owns the rights? BS! And via emergency as already stated here, the Feds could have gotten access. I’m starting to think that this fencing off is a recent action to dehydrate the equines and excuse make/lie to the public and judge.

    Why is it that jurists never seem to realize that these roundups and injuctive release requests are literally matters of life and death? How many dead American Icons do we have to have before the judicial system and Congress (or the President) do something?

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    • The BLM secures the permission to round up on private property. Wonder what the private land holder gets in return?

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    • Denise, #6 – TheMustangProject is reporting that the wells that are normally on all summer for the multiple use of cattle on this particular range, were “coincidentally” NOT TURNED ON this particular summer of 2010 because no cattle were turned out on the range (only one summer of a 10 year drought and they pick this summer to keep the cattle all tucked in?).

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  8. AND , after moving all these “stressed horses” over to PVC, the horses are being PROCESSED right away. No attempt to let them settle in, get over the shock, nothing. Throw them into trucks, throw them into pens, throw them into the chutes and start branding, gelding, changing them forever. BLM cares NOTHING about these horses, their aim is to get rid of them as fast as they can.

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    • That’s disgusting … but also predictable. I suspect that BLM decision-makers know that they’re facing some serious legal questions and consequences, so they’re hurrying through every step of the way. Less evidence to look at.

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    • They are livestockers, not horsemen on the government dole. They want as many to die as possible; the more that die upfront….the fewer to warehouse.

      Wanna bet Cattoor got the get the water to the horses task….can anyone say CHHAAAAHHHHhhh-CHING$$$$$$$$!!!!! And water not more than a skip away? Sick, absolutely sick!

      And the ACT, whether amended or not still requires the application of “humane”…not anything goes.

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      • I believe it is in Cartoors contract that they are required to water and feed the captives. So they are already being paid to water and feed. The Cartoors should be made to follow the local states humane, housing,shelter,feed,water, handeling and trucking laws. It has to be a crime to run your employers foal, pregnant mares and horses 5 plus miles over lava rock in every states lawbooks.

        Out of the Mrs. contracters own talkie mouth I rember her her saying(or in text) “horses don’t need water for 24 hours” not a direct quote, however she did admit breaking her contract to provide water! And most all round-up vids on the net especially the old ones from 5ish years ago, there is *never* water in the round-up pens.

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      • Laura,

        (your quote)

        Laura Houston
        Jul 21, 2010 @ 13:42:25

        I believe it is in Cartoors contract that they are required to water and feed the captives. So they are already being paid to water and feed. The Cartoors should be made to follow the local states humane, housing,shelter,feed,water, handeling and trucking laws.

        (end of your quote)

        HAVE YOU SEEN A CATOOR LIVESTOCK/BLM WHB REMOVAL CONTRACT? What has lead you to “believe” they (Catoor) are required by BLM to water and feed the captives?

        Is there a contract online somewhere you may have seen, or did you “glean” this from various comments on blogs, or from BLM comments in the press or at meetings, or is this sort of an expection you have that a contract drawn up by a reasonable, prudent (or “normal”) person would include Catoor Livestock’s requirement to provide water to the captives?

        Just as an ‘aside:’ a county ordinance in my county uses this term, “normal person” when referring to noise levels. (Noise levels would not be considered ‘excessive’ if they would not disturb a ‘normal’ person). I guess if a person who lives in my county is abnormal in some way, and some noise disturbs them, then they are not protected by the county ordinance, which only protects ‘normal’ people. It seems possible that because of the wording of this noise ordinance, if a person were afraid of being perceived as other than ‘normal’ they might be reluctant to press a noise issue for fear of being seen as ‘abnormal.’

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      • Laura, I think in Nevada that horses are considered livestock.

        Nevada doesn’t require that livestock be protected in the winter months.

        I learned this during the period when the Calico horses were exposed to high winds and low temperatures for several weeks without any windbreaks provided, while in captivity.

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      • Janet, first, someone recenlty posted that wild horses are by Federal law or Federal decree “wildlife” and not livestock – maybe it was you Denise or Laura that posted this?

        Second – normal vs abnormal – that is hilaraious! Thanks! You made me laugh through such an appropriate, and yet at the same time humorous discourse.

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    • And that my American Icon co-supporter is the fact…they are dying by slow bursts of cruelty and insane, irregular methods of “processing”. And there, my fellow American Icon and domestic equine supporters is the crux of the case before us. I won’t devulge more on a very public thread that has garnered the attention of the known rustlers/murderers.

      I have heard that they are all not going to PV or Fallon or Indian Lakes or whatever chess piece style of location terminology the horse rustlers/murderers choose….some have been shipped in great distress, without rest or proper hydration to central Utah.

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      • Denise, I don’t think any are being shipped to indian lakes facility, many of the stallions are being sent to Gunnisoan Utah, the rest, to PVC; yes, the horses that are SO STRESSED by lack of water, are being trucked all over, during this intense heat, and then, w/out a momnet to get their bearings, are shunted through the processing chutes, and you know the cattle prods are out, because this is ALL about hurry up! so that, even if a judge somewhere does something, it will be too late, as all the horses will be gone.
        It just makes me SO angry.

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      • I see no difference between how the BLM is shipping these dehydrated, stressed, traumatized horses for hours in the desert heat and how the killpen buyers ship and transport horses to slaughter immediately after auctions.

