By Steven Long ~ Editor/Publisher of “Horseback Magazine“
Artist and Equine Advocate Laura Leigh ~ Photo by Terry Fitch
HOUSTON, (Horseback) – The BLM cleared up the issue of ownership of water in a desert waterhole near a stampede area where almost 20 horses have died.
The plaintiff in a lawsuit, Laura Leigh, told Horseback Magazine she said she had seen fenced water on BLM land after the agency’s lawyers had told a federal judge that the horses were dying of thirst.
Washington spokesman Tom Gorey told the magazine earlier this week that there were at least three gaps in the fence which would enable the horses to drink. The statement means BLM lawyers had mislead the judge in a hearing late last week.
The judge then lifted s temporary injunction and allowed the BLM to proceed with the helicopter stampede and capture of the wild horses..
Also in question was the issue of who owned the rights to that water. Gory had earlier confirmed that Desert Ranch Resorvoir, one of the water holes spotted by Leigh, is located on BLM land in a herd management area. However, he said the federal agency likely didn’t own the water rights. Gorey said he would research the issue.
“Desert Ranch Reservoir, and I can categorically state that the Bureau of Land Management has never owned the water rights to that reservoir, nor has any entity of the United States government. I used the water rights ownership database of the Nevada state government’s Division of Water Resources, which shows that the water right was filed in September 1905 and was certificated in December 1916. It was originally owned by John G. Taylor and has been passed from different “grantors” to different “grantees” down to the present day.”
Gorey did not give the name of the current owner of the water.
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Categories: Horse News, Wild Horses/Mustangs
Straight from the Horse's Heart 
I would think that the judge’s sense of humor would be wearing a little thin.
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Seems one could make a research career of trying to unwind the complex and convoluted water rights, land rights and mineral rights in Nevada. Don’t know that it is any different in any other state but I know just the little bit of digging I have done shows this to be a very complex issue. Would be hard to bring into court I would think because you could easily get hit by the bullet of yet some other seemingly insignificant but precedent setting decision or grant.
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I think WordPress site is having some difficulties, can’t get to the subscribe page to confirm email notification of additional comments on 2 of your blog posts.
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Morgan, I thought it was just my computer, I can’t get the link to the subsription to work either!
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These landowners seem to want to keep their identities secret. BLM already said as much about one who allowed them on his ranch. Is there conflict of interest here? We will not know unless we find the owners who have allowed BLM to escape the 1st Amendment Rights of observers by using their private rights to keep the public away. They do not wish to be known? I think they deserve to be known and then we will see another layer of this onion peeled back. mar
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Can Laura get an idea of where the ranch was located, it should be a matter of public record who owns that land. And in the spirit of Mar’s post, finding out who the owner is and then researching to find out their relatives and connections.
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To find out who owns any land go to the public tax records. People who own land have to pay property taxes and how much and when they pay (and if they paid or are in default) is public record. Someone who lives in Nevada and pays their property taxes will know where that office is.
most likely will need a GPS loc so the correct land plat map can be found, if the ranch doesn’t have a mailing address or name.
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No mystery about Nevadas Waters; Owned by the State but BLM has a DUTY to provide
There is no doubt that acquiring access to Nevadas waters is a legal, not a geographic problem or based on insufficiencies. (Plaintiff submits that) despite the difficulties and legalities involved in achieving water rights in Nevada, the BLM nevertheless has a duty to see to it that adequate water is available for the wild horses that roam within their various HMAs. Plaintiff further submits that the defendants have failed in that duty;
“It is BLM policy to conform with applicable state laws and administrative claims procedures for water rights when managing and administering all BLM programs and projects, except as otherwise specifically mandated by Congress. The State Engineer Office in the Division of Water Resources of the Nevada Department of Conservation and Natural Resources, administers water rights programs in Nevada based on beneficial use and the Doctrine of Prior Appropriation. The State of Nevada regulates its water rights programs using guidance in chapters 533 and 534 of the Nevada Revised Statutes. The BLM will acquire and perfect water rights necessary for public land management purposes according to these state laws and procedures. (Emphasis added.) The BLM also will protect existing water rights of the U.S. by protesting or providing comment during the state permitting process on applications for new water rights or for changes to existing water rights that may interfere with BLM’s ability to utilize such water for public land management purposes.”
“http://www.blm.gov/pgdata/etc/medialib/blm/nv/field_offices/ely_field_office/ely_resource_management/rmppdftext.Par.1543.File.dat/04%20-%20ELY%20PRMP%202007%20Chapter%202.pdf”
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Sue the BLm for failure to provide adequate water souces for the wild equines
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Very important read: Proof BLM has a duty to provide water to (wildlife/horses/burros) on public lands no matter who owns the rights; even mentions the WFH&Bs specifically;
http://www.publicland.org/14_position_statements/PLF_2010_05_water_rights_nspl.html
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Oooooo, Christine, THAT WAS GOOD!!
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Here’s a website where you can find lots of general and specific information.
The horses are expected in some cases to use Wildlife Permits issued in Nevada.
This is my limited understanding.
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Here’s the website:
http://water.nv.gov/Water%20Rights/permitdb/permitdb_disclaimer.cfm?CFID=660225&CFTOKEN=36542761
. . . sorry. . .
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