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      • Jan…you are speaking of specific details and savewildhorses understands my point about the total picture (as you did later in your post)…they shouldn’t be shipped anywhere based on 21st animal science management practices…Period.

        Of course, you (not you Jan) want to kill as many as you can.

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      • Good gravy!

        “…Of course, you (not you Jan) want to kill as many as you can.”

        It should have read, ” Unless, of course, you (not Jan) want to kill as many as you can.”

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      • This is some of the worst abuse I have known of and it is nothing unusual for those handling these horses. Expediency and secrecy and the whole 9 yards is their constant bottom line. The “Inventory” is captured, shipped and processed and not seen by anyone but BLM/contractors. This is insane and should be investigated. I have no idea why we have not had a report from PVC about these horses. People are out there and taking photos. Choose someone’s pics for the public, please. We need to see also…. mar

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    • I have seen horses being moved into a sanctuary, they are held in large corrals for about a week, they have water and hay. The horses are untouched by human hands. BLM does care for those horses far more then you would care for them.. To you I bet you would be in there with them doing your touchy-feely thing scaring them out of there minds. Those are WILD Animals NOT HUMANS in fur coats. They have different needs then humans. If any of you animal rights people would read the billions of dollars in equine research thats out there you MIGHT learn about those beautiful animals. Horses aren’t how any of you think they are. They are equines that have nothing to do with YOU.

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      • Skippy, if you call the holding facilities that the BLM puts the horses into when first brought off the range SANCTUARIES we are definitely not on the same side.
        I have 5 equines out on my farm right now, so i do know a tad about horses, handling them, how they think, how they act and react. My comment was that, these horses had JUST been rounded up, stressed beyond all endurance, thrown into trucks, taken away from their families, the mares away from their stallion protectors; and without giving them ANY time to settle down, they were then pushed through chutes and “processed.” you’re right in that BLM doesn’t touch these horses by hand, no, they use sticks w/ plastic paddles/bags on the ends or worse, cattle prods, to push the horses where BLM wants them to be as fast as they can get there. BLM puts incredible pressure on these horses from the moment the roundup begins.
        Do NOT insult me by assuming that you have ANY idea how I would care for these horses or by assuming that I know less than BLM. I have watched videos of these “great” horse handlers. If you think the horses are better off in their hands than in mine, or better still, out on the land that is THEIRS; i can only say “God help you.”

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      • Skippy, every time I read one of your comments, I wish you would SAY MORE.

        Your tone, however, is extremely accusative and belittling.

        Every time I wish you would tell more about what appears to be a great deal of experience with the horses, the land, etc., and the history of the place they live,and even your sympathy for them, I personally cannot get past the KMA-attitude with which you deliver your prose, and as a result, what I respond always sounds

        COMBATIVE.

        Is this what you are trying to accomplish here?

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      • Skippy, mulitple gather sites have been videotaped in the past from beginning to end for the whole world to see – we can all watch them all on the internet. But thank you for sharing your experieince. Which were at which gather sites? The dates please.

        Calico last winter is the first with limited public observation (in at least recent history tht I know of).

        This Tuscorora is the first one (other than the one held secretly while Don Glenn was videotaped telling the world all that ALL gathers would be open to observation) that I am aware of that was off limits entirely to observers. Then when a Federal judge decreed that BLM would make Tuscororo open to observers, BLM in the the next 24 hours moved the trap site to privaet property – and then had the local law enforcment bar the plaintiff access.

        They did not keep the horses even 72 hours before they trucked them to the two prisons for processing, this is according to BLM, so either you were NOT at this gather or BLM is lieing and the horses are still at the trap waiting for that “week” you claim to end before being transported. However, then the prisons are lieing because they and the vets say the horses have already arrived – all hush hush, rushed and secret other than BLM’s printed word – they don’t have access to cameras? And why have they barred the press? What is their agenda?

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  9. The public doesn’t own water on public lands? That’s interesting. I’d think that the water rights would also be leased, not owned by private individuals.
    In this case, though, it only really matters that the water is actually there and accessible when Judge hicks was told that it wasn’t. Even if it’s water for private use, emergencies are emergencies. Why not use that water to hydrate the horses for several days before running them?
    So, as I see it, not only did the BLM and contractor lie to the judge about water accessibility, they also chose not to tap into that source or encourage the horses to access the water. In other words, they chose to chase horses they knew were dehydrated (without bothering to provide nearby water they knew was available) which certainly constitutes a lack of humane treatment. THAT is a direct violation of the 1971 protections, as far as I’m concerned.
    Lookig forward to seeing how all of this mess unravels.

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  10. “My assumption is that the BLM has never held the right to this water,” Gorey said.

    The BLM relies on assumption a lot.

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    • There really is a lot of assumption bandied about… as well as out-and-out lies.
      How can the Bureau of Land Management NOT know if water on public lands is under their jurisdiction? How can some one is this man’s position NOT know that? Would he be willing to state his ignorance — or excuse me, his “assumption” — in front of a judge? Could he even pass a polygraph on that whopper?
      Public lands include public waters, as far as I’m concerned. BUT, even if the water were “owned” by private business on public land, this was supposedly an emergency situation. Here’s the real deal on emergencies: If there’s a wildfire, for example, and the only water nearby is on private land, firefighters will go to the land owner and say, “This is an emergency. We’re going to draw water from your pond/lake/water source.” It happens all the time, because emergencies warrant swift action and the use of readily available resources.
      The BLM claimed (after they started the round up) that this was an emergency. But if they had treated this like a genuine emergency, the water would have been drawn from “private” water sources and used to re-hydrate the horses, even if public sources weren’t available.
      So, the judge was lied to about horses’ accessibility to water sources — AND the BLM didn’t treat this situation like a true emergency, utilizing water sources they knew existed in the area to address the emergency situation. They made a huge deal about trucking in 30,000 gallons of water and how difficult that was, when they could have stuck a hose over the fences into readily available water.
      Or better yet … how about removing sections of fence so the horses didn’t have to navigate a maze of barbed water in order to get to the water they’re supposed to have access to?
      The truth is, the BLM knows there’s water out there, but refused to use it to humanely assist horses they said were in distress. Direct violation of the 1971 protections, IMO.
      I’m really looking forward to getting some answers and seeing the BLM forced into accountability.

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      • I believe some water was from local ranchers. They did fill the water truck at the reservoir. Janet F. has been telling us for months that Nevada owns the water but then people lease/buy shares??? mar

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      • As I understand it, there’s a big difference between owning water and owning a water right. States own the waterways (actually, they hold them “in trust” for the public, including public enjoyment) and the State Engineer manages the waters held within or flowing through them.

        Owning a water right means the owner has the right to use a predetermined amount of water from a waterway based on seniority. The water right isn’t necessarily attached to the land. If you’re buying property with water on or abutting it, check the water right to make sure you’re not left high and dry. The more senior, the better!

        The water right owners are supposed to use no more than has been legally allocated but often more is taken, especially by irrigators. The only way to slow down stop this is by metering. Some ditch associations have installed meters, but most usage is based on the “honor system”. You can imagine how well that works!

        BTW, is it raining where you are? You may want to think twice before filling up that rain barrel … the “rain police” might come knocking on your door! Here’s why:

        http://www.popularmechanics.com/science/environment/water/4314447

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      • Also, the feds sometimes try to trump the states. The Spring Valley, NV, area is being targeted for a pipeline to supply Las Vegas. Sort of a federal “eminent domain” (highest and best use) for water. Got to keep those fountains and swimming pools filled to the brim!

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      • Mar, that information came from a BLM employee named

        BRIAN FUELL

        In a telephone conversation earlier this spring, he told me, (as pertained to a certain range) “Forage isn’t the problem out there. It’s water. The State of Nevada owns all the water. (or controls all the water, or something . . . . .. ) So then I went to the website of the Nevada Water Commission or whatever it is. You can read all the latest water lease info on that website. Posted link somewhere a while back. . . .

        Nevada seems fraught with County Commissions, and all sorts of things to confuse and confound the innocent.

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    • My current (subject to change upon enlightenment) understanding from speaking or emailing the Nevada Water people is that the horses use the water that the State has designated for Wildlife use. It is not specificallly designated for horse use, but for wildlife use. . .the horses are the last “man” on the totem pole, so to speak.

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      • This is an email exchange with a helpful person at the Nevada Division of Water Resources (from my files):

        From: Water – Info
        Date: February 12, 2010 3:23:47 PM CST
        To: Janet Ferguson
        Subject: RE: Water in Nevada

        These are archive reports.  I don’t know of any more recent detailed reports – by the way, which Antelope area?  We have 3 Antelope Valleys in the state.

        In herd management areas we do issue permits for “wildlife” on various sources that takes care of the needs of those horses.

        Bob

        Robert H. Zeisloft, P.E.
        Section Chief, Surface Water
        And Adjudication Sections
        Nevada Division of Water Resources
        775-684-2800
         
        rzeisloft@water.nv.gov
        775-684-2809
         

        —–Original Message—–
        From: Janet Ferguson
        Sent: Thursday, February 11, 2010 1:38 PM
        To: Water – Info
        Subject: Water in Nevada

        On your website, I found a “reconnaissance report” for the Antelope area.

        Click to access rpt19-antelope_mReese_river_valley.pdf

        Is there a more recent one, or are these archives only?

        I understand the State of Nevada is the authority in determining water availability and for apportioning water use.

        How does your activity affect the wild horse herds of the state?  

        Sincerely,

        Janet Ferguson

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  11. Forget the BLM the are NOT protecting our horses. We know that.
    All of us need to get to Congress and demonstrate that the BLM is NOT living up to what the taxpayers THINK is “protection” for our wild horses. The BLM is Not our friend so our energy needs to be directed at Congress so laws can be reinforced and updated NOW to protect OUR wild horses and burros.
    Anotherwords, forget the BLM. Let’s all work with our Congress people.

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    • Agree 100%. The BLM will not change without the full power of Congress with the President’s signature forcing them to. And Congress won’t make them until the people demand it.

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    • Several people received IDENTICAL FORM LETTERS when writing to their congresspersons on this issue.

      Usually the form letter has to do with animal cruelty, or something.

      Congress seems to be incommunicado on this issue.

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    • gomappy3, agree – I think we would do well to urge the passage of ROAM, fix it as best we can, then ammend it again next year, and the year after, however long it takes.

      If we continue to wait for something that is “perfect” that will never happen.

      The only perfeciton is the a continuall watch of all possible legislation that might in the future start to chisle away again.

      My recent research into AHPA (was that it?) let me to see that law suits against BLM began in 1974 and here we are today doing the same thing with little to no result- that energy and effort could be better spent?

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  12. People sure get up early at the BLM. “Just leaving at 4:00 a.m.?” Calling their bosses at 4:00 a.m.?

    I know it gets hot later, but, gosh — do they always work all night?

    (See Laura’s summary of events in the Court document)

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    • Outside workers in AZ deserts start at 5 AM for up to 4 to 6 months of the year – it is 90 + degrees this time of year as the LOW – over 100 by 8 AM. Construction projects have to notify neighborhoods 30 days in advance, due to 8 AM noise laws.

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  13. These recent activities are nothing less than mobster gang trained tactics of moving drop houses. Moving traps overnight to avoid whatever they are trying to avoid – so we can’t see them – like Bush not allowing the press to show the coffins coming home. Now moving horses swiftly & secretly across State lines to avoid detection, keeping water wells turned off, fencing water, not reporting true conditons on the range, tromping on the constitution, spitting on the face of the Federal Courts – and blaming us! This is our DOI folks!

    I am ashamed to be a citizen today.

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  14. there are pictures on Terri Farley’s blog of a few mares w/foals. Can anyone tell me what BLM does w/the foals as the Moms go through the chute to be freeze-branded and other wise processed? do they get squeezed in w/them, or are they seperated from each other? either way is just additional stress on already overstressed horses.

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    • With the blm the way they have so many orphans all over with mares taking in 2 or even 3 orphans. Other foals starving to death in front of the blms unseeing eyes. Other mares foalless, stressed and then ‘stealing’ submissive mares foals.

      It must be hell to be a newborn foal in the hands of blm. There are so many ways for a foal in those crappy feedlots to die.

      The BLM may do nothing to the foals at all when they run the mares through for shots, worming,tag and freezebrand.

      I’m never calling Vetting processing, processing is what people do when they can fruit!

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      • That’s fine Laura, but vetting to me is what my vet does when he comes out to my farm and caringly gives my horses shots, checks them over, talks to me and them about what he’s doing and why, and we’re not on a “hurry up” timetable; what BLM does no more resembles real vetting than a peach pit.

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  15. I spoke to Matt Dillon at the Pryor Mountain Range the other day. My assessment of the state of our nation in regards to the wild horse and burro population comes down to one simple concept, after having talked with him, and I would like to share that here.
    But first, I want to say that I understand the extreme urgency of the situation, and that there is a problem of events happening without public consensus, in fact, with public outcry and rage. That the agency of BLM is regarded with an absolute hate and distrust by many, if not all, lower states advocates at this moment; and that in their opinion, they have work to do and no policy otherwise.
    I see that the problems occur much faster than can be documented or contested, and seem covert. This looks like a case of cat and mouse, in one way. The more advocates chase the BLM in the lower states, the more the BLM will try to do its job without interference, trying to anticipate the moves of the advocates as they in turn attempt to do the same; and the two are chasing each other, more like the snake chasing its tail.
    What I think needs to happen is a new Roam Act needs to be written. Has anyone done this?
    If not:
    Advocates would be wise now, I think, to put their heads together to write this. In Pryor there is much less trouble between the BLM and the caretakers of the range heard. That is for two reasons, in my opinion. One is the tradition, focus, and formality of an established range site. The time of the act dictated that range be set aside in Colorado and Montana/Wyoming to facilitate the Wild Horses. The simplicity and purity of the designated range, and the longstanding tradition, fosters this ease of relations between all parties and the public.
    The problems come in the “lower” management areas, so I propose that the new Act doesn’t have any lower management areas. I propose that only range areas be designated, and also that the Wild Horse population be taken out of the adoption population using fertility control for one year only.
    The second reason for ease of relations in Pryor, for instance, is the hope of fertility control as the only method. But in Pryor the problem comes down to the well meaning BLM officials who have difficulty obtaining license for PZP from HSUS, who is also confused about their task as provider of the method.
    So, provisions need to be written into the new act to account for PZP distribution.
    Mr. Dillon makes a wonderful point, that in managing the breeding of their herds using the less expensive one year PZP treatment, they allow the mare back into production, and offspring of a variety of genetic inheritance. They ease the commitment of the mare to only the one year.
    I suggest that at least one range in each state be designated, if applicable, and designation is where the BLM knows who wants what land for what purpose right now and so must be consulted. Locking horns or otherwise destroying this relationship puts everyone further from resolution.
    In Pryor, the BLM is looked upon relatively respectfully. This tells me we have regional-specific policy problem for the lower management areas.
    Mr. Dillon says he would choose to do away with gathers of all kinds, and that with fertility control it is quite possible. In this case, the BLM is free to manage lands in areas where they need to focus their efforts, and would be largely released from the current heavy obligation to the Wild Horses, which is their goal.
    We see a long history here. And we now have a very cramped state of affairs in our country. We would like to win our case by losing the biggest pushers of what we see are the problems, the Senators etc. We’d like to take our case all the way to the Supreme Court. That is where it should go! We must have something to offer as an alternative in hand during that process, though. For no one person can be hired or fired to solve this without an accurate, relevant, comprehensive, new Act.
    It is worthwhile, simply to have peace between the citizens of this country and the government agencies.
    While commercial ventures are able to thrive and strive ever forward, with advertising and marketing that adapts to an ever changing commerce, it is funny how government agencies continue to be caught in an eddy along with good, concerned citizens. Step back, offer an alternative. If we have our priorities straight– our desires on both of the sides– then a comprehensive plan shouldn’t be impossible to write- a win/win plan.
    This plan must also take Indian Reservation horses into account. These tribes were not offered an alternative, and so have forgone their ancestral heritages to sell their Spirit Animals. We now allow this. We must offer them an alternative, and occupations in range management may be one good alternative.
    We have a problem of over-stressed non-profit rescues. As long as there is a structure to maintain the status quo it can continue. With the Wild Horse situation resolved and the Wild Horse and Burro population in tact on ranges, efforts can go to curbing the ills of the transport and slaughter trades, where overpopulation is key.
    What I am suggesting is that someone who can try to write the perfect solution. Then offer it to the appropriate officials.

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  16. Thought everyone might like a little laugh. I get these White House messages almost every day thanking me for something or other I didn’t do. This one is about Wall Street reform. Just the first and last paragraphs, which are pretty stock. No way to return a comment.

    Linda —

    When you and I set out on this journey three years ago, we knew that ours would be a lengthy struggle to build a new foundation for this country — one that would require squaring off against the special interests who had spent decades stacking the deck in their favor…

    …You and I did not build this movement to win one election. We did not come together to pass one single piece of legislation. We are fighting for nothing less than a new foundation for our country — and that work is not complete. As we face the challenges ahead, I am relying on you to stand with me.

    Please donate $5 or more today:

    Thank you for helping us get here,

    President Barack Obama

    Needless to say, I have better places to put my $5. I’ve sent messages on the White House/Obama sites asking why I should support and work for the President’s (specific) programs/legislation when he won’t even recognize mine!

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  17. Just found this on the BLM’s facebook page:

    “BLM Wild Horse & Burro Program The Bureau of Land Management (BLM) accepted an offer from the American Horse Protection Association (AHPA) to initiate a pilot Independent Designated Observer Program that involves observation and reporting on the care and handling of wild horses and burros during this summer… See More’s gather season. One of AHPA‘s missions is the protection and preservation of America’s wild horses and burros on US public rangelands. AHPA is responsible for selecting the team of independent credentialed professionals who are academia-based equine veterinarians or equine specialists, from among universities with established equine veterinary medicine or equine science programs, such as Michigan State University, University of Kentucky, University of Vermont, West Texas A&M, Rutgers University, and UC Davis, who will attend at least three of this summer’s major gathers. Two such observers were on site at the Tuscarora gather from July 18-20.”

    A poster on an I-Team Ch. 8 news article said that the executive director is Robin Lohnes of the BLM’s Advisory Board. I couldn’t find that yet, but I agree with the poster’s comment: “how is this an independent, non-bias observer?”!

    They’re up to something…again.

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    • A pro-horse slaughter group to observe wild horses?

      Lets demand to see their observers full written report from July 18-20.

      I would like to see in text what a Vet says about running horses with aircraft in any temp.!

      I would like to see in text what they think causes heat stroke in horses.

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    • Are these observers who were on site going to share anything with the public or did they have to sign a form vowing them to secrecy? Mums the word?

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    • They had two observers there – but NOT Laura and Elyse!

      I hope the judge has plenty of towels handy for all the spit he has on his face from BLM.

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      • First off, there was no vet present for this gather until he was CALLED IN when the mare with the foal got kicked in the knee, fractured, and needed to put down…nothing of consequence was noted by the vet at that time of horses with fried brains,,,an emergency was not considered until the next morning when the contractor and blm arrived..only to find 4 dead horses and others in obvious severe trouble..at that time the gather was postponed while “they” dealt with the crisis. Think about this, they told the judge and all of us in the EA..there was a severe drought and crisis in this HMA, and they didn’t even have a vet present.

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    • Robin, I think you have to think like the BLM. They think extremely professionally. They would only accept a group of vets. The BLM wants resolution, though. That is the subtle point that I think we should understand.
      The only problem is in the very strictness by which they will accept help.
      In my extremist opinion, vetrinarians have violated their oaths for many decades now by not making the kinds of moves we are as advocates. For that, I have lost respect. The sheer amounts of abuse shown have been and now should be stamped out by the vetrinary societies. But instead, because of swapping drugs and prestige with the medical community, the vetrinarians are intimately woven into a fabric misusing animals. 
      By not doing anything to help them, I feel that I perpetuate their suffering.
      The BLM will find success by designating ranges and facilitating the infrastructure there to manage permanent herds. Take the stance of those oldtime ranch and cattlemen who developed the original Act. They wanted to save the herds, but they should have only designated pure ranges. They never anticipated the efficiency with which men would try to gather, using machines in the sky to such extents. They also didn’t anticipate the changing country, population, nor the caliber of man here at this time. They were still very much connected to the Frontier.
      Using the two current ranges as examples, I think it is easy to see that solutions come when things are not in such flux. When management isn’t such a question mark, as currently is the case in Nevada for instance.

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  18. Nora, I’m having a hard time finding anything more recent on this group myself. I can tell you I DID find Robin Lohnes’ name listed as the contact for AHPA, and I DIDN’T find this group on the list of those against horse slaughter.

    Roxy, I found the same thing. There appears to be alot of legal action in the past from this group.

    Laura, how did you find out they were pro-slaughter?

    If we think about it from the BLM’s prospective of damage control right now – partnering with any group with “horse protection” in their title should surely (in their opinion) make them look good to the members of the public who don’t know the whole truth about them yet…or make them look better to a judge while they have a contempt suit pending…hmmmm

    (Just my opinion, for those BLM folks reading the blog.)

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  19. The summer “gathers” need to be called off. The observations needed are in the herd management areas. Our people, funded by Herd Watch, are trying to do just that. There needs to be a complete assessment of land that is alloted to our Mustangs. That includes forage, water availability, and an accurate census. If they are serious about “an observation team”, they should include all members of Herd Watch.

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    • Louie – Do you really think the BLM would partner with people who might object to the selective editing or removal of their observations? Watcha been smokin’?

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    • Louie – I completely agree. I think the best step forward is to take a step back and take a deep breath. Let’s halt the round ups, complete an accurate count on the wild horses and burros on all public (possibly adjacent) lands, and have an independent agency conduct an EA.
      This is all being rushed. What’s the dang hurry? How can an agency possibly plan for or manage these animals without any idea how many there really are to begin with?

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  20. Linda, I agree. We just have to keep trying–like water on a rock. We all knew that this wasn’t going to be easy. When you go up against this kind of power and corruption, things get ugly. When an ordinary, taxpaying citizen or even a Federal judge questions this agency, we all see it reacts.

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  21. How can I resist?

    “. . . .bad boys bad boys
    wuchha gonna DO?
    wuchha gonna DO when they come for YOU?”

    I guess it’s obvious.

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  22. The question of who owns the water is a huge one. Ranchers have been going to court to re claim spring water on there land for years. Also how many of you know what land was in drought fifty years ago or 100 years ago. How many of you know what was water poor 10 years ago? Drought will come for a couple of years drying up the ground water then be gone. The rains come back and fill the ground wells…

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    • Well, when Uncle Sam was taking my income tax for the past 40 years, he never “quizzed me” on which lands were or were not in drought at the time.

      He always said, you are qualified to pay income tax to help pay all the BLM and their contractors’ salaries, come rain or come shine!

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    • Skippy, You seem to be asking questions to which some position or point is attempting to be made – but without answering your questions your post becomes “pointless”. No I don’t know the answers to your position – but you sound like perhaps you do? Please share.

      According to the US weather service this Tuscarora area has been under drought for 10 years.

      According to TheMustangProject, a cooperative group working with BLM, this particular summer, already scheduled for this gather, the cattle were not turned out – therefore the wells that normally supply water to cattle under multiple use and that therefore normally supplies shared water to the horses, water that these horses have come to rely on and migrate to for possibly decades, were NOT turned on this particular summer.

      These North Eastern wild horse herds have survived many droughts no doubt for 200 years at least, possibly up to 500 years if they are the Spanish descendants. No doubt that their numbers have dwindled during drought condition, just like all other wildlife does under these conditions that Mother Nature provides. Yet they continued to roam the ranges until the mid to late 19th century and early 20th century when human greed, aka cattle and mining, attempted to completely eradicate them from the millions to a few thousand. Then, when they were on the brink of total annihilation and treated in the most cruel regard, in 1971 legislation was created and BLM put in charge of managing and “protecting” the horses on these lands for their “primary” use. BLM admits almost every time they open their mouths that in their realm as kings cattle and mining are the primary benefactors of their actions.

      Water and land use in the late 19th and early parts of the 20th century were not primarily fought in court – they were primarily fought in bloody battles on the range – that resulted in whatever current day prescriptive laws are on the books and applicable. I’ll leave those details and thorough knowledge to others for now – but do please share what you know with links to evidence to back you up.

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      • “North Eastern” – I meant North Eastern Nevada in relation to this particular Tucaroro roundup.

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      • Look..they call it the desert for one reason…a desert gets limited amounts of rainfall, has for hundreds of years…I have lived in Nevada..can we drop this 10 year crap you people are getting from the weather service..its a 200 million year drought..previous to the ice age it was a sub tropical oasis. We had a long wet cool spring…I spent last weekend in this HMA..camped in the middle of it documenting, springs pouring water out the sides of mountains..water, wildflowers and green grass..get real..I saw it with my own eyes…1 week ago, while they were blocking Laura from the gather site…I snuck in the back door…In the middle of the night

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    • skippy – we are still waiting for you to educate us – you wrote “how many of you know…”. I have stated I do not know. Please enlighten me – you imply that you do know more than I – or are you just going to keep that to yourself?

      Or, could it be you don’t know either? ha ha!

      Of course every summer is a drought – is arid – then late in the season come the summer rains.

      Why this particular summer the horses did not migrate as they normally do to higher ground that is curenlty abundent with vegetation and water? Why this particular summer the wells were turned off due to resting the range from cattle grazing? Why this particular summer the gates to water sources, gates that are purposly there to allow horses and other wildlife access to water are all closed? Why a roundup in this partiuclar summer with all these other particular events? Why dead horses beside water holes? Why horses dead from dehydration all in excellent 4 and 5 condition yet who also have no food in their system when there is adequate forage all around them even in this low area? Coincidence? I think not.

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  23. I know this has been stated here many times, but I’m going to repeat the fundamental question:

    Why are there cattle on the very same land that BLM states the American Icons are suffering from lack of water?

    The basic premise defies the common sense test.

    Either these people are special interest crooks or idiots. I suspect a combination of both, sadly.

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    • Denise, The arrogance displayed is monumental. The events we have been hearing about and not seeing any part of have been encased in a network of plans gone awry, mistakes and coverup lies. Why would horses, whose range is the underlying ground also used by cattle and mining, be so specifically cut off from water that their being held to this particular spot would then endanger the horses lives when no other animals have been affected by this “drought condition”?? Obviously the convenience of holding them there was trumped by several postponements beginning with BLMs and followed by the first two weeks of hot weather there and the water was not checked and the wells not running and the gates shut. Sue Cattoor then became the vocal point after the the first day of the roundup and the deaths of horses brought it to a halt and the lawsuit was in play. I am still wondering at all Sue C. implied and why there has been no one out there to scour the area for answers. In the past this scenario has been described as occurring in Nevada. Now it has happened again. That BLM allows the resources to go to cattle and mining without representing the horses rights on their range is how neglectful this manager is with the horses it is sadly responsible for. To do as they please then turn around and lie in court and then continue abuse to the last? horse has been one of the slickest double takes I have ever seen. mar

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  24. Nevada water rights– that is the question, alright. It seems that the mining operations,
    corportate energy projects and corporate ranchers get first dibs. Mining and naturat gas projects take huge amounts of water. Look at the Ruby pipeline information posted on the Mustang Projects blog and see the water rights aquisition.

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  25. Andrea, I think what you have said is important. Could you send that to Senator Landrieu? She does have a law student from Georgetown University working with her, especially for this purpose. She should see this.

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    • I look to anyone (to a point) in Congress that tries to speak or do something for our American Icons. However, in today’s Washington Post there is a sad tale to be told and Senator Landrieu is a player in the mess that is oil, mining, etc.

      The title is, “Most in Oil, Gas Lobbies Worked for Government”. There is a snippet about our good old friend “Bag ’em, Tag “em Baca. To post at the Post is free but you must register. Read it and post a comment to educate the reporters on this one. Landrieu isn’t blatantly dirty, but certainly the lack of any movement by Congress on pending legislation or demands of transparency from good ole Kenny, Sylvia, Bobby speaks volumes…especially with the disaster in the Gulf.

      The politicians in the Washington are not tackling this and many other issues for a reason. They are afraid of big business and the November elections.

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  26. Did someone say this Tuscaruroa had been planned for a later date initially?

    Nightmare scenario (speculation)

    A) Drought conditions are recognized by the BLM in June.
    B) Catoors had not been contracted to do this roundup until later.
    C) BLM sends Catoor contract change to do roundup now to avoid animals suffering.
    D) Catoors jerk BLM around demanding more money for “unplanned” roundup
    E) BLM resists paying 25% more to Catoor for an unscheduled, emergency roundup.
    F) Standoff occurrs. BLM won’t pay more — Catoor won’t do roundup for less.
    G) Finally BLM tells Catoor it’s do the roundup or you’re out.
    H) Catoor, pissed off, getting standard fee, takes it out on the horses after wasting weeks in a standoff for more money.

    Just speculation on my part, of course. Another possible nightmare scenario.

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    • they changed the date of the roundup to accomodate the hunters; there was no mention of “emergency condition” until Laura filed the lawsuit, then it suddenly was imperative that the horses be removed for their own good. The BLM and Cattoors are together, not adversaries.

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    • The delay seems to be at the crux of the matter.

      How about this?

      MORE SPECULATION DUE TO LACK OF TRANSPARENCY FOLLOWS:

      The same range had been promised to little Johnny and Jackie for their cattle interests. Catoor delays roundup due to contract negotiations (see my other speculation, above), cattle are then run onto the land (as promised by BLM to Little J&J, necessitating the removal of the horses) and, viola — horses and cattle in the same droughty area.

      The cattle of course will be looked after and provided ample water, WHEN the horses are gone (and they should have already been gone but for the contract negotiations with Catoor holding up the works per my previous speculation.

      THIS IS ALL SPECULATION BY A TAXPAYER DUE TO THE LACK OF TRANSPARENCY OF THE PUBLIC SERVANTS AND THEIR ACTIVITIES.

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    • This always seems to happen- and I think it had a lot to do with karma. What I mean is with all the negativity their (BLMs) job is bound to go haywire. They make poor choices. I think that we can anticipate the same unless things actually get better for the BLM. I know that not all regional divisions of the agency have the same problems. Where there isn’t the same animousity over land rights, that is.
      I suppose we can anticipate more mistakes, but is there any way we could help them instead?
      I suggest the wild horses be moved from this area to designated ranges under a new ROAM Act. And the 35,000 too!
      So that BLM doesn’t have to manage them.

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      • But you know? I know the BLM doesn’t *mind* managing them. But it’s just a calamity.
        Louie, if you think that’s the best place to go with this idea- if no one else will come forward with any more input, I will try. It sure seems like the BLM knows the land claims, and they should contribute that. There is room for ranges, and there are jobs to be filled. But organisation and singleminded purpose is key and needed by everyone. That seems too far of a stretch to a few of us. I think we all really want it, on both sides. I’d love more input on the idea from either side.

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      • Andrea, you have several posts, and I am trying to figure out exaclty what you are proposing. I will get back to you with input, but it will take some time to assimilate it all.

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    • They are two main reasons why Sue is hired for the roundups:
      A- She does the job faster than anyone else (at the expense of the horses of course)
      Have you noticed how she always hits the ground running?
      B- She is an easy target to ridicule, and by doing this, she takes a lot of the attention away from others. They couldn’t pay her enough for that.

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  27. I guess Senator Landreiu would not have been elected in Louisiana if she had not supported drilling. That has probably been a big source of revenue for her state and her constituents. I think her desire to help our American Mustangs and burros is sincere.

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  28. Speaking of oil … I’m off to Pensacola this weekend to see family and friends (who might as well be family.) My husband and I plan to visit the beach, see with our own eyes the damage done. And we’ll do a lot of praying for the recovery of the area.

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    • Nora

      Have a great trip to the Gulf.

      Bring back “eyewitness to history” reports!

      The Corolla Horses are just around the corner from this big spill. . . .(oceanically-tidal wise).

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  29. Andrea, I’m thinking that your ideas need to go to those who have the legal expertise to help put some good legislation on the table. There are a great number of people on these blogs that do have that and might pick up on your thoughts. Right now, the ROAM ACT is just sitting in the Committee of Energy and Natural Resources. It passed the House, but getting it through the Senate is where it is stuck. From what I understand, it could use some work–more protections need to be worked into the wording. Senator Landrieu is the first one that comes to mind and she does have that law student working with her. There was quite a bit about that on Cloud Foundation site. You could email them and ask.

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    • Shirley, wasn’t sure if you already knew this, but a renewed motion for a temporary restraining order was filed today by Laura’s attorneys. You can see all three court documents on the Cloud Foundation blog site. Quite an interesting read! Laura really does have them dead to rights. There is even an official professional opinion filed by vet Nina Winand to support Laura’s case. No word from the judge yet that I’m aware of.

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  30. Andrea, god bless your heart, but most of the wild horses are being exterminated from Nevada, and while they still have wild horses in the pryors..they have decimated that herd and our now trying to fence them off their migratory lands-the BLM has a national mission to remove the wild horses from public lands, has a whole lot less to do with the local employees than a national policy..but some of these locals are writing very sloppy and sleazy EAs-that hardly mask the contempt they have for the mustang..please read these documents as well as internal documents gotten with freedom of information acts, because right now with out some serious fact checking, you seem a bit naive-but well intentioned.

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  31. National Mission to wipe out the Wild Equines in America sanctioned by the United States Congress.

    Funny thing is, in the big picture these animals like the wolves and bison (and others) are NOTHING in comparision to the problems the land/mineral/special interest suckers will do to us as a Nation.

    And just exactly why are a few thousand equines, bison and some hundred wolves such a threat to this country????? Ahh, the beauty of special interest because they can’t get their fat rears out there to take care and pay attention to anything….BP….you listening? I doubt it and DOI isn’t either. Shame on you Obama and the troll that is Emmanuel.

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  32. It’s the whole “Manifest Destiny” thing; anything that stands in the way of acquiring : land, oil, gold, water, whatever, MUST be eliminated. And it’s done gleefully! it seems to me that the people who plan it and the people who do the eliminating are happy to do it. I don’t know what hole is in their souls that derive pleasure from destroying the wild ones and wild places, but it seems they won’t rest until this country is one big cesspool of industry.

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    • I believe they are a mutation – a genetic anomaly. I recall tales passed down about Marco Polo’s visit to the Orient where the Queen of something said after the visit to watch out for these people – they will destroy everything in their path.

      Then, reading the one geneticist report that is included in this lawsuit – and can horses in this respect be that much different than humans – about the two separate types of genes, one that is stagnant obtained from the parents regarding hair and eye color, etc. The other one that changes and can be detrimental to the horse later in life based on circumstances especially in a young foal, such as stress from running too far too long, being overheated, etc. And that these other “mutated” genes also get passed down resulting in less than survival of the fittest that we normally attest to.

      Knowing the close knit ties between BLM employees all the way up to Salazar, going back and forth through the “revolving” doors now for at least 100 or more years with the generations of ranchers – and throughout DOI – the abhorrence of “Manifest Destiny” seems genetic to me!

      Question for today is – can they even make another choice? Is it all either genetic or “choice” or a little of both? If all genetic they have no business managing these wild horses, as we have all been saying all along.

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    • excerpts from Wikipedia:

      “Manifest Destiny was the 19th century American belief that the United States was destined to expand across the North American continent, from the Atlantic seaboard to the Pacific Ocean…

      …The belief in an American mission to promote and defend democracy throughout the world, as expounded by Woodrow Wilson and Ronald Reagan, continues to have an influence on American political ideology…

      …Manifest Destiny was always a general notion… and a belief in the natural superiority of what was then called the “Anglo-Saxon race”. While many writers focus primarily upon American expansionism when discussing Manifest Destiny, others see in the term a broader expression of a belief in America’s “mission” in the world, which has meant different things to different people over the years. This variety of possible meanings was summed up by Ernest Lee Tuveson, who wrote:
      A vast complex of ideas, policies, and actions is comprehended under the phrase ‘Manifest Destiny’. They are not, as we should expect, all compatible, nor do they come from any one source…”

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